The purpose of an OCSE administrative hearing is to provide an opportunity for the review of an administrative action, before that action is taken, which a party believes will be adverse to their interest. For the purpose of an administrative hearing, a party is an account holder, custodial party, or noncustodial parent.

Administrative hearings are conducted by attorneys within or assigned by the General Counsel section. Administrative hearings are not available to hear objections to federal or state laws or regulations or dispute the amount of child support arrears as calculated by the OCSE caseworker. Additionally, complaints regarding visitation, paternity determinations, wage withholding, or the amount of court ordered child support can only be reviewed by the court. If the basis for the hearing request involves any of the following issues that can be resolved by an agency decision, a hearing may be held:

A party, or their attorney, may request an administrative hearing by submitting a written request to the office specified on the notice of the intended administrative action. That request must be received within the timeframe specified on the notice. As a convenience, an Administrative Hearing Request form is available in all local OCSE offices and on the OCSE website at www.childsupport.arkansas.gov.

The request for an administrative hearing must contain information sufficient to determine the following:

The party against whom the proposed action is to be taken must submit a written request for an administrative hearing to the local child support office within the following timeframes from the mailing date of the notice of intent/pre-offset notice.

The hearing officer will schedule the hearing to afford the parties, and their attorneys, if any, notice of the date, place, and time of the hearing. The hearing may be rescheduled at the discretion of the hearing officer or at the request of any party upon a showing of good cause. The hearing scheduling notice shall recite that the obligor's failure to appear for the scheduled hearing will be considered a waiver of the administrative hearing process.

The hearing officer will mail the party a notice setting the time, location, and date of the hearing and advising that he or she has 15 days from the date of the notice to inform the hearing officer of the identity of any OCSE employees they may wish to question during the administrative hearing.

If a foreign language interpreter or an interpreter for the hearing impaired is required by the party requesting the hearing, the party shall advise the General Counsel section, in writing, no later than 10 days prior to the scheduled hearing. A qualified interpreter will be secured for the hearing by the General Counsel section.

The party and/or his or her representative will be notified by the General Counsel section that 15 days are allowed from the date of the notice to review the hearing file at the office indicated in the notice. The notice will also advise the party and/or their representative that they may identify OCSE employees who they wish to question during the administrative hearing.

The initiating office should submit the names of any witnesses the office wishes to testify regarding the adverse action taken to the General Counsel section at the time the hearing file is submitted. OCSE employees are required to testify in the administrative hearings upon notification by the hearing officer. The initiating office representative will be notified by the hearing officer of any witnesses the party has requested and will have five days from receipt of this notice to identify rebuttal witnesses.

The hearing will normally be held at the OCSE Central Office, Little Rock, Arkansas. At the request of a party, and/or at the discretion of the hearing officer, the hearing may be held at an OCSE field office or by telephone conference call.

If the requesting party fails to appear for the hearing and has not received the consent of the hearing officer to a postponement, the administrative appeal will be considered abandoned.

The initiating office will provide pertinent information relating to the issues of the case and be prepared to question any witnesses who are presented as well as the party requesting the hearing. In hearing requests relating to state or federal tax offset, the local office must attempt to contact the requesting party to attempt to resolve the complaint prior to the hearing.

The hearing will be conducted by a hearing officer who is an attorney assigned by the General Counsel section. No person who participated in the decision that is being appealed may serve as the hearing officer. The administrative hearing will be electronically recorded by the hearing officer or his or her designee. The party who requested the administrative hearing may have a designated representative present at the hearing.

The hearing officer will prepare and sign a Final Order based on testimony of the parties, documents presented, and statements of party representatives. A copy of the Final Order will be mailed to the party appealing the adverse action with proof of delivery, (i.e., certified or registered mail, restricted delivery, return receipt requested). A copy will also be provided to the representative of the initiating office.

If a party wishes to appeal the Final Order, he or she has 30 calendar days after receipt of the final order to file an appeal with the appropriate circuit court for a judicial review.

In noncooperation cases, any appeal may be made to the appropriate state agency.

If an administrative hearing is requested in an intergovernmental case, the hearing may be conducted by the state that issued the child support order at the request of the noncustodial parent. When an administrative review is conducted by the issuing state, the decision made by that state is binding.