No. 38836 (5-year Review): Rule R527-40. Retained Support

DAR File No.: 38836
Filed: 09/03/2014 04:14:56 PM

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-1-111 gives the Department of Human Services (DHS) and 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. Under Section 62A-11-307.1, an obligee whose rights have been assigned must immediately deliver payments received by the obligor directly to ORS. If an obligee fails to follow these procedures, ORS may recover the assigned support that has been inappropriately retained by the obligee pursuant to Section 62A-11-307.2. This rule was adopted to provide a clear definition of "retained support" and to explain when the $50 pass-through payment would be appropriate for credit on support payments that were retained by the obligee. Section 62A-11-304.1 authorizes ORS to direct an obligor or other payor to change the payee of support to ORS if there has been an assignment of rights, upon providing notice to the obligor and obligee.

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 continue because the laws and policies dealing with retained support are still in effect and the rule gives essential clarification, procedures and explanation relating to the laws and policies. Recovery of assigned support is essential to reimburse the state for funds spent on the family.

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:

• Andrew Clement at the above address, by phone at 801-741-7434, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Effective:

09/03/2014

Authorized by:

Liesa Stockdale, Director

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