No. 30396: R527-412. Intercept of Unemployment Compensation

DAR File No.: 30396
Filed: 09/05/2007, 01:37
Received by: NL

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:

Under Subsection 62A-11-107(8), the Office of Recovery Services (ORS) is given rulemaking authority as necessary to carry out its statutory responsibilities. Under Subsection 35A-4-103(5), the Department of Workforce Services is required to deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations. Section 62A-11-401 defines "immediate income withholding" and references Section 62A-11-103 which includes unemployment compensation benefits in the definition of "income". The rule references the income withholding criteria in Rule R527-300 (which unemployment compensation is subject to). It also references 15 U.S.C. 1673, the Consumer Credit Protection Act, which provides the exceptions to withholding 25% of the obligor's income and specifies the maximum percentage of income that may be withheld.

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

No written comments have been received.

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

The state and federal statutes under which this rule was enacted are still in effect. The rule clarifies that unemployment compensation benefits may be subject to garnishment if income withholding criteria do not apply, and it explains the conditions under which an obligor may volunteer to pay more than the percentage-of-benefits limits imposed by law. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division 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:

Liesa Corbridge at the above address, by phone at 801-536-8986, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director