No. 39947 (5-year Review): Rule R527-34. Non-IV-A Services

DAR File No.: 39947
Filed: 11/16/2015 08:02:13 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. Provisions found in Section 62A-11-104 require the office to provide child support services to those that are legally entitled to receive those services and requires that ORS collect money due the agency which could help offset state expenditures. The rule also summarizes the services available to recipients of Non-IV-A child support services, individuals not receiving case assistance who are otherwise eligible for child support services. 45 CFR 302.33 states that ORS must provide that an application fee will be charged for each individual who applies for services, that ORS shall collect the application fee from the individual or pay the application fee out of state funds, and that ORS may elect to recover any costs incurred in excess of any fees collected to cover administrative costs.

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 Non-IV-A services outlined in this rule are still provided by ORS. In addition, this rule incorporates 45 CFR 302.33 by reference, which is still in effect. This federal regulation addresses costs that a state may elect to recover for providing Non-IV-A services, and it is still necessary to specify the fees that ORS has elected to charge, or not charge, for child support services.

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:

• Casey Cole at the above address, by phone at 801-536-0360, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Effective:

11/16/2015

Authorized by:

Liesa Stockdale, Director

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