ESTABLISH ORDER
08/88
Revised 05/09/25 Training Completed
CIC: Refer to procedures
found in CS 1382P CIC Reconsideration.
Statute
and Introduction
Utah Code 63G-4-302 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 as described in Section 63G-4-403, 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.”
One
or two-parent orders with the participation option for at least one of the
respondents are subject to reconsideration if a request is made in writing by
the participating respondent or by a CSS agent 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. In addition, “Orders Denying
Motions to Set Aside Default Orders,” and “Decisions and Orders Based on
Genetic Test Results” which have been issued by the Office of Recovery
Services/Child Support Services (ORS/CSS) are subject to reconsideration if a
request is made in writing within 20
days after the final order is issued.
There is no specific form required for requesting reconsideration;
however, the request for reconsideration must be in writing, must state
specific grounds upon which relief is requested, and must provide the evidence
to support the grounds for relief.
A respondent to the action or CSS 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 below.
Forms
Overview
1.
Order: Request for Reconsideration Denied. Used to
deny a request for reconsideration by a respondent(s).
2.
Order: Request for Reconsideration Granted. Used to
grant a request for reconsideration by a respondent(s). This form does not change the original order;
it notifies the parties that CSS will reconsider the order based on additional
information provided by the respondent(s).
It contains options to set a deadline for additional information, and to
schedule a conference, if needed.
3.
Order: Reconsideration, Order Affirmed. Used to
uphold the original order after a review of the evidence that accompanied a
request for reconsideration is completed.
4.
Order: Reconsideration, Child Support. Used to
issue a new order after a review of the evidence that accompanied the request
for reconsideration is completed.
5.
Decision
and Order Based on Genetic Test Results/Reconsideration. Used in
the reconsideration process to affirm a previous “Decision and Order Based on
Genetic Test Results” or to disestablish paternity after a review of the
evidence that accompanied the request for reconsideration is completed. (Refer to CS 329P Paternity Disestablishment,
Overview for more information.)
6.
Order: Set Aside Administrative Order. Used
when the respondent(s) requests reconsideration of an Order: Motion to Set Aside Default Denied and the
original order will be set aside as a result of the reconsideration
process. See CS 383P Set Aside Default
Orders.
7.
ORS/CSS
Request for Reconsideration of Administrative Hearing Order. Used by
CSS to request reconsideration of an order issued by the Office of
Administrative Hearings (OAH).
8.
Notification
of Request for Reconsideration or Motion to Amend Administrative Hearing Order. Notice
sent by CSS to respondents named in the Administrative Hearing Order when CSS
requests reconsideration.
Procedures:
Request for Reconsideration Received From Respondent(s)
If you receive a request for
reconsideration from a respondent, take the following steps.
1.
Forward
the request to the appropriate Presiding Officer.
a.
Order
issued by CSS: Forward the request to the
Presiding Officer who issued the order.
The Presiding Officer 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 an Administrative Hearing Officer (AHO) in OAH who issued the
order. Requests must be sent to OAH. 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.
2.
Limit
enforcement activity on the case.
Once a request for reconsideration is received from a noncustodial
parent respondent (the parent who does not have physical custody), you must
limit enforcement activity during the reconsideration review.
Exception:
If the respondent requests reconsideration of an “Order: Motion to Set Aside Default Order,” you may
continue enforcement action until and unless a decision is made to set aside
the Default Order. If the Default Order
is set aside and it will not be replaced by a new order, you must stop
enforcement action.
3.
Grant
or deny the request for reconsideration.
The Presiding Officer who issued the original order will grant or deny
the request for reconsideration as soon as possible upon receipt of the
request.
a.
Request
Denied: If
you, as the Presiding Officer, deny the request for reconsideration, issue an
“Order Denying Respondent’s Request for Reconsideration.” Send a copy of the order to both parties on
the case, even if only pursuing an order against one parent. This form ends the reconsideration process,
and the post-order team can resume all enforcement activity on the original
order as written.
b.
