No. 32159 (Repeal and Reenact): R527-5. Release of Information

DAR File No.: 32159
Filed: 11/24/2008, 01:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed and reenacted to update the renumbering of the Government Records Access and Management Act (GRAMA) (Title 63G, Chapter 2), to add the office's legal authority for rulemaking, and to update the rule.

Summary of the rule or change:

All citations to GRAMA (Title 63G, Chapter 2) have been updated to reflect the renumbering of GRAMA. A subsection has been added to Section R527-5-1 to provide the office's rulemaking authority. The Location and Collection System (LCS) definition has been deleted from Section R527-5-2. The office's address information has been updated in Section R527-5-3. The instructions for appeal have been clarified in Section R527-5-4. References to records not maintained by the Office of Recovery Services (ORS) have been deleted from Section R527-5-6. Sections R527-5-7, R527-5-8, and R527-5-9 have been simplified to refer to the terms in Utah Code. Section R527-5-10 has been updated to reflect current procedures for record access fees. The keywords have also been updated to better reflect the subject of the rule, and the citations for interpreted law have been updated to reflect renumbering and updates to statute.

State statutory or constitutional authorization for this rule:

Sections 62A-11-107 and 62A-11-304.4, Title 63G, Chapter 2, and 42 USC 654(26)

Anticipated cost or savings to:

the state budget:

No costs or savings are anticipated because no additional processes or requirements have been created.

local governments:

ORS administrative rules do not have impact on local governments. No costs or savings are anticipated for local governments.

small businesses and persons other than businesses:

No costs or savings are anticipated because no additional processes or requirements have been created.

Compliance costs for affected persons:

ORS does not generally charge fees to access records. Compliance costs for this rule would only include nominal costs to submit a written request to the office in order to obtain records such as the cost of a piece of paper, envelope, and the postage to send the request, if sent by mail.

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

This rule does not address or regulate businesses and no impacts to businesses are anticipated from this rule. 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:

Kenneth Ransom or Catherine Taylor at the above address, by phone at 801-536-8948 or 801-536-8929, by FAX at 801-536-8509 or 801-536-8509, or by Internet E-mail at [e-mail] or [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:

01/14/2009

This rule may become effective on:

01/21/2009

Authorized by:

Mark Brasher, Director

RULE TEXT

R527. Human Services, Recovery Services.

[R527-5. Release of Information.

R527-5-1. Statutory Authority.

The Office of Recovery Services' case information has been classified in accordance with Title 63, Chapter 2, the Government Records Access and Management Act (GRAMA).

 

R527-5-2. Definitions.

1. "LCS" means Location and Collection System, a national database maintained and controlled by the Federal Office of Child Support Enforcement (OCSE) within the Department of Health and Human Services (HHS), Administration for Children and Families (ACF). It contains several subsystems including "FPLS" (Federal Parent Locator Service), "NDNH" (National Directory of New Hires), and the Tax Refund/Administrative Offset program which has been expanded from the former Federal Tax Offset Program.

2. Terms used in this rule, other than LCS and FPLS, are defined either explicitly in section 63-2-103 or implicitly in the text of subsection 63-2-201(3)(b).

3. "Restricted", as used in subsection 63-2-201(3)(b), refers to records to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation, including records for which access is governed or restricted as a condition of participation in a state or federal program or for receiving state or federal funds. "Restricted" is not considered a GRAMA classification and restricted information is not subject to the procedures for access and disclosure outlined in GRAMA.

 

R527-5-3. Request for Release of Information.

1. Written requests for information governed by GRAMA shall be submitted in accordance with section 63-2-204 to the appropriate ORS office that maintains the record:

A. OFFICE OF RECOVERY SERVICES

ATTN: GRAMA

P.O. BOX 45011

515 East 100 South

Salt Lake City, Utah 84145-0011.

B. OFFICE OF RECOVERY SERVICES

ATTN: MSG UNIT/GRAMA

523 Heritage Blvd., Suite 1

Layton, Utah 84041

C. OFFICE OF RECOVERY SERVICES

ATTN: MSG UNIT/GRAMA

2540 Washington Blvd.

Ogden, Utah 84401.

D. OFFICE OF RECOVERY SERVICES

ATTN: MSG UNIT/GRAMA

150 East Center St.

Provo, Utah 84606.

E. OFFICE OF RECOVERY SERVICES

ATTN: MSG UNIT/GRAMA

1088 South Highway 89

Richfield, Utah 84701.

