STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SANDRA A. LUDWIG, )

)

Petitioner, )

)

v. ) Case NO. 90-4480

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing in the above-styled matter was held on November 7, 1990, in Tampa, Florida, before Joyous D. Parrish, a Hearing Officer with the Division of Administrative Hearings. The parties were represented at the hearing as follows:

APPEARANCES

For Petitioner: Sandra A. Ludwig, pro se

3212 West Coachman Avenue Tampa, Florida 33611

For Department: Theodore J. Rechel

Law Offices of DONALD W. BELVEAL

100 West Kennedy Boulevard Suite 600

Tampa, Florida 33602 STATEMENT OF THE ISSUE

The central issue in this case is Petitioner's challenge to the notice of referral of alleged child support arrearages to a credit reporting agency.

PRELIMINARY STATEMENT

This case began on May 24, 1990, when the Petitioner filed a request for a hearing with regard to a notice from the Department which indicated that it intended to report arrearages allegedly owed by the Petitioner for child support to a credit reporting agency. The matter was forwarded to the Division of Administrative Hearings for formal proceedings on July 12, 1990.

At the hearing, the Department presented the testimony of Kristi Moran, a case analyst supervisor employed by the Department. The Department's exhibit 1 was admitted into evidence. Respondent presented the testimony of Judith Rouse.

A transcript of the hearing was filed on November 21, 1990. The Department filed a proposed order which has been considered in the preparation of this recommended order. The Petitioner has not filed a written proposal or argument. The parties were granted ten days from the filing of the transcript to file argument or citations of authority for their respective legal positions.

Specific rulings on the Department's proposed findings of fact are included in the appendix attached.

FINDINGS OF FACT

Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made:

1. The Petitioner is listed as the obligor for child support payments which are payable through the central governmental depository for Hillsborough County, Florida.

   
   

2. According to the records maintained by Hillsborough County, as of November 7, 1990, the Petitioner owes $4073.61 for back child support. Petitioner did not dispute the accuracy of that amount at the hearing nor did she object to the entry of the records establishing that amount.

   
   

3. Harold C. Ludwig, purportedly Petitioner's former husband who is also listed as the obligee to receive the child support payments from Petitioner, contacted the Department and requested assistance in connection with enforcing the court order authorizing child support. The Department has a contract with Mr. Ludwig and has searched the account history maintained by Hillborough County to determine the amount of arrearages owed by the Petitioner.

   
   

4. The Department has standing requests from credit agencies for information on child support accounts where the arrearage amount exceeds

   $500.00. Based upon the conclusion that Petitioner owed an amount in excess of

   $500.00, the Department preliminarily determined this account to be subject to disclosure and gave the Petitioner notice of its intent to release the information regarding her arrearage to the credit agencies which have requested the information.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings.

   
   

6. Section 61.1354, Florida Statutes, provides:

   
   

   1. Upon receipt of a request from a consumer reporting agency, the IV-D agency shall make available information relating to the amount

      of overdue support owed by an obligor when the amount exceeds $500.

   2. The IV-D agency shall give the obligor prior notice of the request from the consumer reporting agency and of the IV-D agency's intent to release the information relating to the amount of overdue support owed by the obligor. The obligor shall be informed of his

      right to request a hearing with the IV-D agency to contest the accuracy of the information.

      
      

7. In this case, the Department has established that, based upon court records, the Petitioner is the obligor for the payment of child support. The Petitioner has not contested the accuracy of the information to be released by the Department either as to the amount claimed to be owed or the obligation she has to make such payments. Instead, the Petitioner has argued that, as a matter of federal law, the Department may not release the information. Petitioner maintains that the Fair Credit Report Act (citation not made a part of this record) prohibits the Department from releasing this type of information under the circumstances of this case.

   
   

8. The purpose of these proceedings is to afford the Petitioner an opportunity to challenge the accuracy of the information proposed to be released by the Department. That purpose has been met. This forum does not have jurisdiction to enjoin the release of the information nor is it charged to resolve issues regarding the alleged conflicts between state. and federal law. To effect those results, Petitioner must look to a court of appropriate jurisdiction.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Health and Rehabilitative Services enter a final order denying Petitioner's challenge to the proposed agency action regarding the referral of child support arrearages to a credit reporting agency.

DONE AND ENTERED this 17 day of January, 1991, in Tallahassee, Leon County, Florida.

Joyous D. Parrish Hearing Officer

Division of Administrative Hearings

1230 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17 day of January, 1991.

APPENDIX TO CASE NO. 90-4480

RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE PETITIONER:

1. None submitted.

RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT:

1. Paragraphs 1 through 3 are accepted.

COPIES FURNISHED:

Theodore J. Rechel Law Offices of DONALD W. BELVEAL

100 West Kennedy Boulevard Suite 600

Tampa, Florida 33602

Sandra A. Ludwig

3212 West Coachman Avenue Tampa, Florida 33611

Linda K. Harris, Esquire Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Suite 407

Tallahassee, Florida 32399-0700

R.S. Power, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Suite 407

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this recommended order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this recommended order. Any exceptions to thin recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 90-004480

Orders for Case No: 90-004480