No. 31562 (Amendment): R527-255. Substantial Change in Circumstances

DAR File No.: 31562
Filed: 06/13/2008, 03:38
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is to add the department and office authority for creating, amending, and enforcing administrative rules. The reference to the Utah Code was also changed due to the recodification of Title 78 from H.B. 78. (DAR NOTE: H.B. 78 (2008) is found at Chapter 3, Laws of Utah 2008, and was effective 02/07/2008.)

Summary of the rule or change:

The change is to add an authority and purpose section to the existing rule. Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. A purpose section was added to provide specific information as to why the rule was created in regards to a substantial change in circumstances when requesting a review and adjustment. In addition, citations within this rule were updated due to the recodification of Title 78.

State statutory or constitutional authorization for this rule:

Sections 62A-11-107, 62A-11-320.5, 62A-11-320.6, 78B-12-217, and 78B-12-218

Anticipated cost or savings to:

the state budget:

The propose changes to the rule are for clarification purposes only and do not affect the current procedures. There is no anticipated change in cost or savings due to this amendment.

local governments:

There is no anticipated change in cost or savings due to this amendment since administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.

small businesses and persons other than businesses:

There will be no financial impact for small businesses due to the amendment of this rule since the basic requirements of the current rule will not change.

Compliance costs for affected persons:

There will be no change in compliance costs due to this amendment since the procedures are not changing with the amendment of the current rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

Businesses are not addressed in the rule or in the proposed changes, and it is not anticipated that the changes will create any fiscal impact on them. Lisa-Michele Church, Executive Director

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 Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2008

This rule may become effective on:

08/07/2008

Authorized by:

Mark Brasher, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-255. Substantial Change in Circumstances.

R527-255-1. Authority and Purpose.

1. The Office of Recovery Services is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

2. The purpose of this rule is to provide information about when a parent can request a review of the child support amount when a support order is less than three years old, and to identify what must be included for a request for review to be complete. The rule also defines when a change in circumstance is considered temporary or permanent.

 

R527-255-2. Request for Review based on Substantial Change in Circumstances.

1. A parent may request a less than three year review of a support order based on an alleged substantial change in circumstances. For the request to be complete, the parent must provide documentation of the alleged change at his/her own expense.

 

R527-255-3. Duration of the Change in Circumstances.

[2.]1. If the change in circumstances is projected to be temporary, defined as less than 12 months in duration, the office shall not initiate proceedings to adjust the award.

[3.]2. If the change in circumstances is projected to be long term or permanent, defined as 12 months or more in duration, the office shall initiate proceedings to adjust the award pursuant to Sections [78-45-7.2 through 78-45-7.21]78B-12-217 and 78B-12-218.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [March 14, 2005]2008

Notice of Continuation: September 4, 2007

Authorizing, and Implemented or Interpreted Law: 62A-11-107; [78-45-7.2 through 78-45-7.21]78B-12-217 and 78B-12-218; 62A-11-320.5; 62A-11-320.6