ADMINISTRATIVE REVIEW AND REQUEST FOR AGENCY ACTION (RAA)
CS 090P RAA: Overview and Corresponding Sections
Statutory Authority
Utah Code
Annotated (U.C.A.) 63-46b-3 states:
“(3) (a) Where the law
applicable to the agency permits persons other than the agency to initiate
adjudicative proceedings, that person's request for agency action shall be in
writing and signed by the person invoking the jurisdiction of the agency, or by
that person's representative, and shall include:
(i)
the names and addresses of all persons to whom a copy of the request for agency
action is being sent;
(ii) the agency's file number or other reference number, if known;
(iii) the date that the request for agency action was
mailed;
(iv) a statement of the legal authority and
jurisdiction under which agency action is requested;
(v) a statement of the relief or action sought from
the agency; and
(vi) a statement of the facts and reasons forming the
basis for relief or agency action.
(b) The person requesting agency action shall file the
request with the agency and shall mail a copy to each person known to have a
direct interest in the requested agency action.
(c) An agency may, by rule, prescribe one or more
forms eliciting the information required by Subsection (3)(a) to serve as the
request for agency action when completed and filed by the person requesting
agency action.
(d) The presiding officer shall promptly review a
request for agency action and shall:
(i) notify the requesting
party in writing that the request is granted and that the adjudicative
proceeding is completed;
(ii) notify the requesting party in writing that the
request is denied and, if the proceeding is a formal adjudicative proceeding,
that the party may request a hearing before the agency to challenge the denial;
or
(iii) notify the requesting party that further
proceedings are required to determine the agency's response to the request.
(e) (i) Any notice required
by Subsection (3)(d)(ii) shall contain the information required by Subsection 63-46b-5(1)(i) in addition to disclosure required by Subsection
(3)(d)(ii).
(ii) The agency shall mail any notice required by
Subsection (3)(d) to all parties, except that any notice required by Subsection
(3)(d)(iii) may be published when publication is required by statute.
(iii) The notice required by Subsection (3)(d)(iii)
shall:
(A) give the agency's file number or other reference
number;
(B) give the name of the proceeding;
(C) designate whether the proceeding is one of a
category to be conducted informally according to the provisions of rules
enacted under Sections 63-46b-4 and 63-46b-5, with citation to
the applicable rule authorizing that designation, or formally according to
Sections 63-46b-6 to 63-46b-11;
(D) in the case of a formal adjudicative proceeding,
and where respondent parties are known, state that a written response must be
filed within 30 days of the date of the agency's notice if mailed, or within 30
days of the last publication date of the agency's notice, if published;
(E) if the adjudicative proceeding is to be formal, or
if a hearing is to be held in an informal adjudicative proceeding, state the
time and place of any scheduled hearing, the purpose for which the hearing is
to be held, and that a party who fails to attend or participate in a scheduled
and noticed hearing may be held in default;
(F) if the adjudicative proceeding is to be informal,
and a hearing is required by statute or rule, or if a hearing is permitted by
rule and may be requested by a party within the time prescribed by rule, state
the parties' right to request a hearing and the time within which a hearing may
be requested under the agency's rules; and
(G) give the name, title, mailing address, and
telephone number of the presiding officer.”
The Request
for Agency Action (RAA) process applies in a case situation when the Office of
Recovery Services/Child Support Services (ORS/CSS) sends a notice to a
noncustodial parent (NCP) or custodial parent (CP) about a determination CSS
has made or an action CSS is taking, and the NCP or CP wants to contest that
determination or action. The RAA process is different from the Notice of Agency
Action (NAA) process, in that the RAA process involves an adjudicative proceeding that is initiated by someone other than
CSS. In order for the RAA process to
commence, the individual contesting the action must request an adjudicative
proceeding. RAA adjudicative proceedings
fall under the Utah Administrative Procedures Act (UAPA) found at UCA 63-46b-3(3). “RAA” is strictly a UAPA term.