F. OFFICE OF RECOVERY SERVICES

ATTN: MSG UNIT/GRAMA

168 North 100 East

St. George, Utah 84770.

2. Written requests for expedited release of information in accordance with section 63-2-204 shall be submitted to:

A. OFFICE OF RECOVERY SERVICES

ATTN: GRAMA

515 East 100 South

P.O. Box 45011

Salt Lake City, Ut. 84145-0011

 

R527-5-4. Appeal of Denial of Request for Release of Information.

A request to appeal the denial to access a record governed by GRAMA shall be submitted in accordance with Section 63-2-401 to:

1. the Director of the Office of Recovery Services for records maintained by Financial Services, Management Services, or ORSIS;

2. the Regional Director of the Bureau of Investigations and Collections (BIC) in charge of the BIC team that maintains the record;

3. the Regional Director of Child Support Services (CSS) in charge of the CSS team that maintains the record;

4. the Regional Director of the Bureau of Collections for Children in Care (CIC) in charge of the CIC team that maintains the record; or,

5. the Regional Director of the Bureau of Medicaid Collections (BMC) in charge of the BMC team that maintains the record.

 

R527-5-5. Public Information.

1. In accordance with Utah Code Section 63-2-201 et.seq., information that is not classified as private, controlled, protected or restricted is public information.

2. In accordance with Utah Code Section 63-2-306, a record may be classified or reclassified after the record has been requested.

 

R527-5-6. Private Information.

1. Private records include the following:

a. information obtained from the Department of Workforce Services;

b. records concerning an individual's eligibility for unemployment insurance benefits;

c. any information, including the social security number, about a IV-D applicant for or recipient of child support services or a recipient of IV-A, Medicaid and Food Stamps assistance;

d. any information, including the social security number, about the children of a IV-D applicant for or recipient of child support services or a recipient of IV-A, Medicaid and Food Stamps assistance;

e. the income of the obligee and the obligor;

f. any information accessed about the obligor or obligee from a state automated database including:

(i.) records concerning occupational and professional licenses;

(ii.) ownership and control of business entities; and

(iii.) records received from the state new hire registry;

g. records containing data on individuals describing medical history, diagnosis, condition, treatment, evaluation or similar medical data; and

h. information about state employees, former employees and applicants, except as provided for in 63-2-302.

2. Private records may be disclosed when:

a. disclosure is required by other statutes;

b. disclosure is for purposes directly connected with any investigation, prosecution, or criminal or civil proceeding conducted in connection with Utah's child support enforcement plan and all other programs administered by the Office of Recovery Services;

c. the applicant or recipient has agreed in writing to the release of social security numbers;

d. an obligor's attorney or the obligor acting pro se needs the obligee's address in order to serve legal process as the result of a judicial action to establish or modify an order or judgment for bona fide child support, spousal support, medical support, or child care. This information may not be disclosed if the obligee has requested that case information be safeguarded;

e. income information is needed to establish a support order or review a support order for possible modification. This information may only be released to the court or administrative Presiding Officer, the other party or the other party's authorized representative;

f. the obligor's social security number is needed by certain governmental entities, including law enforcement agencies and certain state agencies and;

(i.) the requesting entity enforces, litigates or investigates civil, criminal or administrative law and the record is necessary to a proceeding or investigation; or

(ii.) the requesting entity is one that collects information for pre-sentence, probationary or parole purposes.

g. A governmental agency provides written assurance that the record is necessary to the governmental entity's duties and functions and will be used for a purpose similar to the purposes for which ORS collected or obtained the information and that the record use produces a public benefit outweighing the individual privacy right protecting the record;

h. The name of the obligor's employer may be released to the obligee if the information is necessary for the obligee to file a health insurance claim;

i. the obligor's address may be released to the obligee in locate only cases in which the obligee has not applied for child support enforcement, but has only applied for locate services as described in R527-069; or

j. the obligor needs to be served with legal process as the result of a judicial action that has been initiated by the obligee pro se or obligee's attorney to establish or modify an order or judgment for bona fide child support, spousal support, medical support, or child care. This information may not be disclosed if the obligor has requested that case information be safeguarded.

3. A private record shall be disclosed in accordance with the requirements of Utah Code Section 63-2-202.

 

R527-5-7. Controlled Information.

