Mont. Admin. r. 37.62.303

Current through Register Vol. 23, December 6, 2024

Rule 37.62.303 - DEFINITIONS

For the purposes of this chapter, unless the context requires otherwise, the following definitions apply:

(1) Insofar as they are not inconsistent with, or clarified by, the more specific definitions set forth in this chapter, the definitions set forth in 40-5-201, 40-5-403, 40-5-701, 40-5-801 and 40-5-901, MCA are adopted and incorporated by reference. Copies of 40-5-201, 40-5-403, 40-5-701, 40-5-801 and 40-5-901, MCA may be obtained from the Department of Public Health and Human Services, Child Support Services Division, P.O. Box 202943, Helena, MT 59620-2943.

(2) "ALJ" means a CSSD administrative law judge whose duties are defined in ARM 37.62.901.

(3) "Caseworker" means an employee of the CSSD who is authorized to initiate and participate in a contested case as provided in these rules and by CSSD policy and procedures.

(4) "Child support guidelines" means the administrative rules used to determine child support obligations as provided in ARM Title 37, chapter 62, subchapter 1.

(5) "Contested case" means a proceeding subsequent to service of a contested case notice under the Montana Administrative Procedure Act, the Uniform Interstate Family Support Act and the applicable provisions of Title 40, chapter 5, MCA and 17-4-105, MCA in which a determination of legal rights, duties and responsibilities is to be made after opportunity for hearing. This definition is not intended to include investigations made to determine if formal "contested case" proceedings should be instituted nor does it include proceedings related to the enforcement of support orders unless a statute provides for a hearing before the enforcement action may be taken.

(6) "Contested case notice" means a notice that initiates a contested case under the applicable sections of Title 40, chapter 5, MCA and 17-4-105, MCA and the Montana Administrative Procedure Act. Until a contested case notice is served on a party, there is no contested case and no corresponding right to an administrative hearing. Contested case notice does not apply to procedural notices such as a notice of hearing.

(7) "CSSD" means the Child Support Services Division, an agency within the Department of Public Health and Human Services charged with the responsibility of providing support enforcement services under Title IV-D of the Social Security Act.

(8) "Guidelines" means the child support guidelines defined at (4) of this rule.

(9) "OALJ" means the CSSD's office of the administrative law judge as described in ARM 37.62.901.

(10) "Party" is defined in ARM 37.62.913.

(11) "Presiding ALJ" means the ALJ assigned to a contested case when a party requests a hearing.

Mont. Admin. r. 37.62.303

NEW, 2000 MAR p. 3547, Eff. 12/22/00; AMD, 2020 MAR p. 966, Eff. 5/30/2020

AUTH: 17-4-105, 40-5-202, 40-5-262, 40-5-272, 40-5-273, 40-5-405, 40-5-713, 40-5-825, 40-5-906, MCA; IMP: 17-4-105, 40-5-201, 40-5-202, 40-5-203, 40-5-205, 40-5-206, 40-5-207, 40-5-208, 40-5-209, 40-5-210, 40-5-213, 40-5-214, 40-5-221, 40-5-222, 40-5-224, 40-5-225, 40-5-226, 40-5-227, 40-5-231, 40-5-232, 40-5-233, 40-5-234, 40-5-235, 40-5-236, 40-5-237, 40-5-238, 40-5-242, 40-5-243, 40-5-244, 40-5-247, 40-5-248, 40-5-251, 40-5-252, 40-5-253, 40-5-254, 40-5-255, 40-5-256, 40-5-257, 40-5-261, 40-5-262, 40-5-263, 40-5-264, 40-5-271, 40-5-272, 40-5-401, 40-5-402, 40-5-403, 40-5-404, 40-5-411, 40-5-412, 40-5-413, 40-5-414, 40-5-415, 40-5-416, 40-5-417, 40-5-418, 40-5-421, 40-5-422, 40-5-423, 40-5-424, 40-5-431, 40-5-432, 40-5-433, 40-5-434, 40-5-443, 40-5-701, 40-5-702, 40-5-703, 40-5-704, 40-5-709, 40-5-710, 40-5-711, 40-5-712, 40-5-713, 40-5-801, 40-5-802, 40-5-803, 40-5-804, 40-5-805, 40-5-806, 40-5-807, 40-5-808, 40-5-809, 40-5-810, 40-5-811, 40-5-812, 40-5-813, 40-5-814, 40-5-815, 40-5-816, 40-5-817, 40-5-818, 40-5-819, 40-5-820, 40-5-821, 40-5-822, 40-5-823, 40-5-824, 40-5-825, 40-5-901, 40-5-906, 40-5-907, 40-5-908, 40-5-909, 40-5-910, 40-5-911, 40-5-921, 40-5-922, 40-5-923, 40-5-924, MCA