No. 41214 (5-year Review): Rule R527-412. Intercept of Unemployment Compensation

DAR File No.: 41214
Filed: 01/26/2017 02:28:53 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. This rule is enacted under Subsection 35A-4-103(5), which authorizes the Department of Workforce Services (DWS) to deduct and withhold money from an individual's unemployment compensation benefits when that individual owes child support obligations. This rule outlines the criteria used to determine if unemployment compensation is subject to income withholding and clarifies that such withholding is subject to Section 303(b) of the Consumer Credit Protection Act (15 U.S.C. Section 1643), which provides the exceptions to withholding 25% of the obligor's income and specifies the maximum percentage of income that may be withheld.

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 for this rule since the last five-year review.

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 laws authorizing income withholding to collect child support from unemployment compensation benefits are still in effect, as are the laws defining the limits of what can be withheld from such benefits.

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:

• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• 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]

Effective:

01/26/2017

Authorized by:

Liesa Stockdale, Director

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