No. 38336 (5-year Review): Rule R527-275. Passport Release

DAR File No.: 38336
Filed: 03/06/2014 12:10:58 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. 22 CFR 51.60 states that the department may not issue a passport if the applicant has been certified by the Secretary of Health and Human Services as owing arrears of child support in an amount determined by statute. 22 CFR 51.70 details the time frames and restrictions as to when a person whose passport has been denied or revoked is entitled to a hearing and when the provisions are not applicable to an individual. Specific information concerning who conducts the hearings, who may appear and witnesses information are detailed in 22 CFR 51.71. 22 CFR 51.72 states that a complete verbatim transcript will be taken by a qualified reporter and that will be considered the record of the hearing. Information detailing the privacy of the hearing is listed in 22CFR 51.73. All of these federal regulations are incorporated in the rule by reference. Also, the rule defines the criteria ORS/CSS uses to determine if an individual's passport will be released.

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 since the rule became effective.

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 federal regulations that are incorporated by reference are still in effect and the rule is reflected in current policy, practices, and procedures of the ORS/Child Support Services (CSS). In addition, the rule informs the public of the criteria used by ORS/CSS to release a passport that has been previously denied.

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]

Effective:

03/06/2014

Authorized by:

Liesa Stockdale, Director

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