No. 37164 (5-year Review): Rule R527-39. Applicant/Recipient Cooperation

DAR File No.: 37164
Filed: 01/02/2013 01:18:07 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-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-11-104 gives ORS the authority to determine whether an applicant or recipient of cash assistance or Medicaid is cooperating in good faith as required by Section 62A-11-307.2. Section 62A-11-307.2 specifies that unless a good cause or other exception applies, the applicant/recipient must cooperate in good faith and provide the name and other identifying information of the other parent. In addition, the applicant/recipient must supply additional necessary information and appear at interviews, hearings, and legal proceedings when it is necessary. When paternity needs to be established, the statute requires the applicant/recipient and the appropriate child to submit to genetic testing. Section 62A-11-307.2 requires ORS to determine and redetermine, when appropriate, whether a recipient has cooperated in establishing paternity or in establishing, modifying or enforcing a child support order. When a determination of non-cooperation is made, the statute requires ORS to provide notice to the applicant/recipient including information that the determination may be contested. This rule also describes the options available to an applicant/ recipient who wishes to contest a non-cooperation determination when a good cause or other exception does not apply. Additionally, this rule explains that if an applicant/recipient disagrees with the Decision and Order that is issued, the recipient may request a reconsideration within a certain time frame or petition the district court to review the order.

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 of the laws that require ORS to determine and redetermine whether an applicant or recipient of cash assistance or Medicaid is cooperating. The rule provides the office with the requirements that are necessary for the recipient/applicant to be considered cooperating. Also, this rule provides the applicant/recipient the additional option to contest a non-cooperation determination informally at the agency level rather than proceeding under the Utah Administrative Procedures Act or through the district court. In addition, the rule provides each progressive level of appeal.

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 Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director

Effective:

01/02/2013

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