Request
Granted: If
you grant the request for reconsideration, issue an “Order Granting Respondents
Request for Reconsideration.” Send a
copy of the order to the both parties on the case, even if only pursuing an
order against one parent. This form
indicates that CSS will look at the evidence again; it does not end the
reconsideration process.
c.
Request
neither Granted nor Denied: If
the Presiding Officer neither grants nor denies the request within 20 days, the
request is considered to be denied and the original order stands. The post-order team can resume all
enforcement activity on the original order as written.
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 and to facilitate a full reconsideration.
5.
Make
a reconsideration determination and issue the appropriate order. The reconsideration order issued will depend
on the type of original order and if the original order is upheld or changed.
a.
Original
order upheld: If you, as the Presiding
Officer, determine that the original order should be upheld, issue an order
affirming the original order. Choose the
correct “affirming” order based on the type of original order as follows:
i.
One or two-parent child support order: Issue the “Judgment and Order Based on
Reconsideration: Order Affirmed.”
ii.
“Order Denying Motion to Set Aside Default”: Issue the “Judgment and Order Based on
Reconsideration: Order Affirmed,”
iii.
“Decision and Order Based on Genetic Test Results”: Issue the “Decision and Order Based on
Reconsideration” choosing the reconsideration and order affirmed options.
b.
Original
order changes: If you, as the Presiding
Officer, determine that the original order should change based on the evidence
presented during reconsideration, issue the order amending the original order
as follows:
i.
One or Two-parent child support order: Issue the “Judgment and Order Based on
Reconsideration: Child Support.” This order contains all of the options to
create a new, enforceable, child support order based on the evidence presented
during reconsideration. Post-order teams
may begin enforcing on the new order once it is issued.
NOTE: If the evidence results in a change to the
worksheet that would increase the obligation of one of the parties to an amount
higher than that in the original Notice of Agency Action (NAA), you must send
out an amended NAA to both parties. The
amended NAA may be sent by first class mail to the address where the Notice of
Agency Action was served. If you know
that a party has moved, send the NAA to the new address by certified mail. Follow all UAPA procedures and timeframes as
explained in the Establish Order sections of Public 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 Denying Motion to Set Aside Default”: Issue the “Order to Set Aside Award.”. Since the original order is being set aside,
begin the appropriate process to establish a new child support order, including
service of a Notice of Agency Action if the original NAA is also being set
aside.
iii.
“Decision and Order Based on Genetic Test Results”: Issue the “Decision and Order Based on
Reconsideration” using the reconsideration options and the option to
disestablish paternity. If paternity is
disestablished, begin the appropriate process to establish paternity against
another consort, if possible.
6.
Resume
enforcement activity if the original order is upheld or a new order is
established.
If a respondent does not agree with the reconsideration
determination, the respondent may file for judicial review of the
administrative order. A respondent may
file for judicial review of an administrative order without requesting
reconsideration first; reconsideration is not a prerequisite for judicial
review. (see CS 387P Judicial Review of Administrative Hearings for
further information).
Procedures: Request for Reconsideration of OAH Order Initiated By
CSS
Occasionally it may be necessary for CSS to pursue reconsideration
of an Office of Administrative Hearing (OAH) order. For example, the order does not address an
item requested in the Notice of Agency Action 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).
This review decides whether CSS 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 RD, who will discuss
the merits of the case with the ORS Director. If the ORS Director does not approve
the request for reconsideration by signing form, do not pursue reconsideration
further, and enforce the order as written.
If the ORS Director approves the request, the signed form will be signed
and returned to you for the next step.
NOTE: The CSS Director is the delegated back-up and
may sign the form in the ORS Director’s absence.
3.
Generate
the “Notification of Request for Reconsideration or Motion to Amend
Administrative Hearing Order.”
Prepare a copy for each respondent named in the order.
4.
Send
the original, signed Request for Reconsideration to OAH.
5.
Send
copies of all forms to each respondent 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.