Okla. Admin. Code § 340:25-5-203.1 - Collection from lottery prize winnings

Current through Vol. 39, No. 14, April 01, 2022

(a) Oklahoma Child Support Services (OCSS) files claims with the Oklahoma Lottery Commission against lottery prize winnings per Section 724.1 of Title 3A of the Oklahoma Statutes to collect:
(1) child support arrearages, child support judgments and interest thereon, past-due alimony, and judgments for child care costs and medical expenses; and
(2) overpayments established by OCSS per OAC 340:25-5-305 and 340:25-5-312.
(b) OCSS files a claim for cases in which at least $150 in past-due support or overpayment is owed.
(c) Within five days after filing a claim with the Oklahoma Lottery Commission, OCSS sends a notice by regular mail to the noncustodial parent. The notice includes:
(1) that a claim has been filed with the Oklahoma Lottery Commission;
(2) the basis for the claim;
(3) that the noncustodial parent has the right to contest the claim by requesting in writing an administrative review within ten days of the date on the notice from OCSS; and
(4) that the administrative review is granted only on the grounds of:
(A) a mistake of identity; or
(B) the amount of arrearage or judgment is incorrect.
(d) After the administrative review, OCSS issues a notice of administrative review decision and information about requesting an administrative hearing. The noncustodial parent may request in writing a hearing within 20 days after the date of the administrative review decision.
(e) Upon timely receipt of a written request for an administrative hearing, OCSS schedules the matter for an administrative hearing before the Office of Administrative Hearings: Child Support (OAH). OAH conducts a hearing and enters an order determining the contested issues.
(f) If the noncustodial parent settles the arrearage or judgment with OCSS before expiration of the 30-day administrative review period as per OAC 340:25-5-200.1, OCSS notifies the Oklahoma Lottery Commission in writing or by electronic media that the claim has been released.

Notes

Okla. Admin. Code § 340:25-5-203.1
Added at 23 Ok Reg 627, eff 1-11-06 (emergency); Added at 23 Ok Reg 1842, eff 7-1-06; Amended at 28 Ok Reg 812, eff 7-1-11

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