OAR 137-055-1600
Child Support Program Participant Grievance

(1) For the purposes of this rule the following definitions apply;
(a) “Program participant” means any obligor, obligee or beneficiary in an Oregon child support case or any person denied services after submitting an application.
(b) “Grievance” means a formal complaint filed against the administrator.
(c) “Grievant” means a program participant who has filed a grievance as set out in this rule.
(2) Program participants are entitled to fair, professional, courteous and accurate service. A grievance procedure has been established to enable program participants a means to formally express when they perceive that they have not received fair, professional, courteous or accurate service. This grievance procedure will be handled by the Division of Child Support (DCS) under the oversight of the Oregon Child Support Program Director.
(3) Grievances may be filed by program participants or attorneys or other employees of law offices representing program participants.
(4) It is recognized that child support enforcement activities may create negative reactions among some program participants. It is further recognized that a high level of service may not result in desired support payments. Therefore, a grievance filed against the administrator must be investigated to determine if the grievance has merit. Grievances which will be considered to be without merit include:
(a) Grievances that protest actions that are prescribed or permitted by state administrative rule, state law, child support program approved written policy or procedure, federal law or federal regulation;
(b) Grievances that protest that support payments have not been made if the administrator has taken appropriate steps in accordance with state and federal rules to obtain payments;
(c) Grievances filed regarding actions taken by, or failure to take action by, another agency or a child support agency of another state;
(d) Grievances that allege that actions have or have not been taken but the case record reflects otherwise; or
(e) Grievances that do not constitute a complaint but merely convey information to, or request an action by the administrator.
(5) The decision to find the grievance to be without merit or send it to the appropriate office for resolution will be made by the Program.
(6) Grievances may be made on a form developed by the Program.
(7) Nothing in this rule precludes any program participant or any other person or entity from expressing complaints to the administrator by any other method.
(8) Grievance forms will be available to program participants through any Program office. The address and telephone number where a grievance form can be obtained and information about the grievance process will be:
(a) Conspicuously posted in all Program offices;
(b) Included in the standard application for support enforcement services;
(c) Included in initial letters sent to parties by the Program;
(d) Included in the Program’s general information pamphlet;
(e) Included in or with an annual notice mailed to the parties.
(9) Grievants must file the completed grievance forms with Program Constituent Services. Completed grievance forms or photocopies of these forms filed with the administrator will be immediately forwarded to Program Constituent Services. Upon receipt of the grievance, Program Constituent Services will:
(a) Record receipt of the grievance;
(b) Investigate the grievance to determine if the grievance is without merit per section (4) of this rule;
(c) If the grievance is without merit per section (4) of this rule, the grievance will be returned to the grievant with an explanation about why it has been returned;
(d) If the grievance is not returned to the grievant it will be forwarded to the grievance coordinator(s) in the appropriate branch office for resolution.
(10) Upon receipt of the grievance, the office against whom the grievance has been filed will investigate the grievance. That office will either take corrective action and notify the grievant or contact the grievant to explain why corrective action is not appropriate. Program Constituent Services will set time limits for the administrator to address the grievance, not to exceed 90 days from the date the grievance is received at DCS. The date received by Program Constituent Services will be considered to be the date the grievance is screened and accepted.
(11) Upon completion of grievance processing, the office against whom the grievance has been filed will send the grievance form to Program Constituent Services with a report of the grievance investigation and the disposition.
(12) Grievances that allege serious violations of personnel rules or standards of personal conduct, such as, but not limited to, allegations of racial or sexual discrimination or sexual harassment, in which allegations are substantiated, will be removed from this grievance process and be part of the personnel process of the office against whom the grievance has been filed.
(13) A record of grievances and dispositions will be maintained by the Program for a period of three years.
(14) The administrator against whom a grievance has been filed will not discriminate against the grievant because a grievance has been filed.
(15) Performance reviews will include examination of the administrator’s compliance with these grievance procedures and an examination of grievances filed against the administrator and resolution to such grievances for the previous calendar year.

Source: Rule 137-055-1600 — Child Support Program Participant Grievance, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-1600.

137–055–1010
Applicability of Rules in OAR 137, Division 55 137–055–1020
Child Support Program Definitions 137–055–1040
“Party Status” in Court and Administrative Proceedings 137–055–1060
Uniform Application for Child Support Enforcement Services 137–055–1070
Provision of Services 137–055–1080
Fees 137–055–1090
Good Cause 137–055–1100
Continuation of Services 137–055–1120
Case Closure 137–055–1140
Confidentiality of Records in the Child Support Program 137–055–1160
Confidentiality — Finding of Risk and Order for Nondisclosure of Information 137–055–1200
Use of Social Security Number by the Child Support Program 137–055–1320
Access to FPLS for Purposes of Parentage Establishment 137–055–1360
Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes 137–055–1500
Incentive Payments 137–055–1600
Child Support Program Participant Grievance 137–055–1700
Division of Child Support as Garnishee — Service of Writ 137–055–1800
Limited English Proficiency 137–055–2020
Case Assignment 137–055–2045
Spousal Support 137–055–2060
Cases with Contradictory Purposes 137–055–2080
Office Responsible for Providing Services when Conflict of Interest 137–055–2100
Process Service 137–055–2120
Rules for Contested Case Hearings in the Child Support Program 137–055–2140
Delegations to Administrative Law Judge 137–055–2160
Requests for Hearing 137–055–2165
Requests to Reschedule Hearing 137–055–2170
Use of Lay Representatives at Administrative Hearings 137–055–2180
Reconsideration and Rehearing 137–055–2320
Requirement for Services — Obligor Bankruptcy Situations 137–055–2340
Obligor Bankruptcy Situations in General 137–055–2360
Obligor Chapter 7 and Chapter 11 Bankruptcy Situations 137–055–2380
Obligor Chapter 12 and Chapter 13 Bankruptcy Situations 137–055–3020
Paternity Establishment Procedures 137–055–3040
Temporary Order for Support 137–055–3060
Establishing Paternity in Multiple Alleged Father Cases 137–055–3080
Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father 137–055–3100
Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing 137–055–3120
Changing Child’s Surname on Birth Certificate When Paternity Established 137–055–3140
Reopening of Paternity Cases 137–055–3200
Pending Judicial Proceedings and Existing Support Orders 137–055–3220
Establishment of Past Support Orders 137–055–3240
Establishment of Arrears 137–055–3260
Correction of Mistakes in Orders 137–055–3280
Administrative Law Judge Order Regarding Arrears 137–055–3290
Entry of Contingency Orders When Child Out of Care 137–055–3300
Incarcerated Obligors 137–055–3360
Entering of Administrative Orders in the Register of the Circuit Court 137–055–3400
District Attorney Case Assignment for Modification or Suspension of Support 137–055–3410
Notice and Finding of Financial Responsibility or Modification 137–055–3420
Periodic Review and Modification of Child Support Order Amounts 137–055–3430
Substantial Change in Circumstance Modification of Child Support Order Amounts 137–055–3435
Physical Custody Changes: Adjusting Orders 137–055–3440
Effective Date of Modification Under ORS 25.527 137–055–3460
Processing Modifications When Unable to Find the Obligee 137–055–3480
Modification of a Support Order to Zero or Termination of a Support Order 137–055–3485
Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age 137–055–3490
Suspension of Enforcement 137–055–3495
Redirection of Support 137–055–3500
Joinder of a New Party to a Child Support Proceeding 137–055–3620
Administrative Subpoena 137–055–3640
Enforcement of a Subpoena by License Suspension 137–055–3660
Multiple Child Support Judgments 137–055–3665
Multiple Child Support Judgments — Multiple Obligees 137–055–4040
New Hire Reporting Requirements 137–055–4060
Income Withholding — General Provisions, Requirements and Definitions 137–055–4080
Exceptions to Income Withholding 137–055–4130
Reduced Income Withholding 137–055–4160
Contested Income Withholding 137–055–4210
Withholder Penalties 137–055–4300
Support Enforcement by Methods Other than Income Withholding 137–055–4320
Collection of Delinquent Support Obligations Through the Oregon Department of Revenue 137–055–4340
Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury 137–055–4420
License Suspension for Child Support 137–055–4440
Liens Against Personal and Real Property 137–055–4450
Expiration and Release of Judgment Liens 137–055–4455
Expiration of Support Judgment Remedies 137–055–4460
Posting Security Bond or Other Guarantee of Payment of Overdue Support 137–055–4500
Financial Institution Data Match — Reasonable Fee 137–055–4510
Financial Institution Data Matches – Insurance Claims 137–055–4520
Garnishment 137–055–4540
Passport Denial and Release 137–055–4560
Consumer Credit Reporting Agencies 137–055–4620
Enforcing Health Care Coverage and Cash Medical Support 137–055–4640
Medical Support Notice — Plan Selection 137–055–5025
Payment of Child Support to an Escrow Agent 137–055–5030
Receipting of Support Payments 137–055–5035
Payment by Electronic Funds Transfer 137–055–5040
Accrual and Due Dates 137–055–5045
Inconsistent Provisions: Body of Order and Support or Money Award 137–055–5060
Billings for Support Payments 137–055–5080
Adding Interest 137–055–5110
Child Attending School 137–055–5120
Child Attending School — Arrears 137–055–5220
Satisfaction of Support Awards 137–055–5240
Credit for Support Payments not made to the Department of Justice 137–055–5400
Obligor Receiving Cash Assistance, Presumed Unable to Pay Child Support 137–055–5510
Request for Credit Against Child Support Arrears for Physical Custody of Child 137–055–5520
Request for Credit Against Child Support Arrears for Social Security or Veterans’ Benefits Paid Retroactively on Behalf of a Child 137–055–6010
Definitions for Distribution and Disbursement 137–055–6020
Disbursement by Electronic Funds Transfer/Electronic Data Interchange 137–055–6021
Allocation, Distribution, and Disbursement: General Provisions 137–055–6022
Distribution and Disbursement 137–055–6023
Exceptions to Allocation, Distribution, and Disbursement 137–055–6024
Allocation of Collections to Multiple Cases 137–055–6026
Payment Holds 137–055–6040
Right to Hearing to Contest Amount of Assigned Support 137–055–6120
Satisfaction of Arrears for Less Than Full Payment 137–055–6200
Adjusting Case Arrears When an Error is Identified 137–055–6210
Advance Payments of Child Support 137–055–6220
Recovery of Overpayments and Collection of Receivable Accounts 137–055–6240
Dishonored Payments on Support Accounts 137–055–6260
Return of Payments to Obligor or Other Jurisdiction 137–055–6280
Refund of Improper Tax Refund Collection 137–055–7040
Central Registry 137–055–7060
Initiating Jurisdiction Responsibilities – General Provisions 137–055–7100
Interstate Income Withholding 137–055–7120
Responding Jurisdiction Responsibilities – General Provisions 137–055–7140
Oregon as Responding Jurisdiction – Establishing Paternity 137–055–7180
Determining Controlling Order 137–055–7190
Review and Modification In Intergovernmental Cases
Last Updated

Jun. 8, 2021

Rule 137-055-1600’s source at or​.us