What is the OAH Pro Se Process?
OAH Pro Se Process is for setting a hearing with the Office of Administrative Hearings (OAH), and completing the final order.
- Customer obtains packet as described below.
- Customer completes packet and returns to the district office for filing.
- Customer receives file-stamped copies of pleadings and Order for Hearing with the hearing date.
- Customer serves other parties and sends notice of proceeding to district office.
- Parties appear at hearing and enter agreed order or go before the Administrative Law Judge (ALJ) for hearing.
- Child Support Services (CSS) staff prepares a final order.
- Final order is entered by OAH and docketed in district court by district office.
Where can a customer get the packet?
Customer can go to the DHS website or through the CARE call center @ (405)522-2922 to get the packet. District offices may also choose to distribute them to customers upon request.
How do customers find an OAH number for the packet?
- Customer calls CARE.
- If there is an OAH number assigned, CARE will provide the customer the OAH number.
- If there is no OAH number on OSIS, CARE will forward a follow-up message to the Center for Customer Service (CCS) at CSS State Office (STO).
- CCS researches to see if there is an established OAH number.
- CCS requests an OAH number if one has not already been established.
- CCS will contact the customer and provide the OAH number.
- No district office involvement is required for this step. If the district office receives a direct inquiry from the customer, staff may handle the inquiry themselves or refer to CCS.
Where does the customer return the packet when it is complete?
Customers return the packet, by mail or in person, to the child support office where the case is assigned for filing.
Can a District Office file a pro se packet on behalf of a customer?
Yes. At the child support office, CSS staff will complete the papers with a court date, time, and location, file the forms, and return them to the customer. CSS staff can return them by:
- Asking the customer to wait while the papers are filed
- Ask for customer’s contact information and have them pick up the forms once they are filed, or
- Mail the papers back to you
District Office sets hearing date:
- District Office staff or the assigned ALJ choose a hearing date on the office’s available dockets.
- District Office staff or the ALJ complete the customer’s Notice of Hearing.
- District Office staff return the completed Notice of Hearing to the customer with the other documents in the packet.
Is the packet available in a language other than English?
Not at this time.
What is the role of CSS staff when a Pro Se pleading is filed?
The role of CSS staff is no different from any other case where CSS has an interest. Just as in a private filing, the CSS attorney would review the motion, ensure all jurisdictional requirements are met and respond as necessary. The case should be treated as any other case on the docket.
Can CSS staff assist customers in filling out the initial paperwork and getting the packet filed?
OAC 340:25-1-1.2(a)(4)(B) states that CSS “assists pro se customers in completing available CSS self-help forms upon request.” Staff are instructed to provide “whatever assistance is necessary for customers to complete CSS self-help forms, including, but not limited to:
- Reading the forms and instructions to the customer;
- Filling out forms per the customer’s directions; and
- Providing information the customer needs to complete the packet” OAC 340:25-1-1.2 ITS 1(A).
CSS staff is instructed not to provide legal advice to customers. OAC 340:25-1-1.2 ITS 1(B). If the customer requires legal advice to complete the packet, customers can be directed to community legal resources for help in completing the paperwork.
What if the customer asks for the other party’s address of record?
Refer the customer to the address of record disclosure process. If the address of record is the same as the address in the last court order, staff can convey that information. Otherwise, staff should give the customer the address of record disclosure forms. This information is included in the instruction portion of the packet.
Can CSS object to the Pro Se pleading?
Yes, if the pleading is not legally sufficient (e.g., our information shows no material change of circumstances) or if there are other defects in the pleadings (such as a lack of jurisdiction).
Does CSS need to appear and participate at a hearing on a Pro Se pleading?
Yes. We are a necessary party in these cases. CSS staff must participate in the proceeding. If the case goes to hearing, a State’s Attorney must attend and participate in the hearing. The State’s Attorney must sign off on the final order. These cases should not be treated any differently than other cases on the docket.
What impact does the filing of a Pro Se pleading have on existing actions?
The impact of Pro Se Motion to Modify on existing court actions will be at the discretion of the State’s Attorney and the ALJ or district court judge. For example, if a contempt proceeding is ongoing when the customer files the Pro Se Motion to Modify, the State’s Attorney may decide to put the contempt proceeding on hold pending the outcome of the modification.
What screens need to be updated when a Pro Se packet is received?
- HEARA/HEARL/HEARU should be updated with the hearing information so that the predictive dialing will work to notify parties of the court date.
- Case log should be updated to reflect that the pro se packet was submitted and is set on the docket.
- If the Pro Se pleading is a Motion to Modify, OBLRV should be updated with the date the office receives notice of filing from the customer. This screen also needs to be updated with who requested the action.
- After the action is complete, the office should follow normal court follow-up procedures to update the order information.
Please contact the OCSS.ProSe/ProBono PIT with any questions.