Current through Register Vol. 61, No. 4, April 1, 2022
For the purposes of this rule the
following definitions apply;
participant" means any obligor, obligee or beneficiary in an Oregon child
support case or any person denied services after submitting an
(b) "Grievance" means
a formal complaint filed against the administrator.
(c) "Grievant" means a program participant
who has filed a grievance as set out in this rule.
(2) Program participants are entitled to
fair, professional, courteous and accurate service. A grievance procedure has
been established to enable program participants a means to formally express
when they perceive that they have not received fair, professional, courteous or
accurate service. This grievance procedure will be handled by the Division of
Child Support (DCS) under the oversight of the Oregon Child Support Program
(3) Grievances may be
filed by program participants or attorneys or other employees of law offices
representing program participants.
It is recognized that child support
enforcement activities may create negative reactions among some program
participants. It is further recognized that a high level of service may not
result in desired support payments. Therefore, a grievance filed against the
administrator must be investigated to determine if the grievance has merit.
Grievances which will be considered to be without merit include:
(a) Grievances that protest actions that are
prescribed or permitted by state administrative rule, state law, child support
program approved written policy or procedure, federal law or federal
(b) Grievances that
protest that support payments have not been made if the administrator has taken
appropriate steps in accordance with state and federal rules to obtain
(c) Grievances filed
regarding actions taken by, or failure to take action by, another agency or a
child support agency of another state;
(d) Grievances that allege that actions have
or have not been taken but the case record reflects otherwise; or
(e) Grievances that do not constitute a
complaint but merely convey information to, or request an action by the
decision to find the grievance to be without merit or send it to the
appropriate office for resolution will be made by the Program.
(6) Grievances may be made on a form
developed by the Program.
Nothing in this rule precludes any program participant or any other person or
entity from expressing complaints to the administrator by any other
Grievance forms will be
available to program participants through any Program office. The address and
telephone number where a grievance form can be obtained and information about
the grievance process will be:
Conspicuously posted in all Program offices;
(b) Included in the standard application for
support enforcement services;
Included in initial letters sent to parties by the Program;
(d) Included in the Program's general
in or with an annual notice mailed to the parties.
Grievants must file the completed
grievance forms with Program Constituent Services. Completed grievance forms or
photocopies of these forms filed with the administrator will be immediately
forwarded to Program Constituent Services. Upon receipt of the grievance,
Program Constituent Services will:
receipt of the grievance;
Investigate the grievance to determine if the grievance is without merit per
section (4) of this rule;
the grievance is without merit per section (4) of this rule, the grievance will
be returned to the grievant with an explanation about why it has been
(d) If the grievance is
not returned to the grievant it will be forwarded to the grievance
coordinator(s) in the appropriate branch office for resolution.
(10) Upon receipt of the
grievance, the office against whom the grievance has been filed will
investigate the grievance. That office will either take corrective action and
notify the grievant or contact the grievant to explain why corrective action is
not appropriate. Program Constituent Services will set time limits for the
administrator to address the grievance, not to exceed 90 days from the date the
grievance is received at DCS. The date received by Program Constituent Services
will be considered to be the date the grievance is screened and
(11) Upon completion of
grievance processing, the office against whom the grievance has been filed will
send the grievance form to Program Constituent Services with a report of the
grievance investigation and the disposition.
(12) Grievances that allege serious
violations of personnel rules or standards of personal conduct, such as, but
not limited to, allegations of racial or sexual discrimination or sexual
harassment, in which allegations are substantiated, will be removed from this
grievance process and be part of the personnel process of the office against
whom the grievance has been filed.
(13) A record of grievances and dispositions
will be maintained by the Program for a period of three years.
(14) The administrator against whom a
grievance has been filed will not discriminate against the grievant because a
grievance has been filed.
Performance reviews will include examination of the administrator's compliance
with these grievance procedures and an examination of grievances filed against
the administrator and resolution to such grievances for the previous calendar
Or. Admin. R.
AFS 1-1995, f. 1-3-95,
cert. ef. 5-2-95; AFS 32-1995, f. & cert. ef. 11-8-95; AFS 20-1997, f.
& cert. ef. 11-7-97; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00,
Renumbered from 461-195-0010; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03
thru 12-28-03, Renumbered from 461-200-1600; DOJ 10-2003, f. 9-29-03, cert. ef.
10-1-03, Renumbered from 461-200-1600; DOJ 7-2004, f. 3-30-04, cert. ef.
4-1-04; DOJ 1-2006, f & cert. ef. 1-3-06;
5-2019, amend filed 05/29/2019, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS