Alaska Department of Revenue CHILD SUPPORT SERVICES DIVISION

Frequently Asked Questions about Appealing CSSD Orders and Decisions

Table of Contents

1. How do I appeal an agency decision?
2. What agency decisions can be appealed to the Office of Administrative Hearings?
3. How do I appeal an agency decision to the Office of Administrative Hearings?
4. How much time do I have to request an appeal?
5. What can I do to help see that my request for formal hearing is processed timely?
6. Who will notify me of a hearing date?
7. What if I need to change the date for the hearing?
8. What actions do I appeal to Superior Court?

1. How do I appeal an agency decision?

The method used to appeal an agency decision depends on what action was taken. Many actions can be appealed by requesting an administrative review. This is basically asking for a reconsideration of the decision or action. If you disagree with the results of the administrative review, you can appeal to the Department of Revenue through the Office of Administrative Hearings or the Alaska Superior Court. See questions 2 and 8 to determine where to appeal the decision.

2. What agency decisions can be appealed to the Office of Administrative Hearings?

The following may be appealed to the Office of Administrative Hearings:

• A CSSD Administrative Support Order, which sets the monthly child support amount,
• A decision to vacate a default child support order or
• A decision related to the nondisclosure of personal information.
• The following cannot be appealed to the  Office of Administrative Hearings:
• Any notice which states that an “administrative appeal is not available” must be appealed to the Superior court.
• Disputes regarding the exercise of custody need to be filed in the Alaska Superior Court.
• Court orders cannot be appealed through CSSD.

3. How do I appeal an agency decision to the Office of Administrative Hearings?

The decision issued by CSSD includes an appeal form to the Office of Administrative Hearings . If you misplace the form provided, you may write your request for appeal as a letter and submit it to CSSD. Alaska Administrative Code requires you to clearly state the disputed issues and provide a brief summary of why you think the agency’s decision is incorrect. You must also provide any documents necessary to support your position.

4. How much time do I have to request an appeal?

A request for formal hearing must be sent to CSSD within 30 days from the date of the administrative review decision. In an appeal to the Superior Court, you must file your appeal directly with the court within 30 days from the date of the administrative review decision.

5. What can I do to help see that my request for formal hearing is processed timely?

Address your correspondence to MS 24 when you submit documents. Do not direct documents concerning your appeal to your regular caseworker.

6. Who will notify me of a hearing date?

The date for a formal hearing is set by the Office of Administrative Hearings. A hearing notice will be sent via certified mail from their office.

7. What if I need to change the date for the hearing?

You need to make your request directly to the Office of Administrative Hearings. The appropriate contact number is on your hearing notice.

8. What actions do I appeal to Superior Court?

If you disagree with a CSSD decision with no administrative appeal option, you can appeal directly to the Superior Court. Decisions made by an Administrative Law Judge through the administrative appeal process must also be appealed to the Superior Court.