No. 38551 (5-year Review): Rule R527-394. Posting Bond or Security

DAR File No.: 38551
Filed: 05/22/2014 10:25:14 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 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. Also, 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 for overdue support. Subsection 62A-11-321(1) requires ORS 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; Rule R527-394 satisfies this requirement.

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 should be continued because the federal regulation and state statutes under which this rule is enacted are still in effect. Also, the rule ensures that ORS only takes legal action against a non-custodial parent to post a bond or other security when the appropriate circumstances warrant it.

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:

05/22/2014

Authorized by:

Liesa Stockdale, Director

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