1. A record is controlled if it meets the requirements of Utah Code Section 63-2-303.

2. In accordance with Utah Code Section 63-2-202, and for purposes of this rule, a governmental entity shall disclose a controlled record to:

a. a physician, psychologist, certified social worker, insurance provider or agent, or a government public health agency upon submission of a release from the subject of the record that is dated no more than 90 days prior to the date the request is made and a signed acknowledgment of the terms of disclosure of controlled information; and

b. any person to whom the record must be disclosed pursuant to court order.

 

R527-5-8. Protected Information.

1. A record is protected if it meets the requirements of Utah Code Section 63-2-304.

2. In accordance with Utah Code Section 63-2-202, and for purposes of this rule, a governmental entity shall upon request disclose a protected record to:

a. the person who submitted the record;

b. any other individual who:

(i.) has a power of attorney from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification; or

(ii.) who submits a notarized release from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification or from their legal representatives dated no more than 90 days prior to the date the request is made; or

c. any person to whom the record must be provided pursuant to a court order.

 

R527-5-9. Restricted Information.

1. Information received from the LCS shall be considered restricted in all ORS cases and may be used to locate individuals for the purpose of establishing paternity or securing financial and medical child support, or in cases involving parental kidnapping or child custody and visitation determinations, and for no other purpose. If the information has been safeguarded, it may not be used except as required by court order.

a. To pursue access to FPLS information for the purpose of establishing or enforcing a child custody or visitation order, a parent or legal guardian must:

i. petition a court with proper jurisdiction to submit a request to the Office of Recovery Services (ORS) to access the LCS on behalf of the parent or legal guardian; and,

ii. serve a copy of the petition upon the Office of the Attorney General, Child and Family Support Division.

If the court subsequently determines the request to be appropriate, it should identify both parties' names and social security numbers (if known), the children's names, and send the request to the Utah IV-D Director, ORS, Attn: FPLS Request, P.O. Box 45011, Salt Lake City, Utah 84145-0011.

2. Information received from the Internal Revenue Service (IRS) shall be considered restricted and may be used to establish, modify or enforce a child support obligation, and to locate individuals owing child support, but for no other purpose.

3. Information received from data matches with financial institutions describing the parent's finances, assets or liabilities shall be considered restricted and may only be used to establish, modify or enforce a child support obligation. If the information has been safeguarded, it may not be used except as required by court order.

4. Information received from the Utah State Tax Commission (USTC) concerning a taxpayer shall be considered restricted and may only be used if the taxpayer has become obligated to ORS. ORS may provide the information to any other state child support agency involved in enforcing the obligation.

 

R527-5-10. Fees.

1. ORS will provide requested records without a charge unless:

a. The request is for records which require compiling and reporting in another format. A fee of $25 per hour may be charged, or $50 per hour if the request requires programmer/analyst assistance;

b. The request is for an entire policy manual. The charge for a policy manual is $75. As provided for in Utah Code Section 63-2-203, a courtesy copy will be provided at no charge to community advocacy groups/agencies.

c. The request is a repeat request by the same requester for information already provided within the last three months.

2. When fees are charged, the fee will be $.25 per side of sheet, plus any applicable actual postage costs.

 

R527-5-11. Request to Amend a Record.

Written requests to contest the accuracy or completeness of a public, private, or protected record shall be submitted in accordance with 63-2-603 to the appropriate ORS office that maintains the record as listed in R527-5-3(1).

 

R527-5-12. Reconsideration of Denial to Amend a Record.

Reconsideration of a denial to a request to amend a public, private, or protected record shall be requested in accordance with section 63-46b-13, the Utah Adminstrative Procedures Act.

 

KEY: child support, confidentiality, privacy law

Date of Enactment or Last Substantive Amendment: January 2, 2002

Notice of Continuation: January 16, 2007

Authorizing, and Implemented or Interpreted Law: 59-10-545(2); 62A-11-107; 62A-11-304.4(4); 62A-11-304.5; 63-2; 45 CFR 303.15; 45 CFR 303.70]

R527-5. Release of Information.

R527-5-1. Statutory Authority and Purpose.

(1) The Office of Recovery Services (ORS) is authorized to adopt, amend, and enforce rules by Title 62A, Chapter 11, Section 107(8).

(2) This rule establishes how ORS records may be accessed under Title 63G, Chapter 2, the Government Records Access and Management Act (GRAMA).

 

R527-5-2. Definitions.

(1) Terms used in this rule are defined either explicitly in section 63G-2-103 or implicitly in the text of subsection 63G-2-201.

(2) "Restricted", as used in subsection 63G-2-201(3)(b), refers to records to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation. These records are not subject to the procedures for access and disclosure outlined in GRAMA.