An individual may also contest a determination
or action by requesting an informal “administrative review.” The administrative review option is outside
the RAA/UAPA process. Exception: An individual may NOT request an
administrative review when contesting the release of case information. See CS 076P Release of Case Information.
Options after Receiving the “Initial Notice”
After the
NCP/CP receives the “Initial Notice” or other method of notice (e.g., paycheck
deduction indicating a change in the arrears payment) informing him/her of the
determination CSS has made or the action CSS is taking, the NCP/CP may take one
of the actions listed below.
1.
Do
as the notice indicates. For example, pay the debt as
demanded; cooperate so that CSS may take the next action on the case, etc.
2.
Do
nothing. For example, if the NCP
receives the “Annual Notice of Past-due Child Support” and does not respond,
collection actions would begin/continue on the past-due amount listed in the
notice.
3.
Contest
the “Initial Notice” by taking one of the actions listed below.
a.
Request
an Administrative Review.
The NCP/CP calls, writes, comes into the office, or requests an administrative
review on the appropriate “Written Request for Review” form.
NOTE: No administrative review is
conducted on Release of Information actions. Refer to CS
076P Release of Case Information Based on Parent-time Order.
b.
Request
an Adjudicative Proceeding.
The NCP/CP makes a written request for an adjudicative proceeding under
UAPA, preferably on the “Written Request for Review” form. Refer to the “Adjudicative Proceeding”
section below and the corresponding CSS Volume 2 sections for detailed
information. A Presiding Officer
(Quality Assurance Specialist) will make a determination
and issue a “Decision and Order”. A
Decision and Order that has been issued by CSS is subject to reconsideration if
a request is made in writing within 20 days after the Decision and Order is
issued.
c.
Go
to Court. The NCP/CP files a court
action.
If
the contesting party marks both the Administrative Review and the Adjudicative
Proceeding, conduct an Administrative Review.
The contesting party can then request an Adjudicative Proceeding if s/he
does not agree with the outcome of the Administrative Review.
If
the contesting party requests an Administrative Review or an Adjudicative
Proceeding by completing the appropriate “Written Request for Review” form, the
form also instructs the party to indicate whether s/he plans to attend the review
or proceeding in person. If the party
indicates that s/he plans to attend the review/proceeding in person, the
agent/PO will send the party the “Request for Review Appointment Letter” to
notify the party of the date, time and place for the review/proceeding. If the party indicated on the request for
review form that s/he will be represented by an attorney, send a copy of the
appointment letter to the attorney. If
the party does not appear for the review/proceeding, continue with the
available evidence.
NOTE: A party may participate by telephone when
appropriate.
The
“Written Request for Review” form also instructs the party to return any
written evidence with the form that supports his/her claim; however, the
contesting party may present evidence at the time of the review/proceeding
instead of or in addition to providing it in advance.
Adjudicative Proceeding
The person
receiving the “Initial Notice” may request an adjudicative proceeding under
UAPA within 15 days of the “Initial
Notice” or within 15 days of receiving the senior agent’s “Determination
Notice.”
Exception:
If the NCP is requesting an adjudicative proceeding for an “Annual
Notice of Past-due Child Support Notice” and
an administrative review has not been conducted, s/he has 30 days to make the request.
The request for an adjudicative proceeding must
be in writing, preferably on the appropriate “Written Request for Review”
form. If the NCP/CP or his/her attorney
requests an adjudicative proceeding in writing but not on the appropriate
“Written Request for Review” form, the request must contain specific items
required by Utah law (U. C. A. 63-46b-3(3)).
Provide the attorney with the appropriate “Written Request for Review”
form and let him/her select the type of review.
If the NCP/CP
requests an adjudicative proceeding under UAPA, the Presiding Officer (PO), not the responsible agent, must conduct the
review. The PO is your Regional
Quality Assurance Specialist (QA).