No. 39948 (5-year Review): Rule R527-35. Non-IV-A Fee Schedule

DAR File No.: 39948
Filed: 11/16/2015 08:03:49 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 pursuant to Title 62A, Chapter 11. Provisions found in Section 62A-11-104 require the office to collect money due the agency which may help offset state expenditure. 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. This rule provides the schedule of fees that ORS may charge recipients of child support services who are not receiving financial assistance or Medicaid.

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 fees outlined in this rule that are charged for the Non-IV-A services provided by ORS are still in effect. In addition, this rule incorporates 45 CFR 302.33 by reference, which is still in effect, and addresses the costs that a state may elect to recover for providing Non-IV-A services. The fees listed in this rule are not specified in the federal regulations or in the authorizing state statute.

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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