 

R527-5-3. Request for Release of Information.

(1) Written requests for information governed by GRAMA may be submitted in accordance with section 63G-2-204 to:

(a) Office of Recovery Services

ATTN: ORS Records

515 East 100 South

P.O. Box 45033

Salt Lake City, UT 84145-0033.

(2) Written requests for expedited release of information in accordance with section 63G-2-204 may be submitted to:

(a) Office of Recovery Services

ATTN: ORS Records

515 East 100 South

P.O. Box 45033

Salt Lake City, UT 84145-0033.

(3) Written requests for information sent by e-mail in accordance with section 63G-2-204 may be sent to:

(a) [e-mail].

 

R527-5-4. Appeal of Denial of Request for Release of Information.

A request to appeal the denial to access a record governed by GRAMA shall be submitted in accordance with Section 63G-2-401 to:

(1) the Director of the Office of Recovery Services for records maintained by ORS.

 

R527-5-5. Public Information.

(1) In accordance with Utah Code Sections 63G-2-103 (21) and 63G-2-201 a record is public unless classified as private, controlled, protected, or exempt.

(2) In accordance with Utah Code Section 63G-2-307, a record may be classified or reclassified at any time, including after the record has been requested.

 

R527-5-6. Private Information.

(1) Private records include the following:

(a) the address, date of birth, and Social Security number (SSN)of ORS case participants;

(b) information about state employees, former employees and applicants, except as provided for in 63G-2-302.

(2) Private records may be disclosed when:

(a) disclosure is required by other statutes;

(b) disclosure is for purposes directly connected with any investigation, prosecution, or criminal or civil proceeding conducted in connection with Utah's child support enforcement plan and all other programs administered by the Office of Recovery Services;

(c) a parent who has physical custody of the child, a parent without physical custody of the child, a relative to whom physical custody of the child has voluntarily been given, or a parent's attorney, demonstrates that the other party's address is required in order to serve legal process as the result of a judicial action to establish or modify an order or judgment for bona fide child support, spousal support, medical support, or child care. This information may not be disclosed if the person whose address is being sought has requested that case information be safeguarded;

(d) a parent who has physical custody of the child, a parent without physical custody of the child, a relative to whom physical custody of the child has been voluntarily given, or a parent's attorney, requests the other party's address related to parent-time based on Title 62A, Section 11, Subsection 304.4;

(e) income information is needed to establish a support order or review a support order for possible modification. This information may only be released to the court or administrative Presiding Officer, the other party or the other party's authorized representative;

(f) a case participant's Social Security number, address or employment information is needed by authorized governmental entities, including law enforcement agencies and;

(i) the requesting entity enforces, litigates or investigates civil, criminal or administrative law and the record is necessary to a proceeding or investigation; or

(ii) the requesting entity is one that collects information for pre-sentence, probationary or parole purposes.

(g) a governmental agency provides written assurance that the record is necessary to the governmental entity's duties and functions and will be used for a purpose similar to the purposes for which ORS collected or obtained the information and that the record use produces a public benefit outweighing the individual privacy right protecting the record;

(3) A private record shall be disclosed in accordance with the requirements of Utah Code Section 63G-2-202.

(4) Private records may not be released when a protective order has been issued in violation of 42 USC 654(26), or if there is reason to believe the release of information may result in physical or emotional harm to the person.

 

R527-5-7. Controlled Information.

(1) A record is controlled if it meets the requirements of Utah Code Section 63G-2-304.

(2) Controlled records can only be released under the provisions of Utah Code Section 63G-2-202(2).

 

R527-5-8. Protected Information.

(1) A record is protected if it meets the requirements of Utah Code Section 63G-2-305.

(2) Protected records can only be released under the provisions of Utah Code Section 63G-2-202(4).

 

R527-5-9. Restricted Records Exempt from Release Under GRAMA.

(1) A record is restricted from release by ORS if it meets the requirements of Utah Code Section 63G-2-201(3)(b).

 

R527-5-10. Fees.

(1) ORS may provide requested records without a charge unless:

(a) The request is for records which require programmer assistance.

(b) The request is a repeat request by the same requester for information already provided within the last three months.

(2) Contact ORS Records for specific fee amounts.

 

KEY: accessing records, record requests, GRAMA compliance, records fees

Date of Enactment or Last Substantive Amendment: 2009

Notice of Continuation: January 16, 2007

Authorizing, and Implemented or Interpreted Law: 62A-11-107; 62A-11-304.4(4); 63G-2