No. 36351 (5-year Review): Rule R527-330. Posting Priority of Payments Received

DAR File No.: 36351
Filed: 06/12/2012 11:46:27 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:

This rule is enacted under Section 62A-11-107, which authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules necessary to appropriately carry out its duties. This rule enables ORS to establish a system for posting payments received when the non-custodial parent has not given instructions or made arrangements for the posting of his/her payments when more than one case is involved. It also clarifies that ORS must first apply support payments to current support obligations before applying them to past-due support debts.

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 during or since the last five-year review.

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

This rule requires an organized approach to dealing with support payments paid to ORS and makes current support the first priority for payments not designated by the non-custodial parent, so when payments are made, families not receiving IV-A case assistance from the State can expect to receive financial support for their current family needs. It also allows the state to recover money that has been expended in IV-A cash assistance to families. 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 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director

Effective:

06/12/2012

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