ESTABLISH ORDER

CS 1382P Children in Care (CIC) Reconsideration 

8/88  Revised 06/15/22 Training Completed 06/29/22 Last Reviewed 12/02/24

U.C.A. 63G-4-302

 

NOTE: CIC-specific procedures contained in this section.

 

 

Statute and Introduction

 

Utah Code Annotated U.C.A. 63G-4-302 Agency review – Reconsideration states:

“(1) (a) Within 20 days after the date that an order is issued for which review by the agency or by a superior agency under Section 63G-4-301 is unavailable, and if the order would otherwise constitute final agency action, any party may file a written request for reconsideration with the agency, stating the specific grounds upon which relief is requested.

(b) Unless otherwise provided by statute, the filing of the request is not a prerequisite for seeking judicial review of the order.

(2) The request for reconsideration shall be filed with the agency and one copy shall be mailed to each party by the person making the request.

(3) (a) The agency head, or a person designated for that purpose, shall issue a written order granting the request or denying the request.

(b) If the agency head or the person designated for that purpose does not issue an order within 20 days after the filing of the request, the request for reconsideration shall be considered to be denied.”

Participation Orders and Orders Denying Motions to Set Aside Default Orders which have been issued by the Office of Recovery Services/Children in Care Program (ORS/CIC) are subject to reconsideration if a request is made in writing within 20 days after the final order is issued.  (If a defaulted respondent contests an order after it is issued, see CS 383P Set Aside Default Orders for additional information.)   There is no specific form required for requesting reconsideration.  However, the request for reconsideration must:

 

1.                    Be in writing;

2.                    State specific grounds upon which relief is requested; and,

3.                    Provide the evidence to support the grounds for relief.

 

A respondent(s) to the action or CIC may request reconsideration of an Administrative Hearing Order issued by the Office of Administrative Hearings (OAH) within 20 days after the final order is issued.  If you believe an Administrative Hearing Order should be reconsidered, follow the procedures listed in subsection Procedures:  Request for Reconsideration of OAH Order Initiated by CIC below.

 

 

Procedures: Request for Reconsideration Received From Respondent(s)

 

If you receive a request for reconsideration from a respondent(s), take the following steps:

 

1.                   If the Presiding Officer (PO) receives a request for reconsideration from a respondent, forward the request as follows: 

a.                   Order issued by CIC:  Forward the request to the PO who issued the order. The PO will review the request and determine whether to grant reconsideration.

b.                   Order issued by the Office of Administrative Hearings (OAH): Forward the request to the Administrative Law Judge (ALJ) or Administrative Hearing Officer in OAH who issued the order.  OAH will review the request and determine whether to grant reconsideration.  If OAH grants reconsideration of an Administrative Hearing Order, prepare the case thoroughly for the hearing, since this will likely be the only opportunity for covering all issues.  For additional information on administrative hearing case preparation, refer to CS 1371P CIC Children in Care Case Preparation for Administrative Hearing.

 

2.                   Grant or deny the request for reconsideration:  The Presiding Officer will grant or deny the request for reconsideration as soon as possible upon receipt of the request.

a.                   Request Denied:  If the PO denies the request for reconsideration, issue an “Order Denying Respondents Request for Reconsideration.”  Send a copy of the order to the respondent(s).  This form ends the reconsideration process.  

b.                   Request Granted:  If the PO grants the request for reconsideration, issue an “Order Granting Respondents Request for Reconsideration.”  This form indicates that CIC will look at the evidence again; it does not end the reconsideration process.

c.                   Request neither granted nor Denied:   If the PO neither grants nor denies the request within 20 days, the request is considered denied and the original order stands. 

 

3.                   Limit enforcement activity on the case:  Once a request for reconsideration is granted, you must limit enforcement activity during the reconsideration review.

 

4.                   Consider the evidence.  If the request for reconsideration is granted, the Presiding Officer who issued the order will:

a.                   Review the basis for the original order;

b.                   Review the evidence submitted with the request for reconsideration;

c.                   Obtain additional information by phone or letter, if needed; and/or,

d.                   Schedule a second conference, if needed, to gather all necessary information to facilitate a full reconsideration.

 

5.                   Make a reconsideration determination and issue the appropriate order.

a.                   Original order upheld:  If the PO determines that the original order should be upheld, issue an order affirming the original order.  Choose the correct “affirming” order based on the types of original order as follows:

i.                     Participation Order – Issue the “Order: Reconsideration, Order Affirmed.”

ii.                   “Order: Motion to Set Aside Default Denied” – Issue the “Order: Reconsideration, Order Affirmed.”

b.                   Original order changes:  If the PO determines that the original order should change based on the evidence presented during reconsideration, issue the appropriate order as follows:

i.                     Participation Order – Issue the Participation Order. This order contains all of the options to create a new, enforceable, child support order based on the evidence presented during reconsideration.  Send a copy of the order to the respondent(s).

 

NOTE:  If the evidence results in a change to the worksheet that would increase the obligation to an amount higher than that in the original Notice of Agency Action (NAA), you must send out an amended NAA to the respondent(s).  The amended NAA may be sent by first class mail to the address where the original NAA was served.  If you know that the respondent(s) has moved, send the amended NAA to the new address by certified mail.  Follow all Utah Administrative Procedures Act (UAPA) procedures and timeframes as explained in the ESTABLISH ORDER sections of policy.  You do not need to send an amended NAA if the change in the worksheet would lower the amounts for both parents or if both parents will sign a stipulation agreeing to the higher amounts.

ii.                   “Order: Motion to Set Aside Default Denied” – Issue the “Order: Set Aside Administrative Order.”  Since the original order is being set aside, begin the appropriate process to establish a new child support order, including service of an NAA if the original NAA is also being set aside.

 

6.                   Resume enforcement activity if the original order is upheld or a new order is established. 

 

If the respondent(s) does not agree with the reconsideration determination, the respondent may file for judicial review of the administrative order.  A respondent(s) may file for judicial review of an administrative order without requesting reconsideration first.  Reconsideration is not a prerequisite for judicial review. For additional information, refer to CS 1387P CIC Judicial Review of Administrative Orders for CIC Cases.

 

 

Procedures: Request for Reconsideration of OAH Order Initiated by CIC

 

Occasionally it may be necessary for CIC to pursue reconsideration of an OAH order.  For example, the order does not address an item requested in the NAA or something in the order is inconsistent with Utah law.  A request for reconsideration must be made within 20 days of the order being issued by OAH.  If you believe it may be appropriate to request reconsideration of an OAH order, refer to the steps listed below.

 

1.                   Review the case and the order with your manager and Associate Regional Director (ARD) and/or Regional Director (RD) to determine whether CIC should pursue reconsideration of the order.  If a request for reconsideration is deemed inappropriate, the order should be enforced as written.  Otherwise, proceed to the next step.

 

2.                   Generate the ORS/CSS Request for Reconsideration of Administrative Hearing Order.  Provide this form to the CIC Bureau Director for signature.  If the CIC Bureau Director does not approve the request for amendment, do not pursue reconsideration further, and enforce the order as written. 

 

3.                   Generate the Notification of Request for Reconsideration or Motion to Amend Administrative Hearing Order.  Prepare a copy for the respondent(s) named in the order.

 

4.                   Send the original, signed request to OAH.

 

5.                   Send a copy of the request to the respondent(s) named in the order.  Mail the forms by first class mail.

 

6.                   Monitor for response from OAH.  OAH will review the request and issue a written order granting the request or denying the request within 20 days.  If the OAH does not issue an order within 20 days after the filing of the request, the request for reconsideration shall be considered to be denied.

a.            Request Granted:  Prepare the case thoroughly for any possible hearing, as this will likely be the only opportunity to address all issues.  Attend any scheduled hearings.  Monitor for the order based on reconsideration.

b.            Request Denied:  Add the existing support order to ORSIS and begin enforcement activity.