No. 37229 (Amendment): Rule R527-38. Unenforceable Cases

(Amendment)

DAR File No.: 37229
Filed: 01/25/2013 08:15:34 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to delete the requirement to access a credit bureau report within the past six months criteria found in Subsection R527-38-2(1)(g).

Summary of the rule or change:

This change deletes Subsection R527-38-2(1)(g).

State statutory or constitutional authorization for this rule:

• 5 CFR 303.11
• Section 62A-11-107
• Section 62A-1-111

Anticipated cost or savings to:

the state budget:

There will be a savings to the state budget because the Office of Recovery Services/Child Support Services (ORS/CSS) will no longer request a credit bureau report prior to closing a case as "uncollectable." While the exact savings for this change is not known, ORS/CSS can estimate it based on the cost of an individual report and the number of cases potentially closed each year using these procedures. During the last 12 months, 757 reports were requested for this purpose at a total cost of $1.50 per report: 757 X $1.50 = $1,135.50. Prospectively, each of these reports would require service of a notice ten days in advance of the credit bureau report being requested; the minimum possible service cost would be for certified mail at the 2013 rate of $5.75 per notice: 757 X 5.75 = $4,352.75. At the minimum, one hour of state employee time would be required for each report to prepare the advance notice, monitor service, and run the credit bureau report at an average employee hourly rate of $19.77: 757 X $19.77 = $14,965.89. Therefore, the annual savings to the state budget is estimated at $20,454.14.

local governments:

Administrative rules of ORS/CSS do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment.

small businesses:

This rule will not affect small businesses; the change to the rule will only affect ORS/CSS.

persons other than small businesses, businesses, or local governmental entities:

There are no costs for any other individual because the change to the rule only affects current internal procedures within the ORS/CSS.

Compliance costs for affected persons:

There are no costs as the change to this rule only affects current internal procedures within ORS/CSS.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are not costs for businesses because the change to the rule only affects current internal procedures within the ORS/CSS.

Palmer Depaulis, Executive Director

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:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Liesa Corbridge, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-38. Unenforceable Cases.

R527-38-1. Authority and Purpose.

1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111 and 62A-11-107.

2. The purpose of this rule is to establish the criteria which a support case must satisfy to be categorized as unenforceable pursuant to 45 CFR 303.11.

 

R527-38-2. Unenforceable Case Criteria.

1. All of the following criteria must be met for a support case to be categorized as unenforceable:

a. The case is currently not a paying case; in that payments shall not have been posted to the case during the last 12 months; and payments are not expected to be posted in the near future.

b. No federal offset money has been received by the Office of Recovery Services (ORS) during the last two years.

c. No state tax money shall have been received by ORS within the most recent two years.

d. ORS shall have collected $1,000 or less on the case over the last two years by methods other than federal offset or state tax.

e. There are no financial institution accounts belonging to the non-custodial parent that can be attached.

f. No executable assets belonging to the non-custodial parent have been identified.

g.[ A credit bureau report has been accessed within the past six months indicating income or asset information is unavailable.

h.] If the matter concerns a Title IV-E case, all of the children identified as being part of the case shall have been emancipated or parental rights shall have been terminated.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [July 13, 2009]2013

Notice of Continuation: July 28, 2009

Authorizing, and Implemented or Interpreted Law: 45 CFR 303.11; 62A-1-111; 62A-11-107

 

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