No. 29415: R527-5. Release of Information

DAR File No.: 29415
Filed: 01/16/2007, 09:29
Received by: NL

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 the statutory provisions of Title 63, Chapter 2, the Government Records Access and Management Act (GRAMA) and under Section 62A-11-107. In general, these provisions allow agencies to adopt rules as may be necessary to carry out duties. Specifically, GRAMA (Section 63-2-904) grants rulemaking authority to governmental entities to "specify at which level the requirements specified in this chapter shall be undertaken" and Section 62A-11-107 grants rulemaking authority to the Office of Recovery Services (ORS).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Comments were received 12/28/2001. Comment 1: in Subsection R527-5-6 2(j), the commenter was concerned that the proposed language would provide a large loophole for obligors who do not pay child support and questioned what would be involved to classify information as "safeguarded" with ORS. Comment 2: in Subsection R527-5-9(4), the commenter requested clarification on the phrase "other state child support agency," particularly whether support agencies in local jurisdictions would be included.

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

This rule is necessary to help promote the publics right to easy and reasonable access to government records, and this rule clarifies procedures concerning specific types of information particular to the mission of ORS. Therefore, this rule should be continued. In response to Comment 1: ORS strives to balance the need to aid those families involved in domestic violence situations while, at the same time, not allowing individuals to request safeguarding for reasons other than those related to domestic violence. To achieve this balance, when a case opens, all parties are notified that they have the right to request that their information is safeguarded and of the procedures to follow (which include providing documentation to substantiate the domestic violence concerns). In response to Comment 2: The intent was to allow ORS to share state tax information with another state's IV-D agency that is collecting support at the request of ORS. Responses were sent to the commenter on 01/03/2002. No follow-up comments or concerns were received.

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:

Liesa Corbridge at the above address, by phone at 801-536-8986, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director