No. 41209 (5-year Review): Rule R527-330. Posting Priority of Payments Received

DAR File No.: 41209
Filed: 01/23/2017 11:12:10 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:

This rule is enacted under Section 62A-11-107, which authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules necessary to appropriately carry out its duties. This rule enables ORS to establish a system for posting payments received when the non-custodial parent has not given instructions or made arrangements for the posting of payments when more than one case is involved. It also clarifies that ORS must first apply support payments to current support obligations before applying them to past-due support debts.

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 during and 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 requires an organized approach to dealing with support payments paid to ORS and makes distribution to current support the first priority so that when payments are made, families not receiving IV-A cash assistance from the state can expect to receive financial support for their current family needs. The rule also allows an obligor with more than one case to indicate an intention to credit a payment to a particular case. Finally, the rule allows the state to recover money that has been expended in IV-A cash assistance to families and specifies that arrears owed to the family will be paid before arrears owed to the state. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]
• Scott Weight at the above address, by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Effective:

01/23/2017

Authorized by:

Liesa Stockdale, Director

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