No. 37303 (5-year Review): Rule R527-260. Driver License Suspension for Failure to Pay Support

DAR File No.: 37303
Filed: 02/14/2013 08:40:19 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:

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 authorized by Section 62A-11-601, which is known as the Administrative License Suspension Child Support Enforcement Act. Section 62A-11-603 authorizes ORS to suspend a non-custodial parent's (NCP) driver license if the NCP is delinquent on a child support obligation. In addition, the law provides notification requirements for this action as well as providing an informal adjudicative proceeding, which allows the NCP to contest the suspension of his driver license. The statute also permits the office to enter into payment agreements with the NCP to pay current child support and arrears that are owed. Notification requirements to suspend or rescind an order are found in Section 62A-11-604.

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.

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

This rule is necessary to provide information regarding ORS's ongoing responsibilities with driver license suspension. The rule provides the office criteria for suspending the NCP's driver license suspension, as well as the notification requirements to the NCP by sending a Notice of Agency Action. The rule provides information for entering into a repayment agreement with the NCP as well as the outcome for compliance or failure to comply with the agreement. The rule provides the office requirement to have approval from the ORS/Child Support Services Supervisory Review Panel prior to suspending the NCP's driver license. In addition, the rule provides the procedures for rescission of the driver license suspension. Therefore, this rule should be continued.

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]

Authorized by:

Liesa Corbridge, Director

Effective:

02/14/2013

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