No. 42391 (5-year Review): Rule R527-430. Administrative Notice of Lien-Levy Procedures

DAR File No.: 42391
Filed: 12/15/2017 10:50:33 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-11-304.1 authorizes ORS to implement liens and levies (attach and seize) to satisfy past-due support, subject to the obligor's right to contest the lien-levy action, and the amount claimed to be past due. The statute permits ORS to attach and seize the assets of an obligor held in financial institutions. The statute further permits ORS to attach and seize public and private retirement funds if the obligor is receiving periodic payment or has the authority to make withdrawals from the retirement account.

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 is based on Section 62A-11-304.1, which is still in effect and the lien-levy procedures described in this rule are reflected in current ORS policy and procedures. This rule establishes procedures regarding the release of funds to an unobligated spouse when the unobligated spouse is a co-owner of a financial account or joint-recipient of certain non-means tested payments and contests a lien-levy action upon any of those assets. Therefore, this rule should be continued.

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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