No. 43682 (5-year Review): Rule R527-394. Posting Bond or Security

DAR File No.: 43682
Filed: 04/29/2019 02:23:58 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:

Sections 62A-1-111 and 62A-11-107 give the Office of Recovery Services/Child Support Services (ORS/CSS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. Section 62A-11-321 requires ORS/CSS to establish rules for determining when it is appropriate to seek a court order requiring a non-custodial parent to post a bond or provide other security for the payment of a support debt. Federal regulation, 45 CFR 303.104(c), requires each state to develop guidelines available to the public for determining when it is not appropriate to require a non-custodial parent to post security, bond, or some other guarantee of payment of overdue support. The criteria listed in this rule meet those requirements.

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 written comment has 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 continues to be necessary pursuant to state law and Federal regulation. Also, it helps ensure that ORS only takes legal action against a non-custodial parent to post a bond or other security when the appropriate circumstances warrant it. 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]
• Allyson Dopp at the above address, by phone at 801-741-7521, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]

Effective:

04/29/2019

Authorized by:

Liesa Stockdale, Director

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