No. 30905: R527-430. Administrative Notice of Lien-Levy Procedures

DAR File No.: 30905
Filed: 01/14/2008, 02:45
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:

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 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 also permits ORS to intercept and seize the assets of an obligor held in financial institutions, and attach retirement funds if the obligor is receiving periodic payments 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:

No comments have been received since the previous five-year review of this rule.

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

Section 62A-11-304.1, upon which this rule is based, is still in effect and the lien-levy procedures described in the 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 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. Upon review of this rule, ORS recognizes that this rule needs to be amended to include the statutory authorization for rulemaking and it will be done soon.

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:

Shancie Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director