No. 42390 (5-year Review): Rule R527-302. Income Withholding Fees

DAR File No.: 42390
Filed: 12/15/2017 10:46:40 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 62A-11-107 gives the Office Of Recovery Services (ORS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. Section 62A-11-406 allows the payor of income to deduct a fee for income withholding in accordance with Rule 64D, Utah Rules of Civil Procedure. Section 78A-2-216 authorizes the payor of income to withhold a $25 fee for a continuing garnishment. This rule allows the payor of income to withhold a one-time $25 fee to offset the administrative costs it incurs to process the income withholding. In addition, this rule allows payors to deduct the entire $25 in the first month of withholding or to deduct the amount in monthly increments pursuant to Section 62A-11-406.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments received since the last five-year review of the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued because the statutes under which this rule is enacted are still in effect and the rule is reflected in current policy, practices, and procedures of the ORS/Child Support Services (CSS). This rule provides a payor of income (e.g., an employer) with the option to deduct from an employee/obligor's pay a one-time $25 income withholding fee in one lump sum or to deduct the amount in increments over a period of time. The fee is intended to defray the administrative costs a payor of income incurs to process an income withholding.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY, UT 84102-4211

Direct questions regarding this rule to:

• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]
• Scott Weight at the above address, by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Effective:

12/15/2017

Authorized by:

Liesa Stockdale, Director

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