No. 31152 (New Rule): R527-260. Driver License Suspension for Failure to Pay Support

DAR File No.: 31152
Filed: 04/15/2008, 12:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to establish and create procedures for the Office of Recovery Services/Child Support Services (ORS/CSS) to order an administrative suspension of a person's driving privileges when the person is in arrears on a child support obligation pursuant to H.B. 15 (2007 General Session), effective 07/01/2008. (DAR NOTE: H.B. 15 (2007) is found at Chapter 338, Laws of Utah 2007, and will be effective 07/01/2008.)

Summary of the rule or change:

Section R527-260-1 includes the legal authority that has been granted to ORS/CSS. Section R527-260-2 provides a statement describing the purpose of this specific rule. Section R527-260-3 defines the criteria that ORS/CSS will use to identify obligors that may be eligible for the driver license suspension process. Sections R527-260-4 and R527-260-5 define the process ORS/CSS will use to notify the obligor and establish reasonable monthly payments to prevent suspension of his/her license. Section R527-260-6 describes the ORS/CSS Supervisory Review Panel that will review every potential suspension before the Order to Suspend is issued. Section R527-260-7 addresses the procedures and criteria for rescinding the obligor's license suspension.

State statutory or constitutional authorization for this rule:

Sections 53-3-102, 53-3-221, 53-3-221.5, 62A-11-107, 62A-11-304.2, 62A-11-601, 62A-11-602, 62A-11-603, and 62A-11-604

Anticipated cost or savings to:

the state budget:

Providing the obligor with the Notice of Agency Action will result in a cost to the state budget for personal service charges. Personal service costs vary based on the number of attempts required, the number of miles traveled for each attempt, and the constables or contracted servers available in the obligor's location. Due to varying personal service costs, and the fact that the number of obligor parents who will qualify for this process is currently unknown, it is not possible to anticipate the aggregate cost to the state for personal service. Preparing cases for the process outlined in this rule will result in a personnel cost to the state. While internal ORS/CSS procedures are still under development, the following represents an initial cost estimate for this process based on the time required to complete certain tasks listed within this rule: criteria review and initial preparation of Notice of Agency Action: 2 hours; Preparation for and conducting informal adjudicative hearing: 2 hours; Establishing payment agreement: 1 hour; Case monitoring through 6-month payment agreement: 1 hour; Supervisory Review Panel (5 members minimum, 1/2 hour per member): 2.5 hours; Rescission of order to suspend driver license: 1 hour; Total time for one driver license suspension: 9.5 hours; and Total personnel cost for one driver license suspension: $300.58 (9.5 hours X $31.64 average hourly wage and benefit package). If ORS/CSS is successful in using the driver license suspension process as a tool to obtain either payment-in-full or build a pattern of regular monthly child support payments, some cases may be closed; some cases may require less monitoring and fewer administrative enforcement actions; and some cases will avoid more expensive judicial enforcement actions. The aggregate savings to the state that could result from increased compliance with support obligations is not possible to estimate. There may also be minimal costs incurred by the Driver License Division due to this suspension process; however, this rule addresses the process and procedures for ORS/CSS only. The Driver License Division may commence a separate rulemaking process, if necessary, and the costs to that division will be outlined there.

local governments:

There are no anticipated costs to the local government because the administrative rules of ORS/CSS do not apply to local government.

small businesses and persons other than businesses:

The procedures contained in this rule do not affect small business; therefore, there are no anticipated costs or savings for small business due to this rule. Obligated parents who qualify for driver license suspension may incur some costs as a result of this rule and its underlying statutes. After receiving a Notice of Agency Action, an obligor may incur minimal postage costs in returning the request for an informal hearing. Postage costs could start at $0.41 for a first-class letter returning the hearing request, but this cost could increase if substantial documentation contesting the support balance is submitted as a defense. If an obligor's license is suspended, the obligor may be required to make other transportation or work arrangements. Because the cost of one obligor's normal transportation and the cost of alternative transportation will vary widely depending on each obligor's personal circumstances, it is not possible to estimate the anticipated costs or savings for this group. It is anticipated that obligee parents and their children will experience a fiscal benefit in those cases where the procedures outlined in this rule cause an obligor to make regular child support payments; however, those benefits will vary based on the individual child support orders and the associated arrears payment plans and the dollar amount of the benefit is not possible to estimate.

Compliance costs for affected persons:

Obligated parents who qualify for driver license suspension may incur some costs as a result of this rule and its underlying statutes. After receiving a Notice of Agency Action, an obligor may incur minimal postage costs in returning the request for an informal hearing. Postage costs could start at $0.41 for a first-class letter returning the hearing request, but this cost could increase if substantial documentation contesting the support balance is submitted as a defense. If an obligor's license is suspended, the obligor may be required to make other transportation or work arrangements. Because the cost of one obligor's normal transportation and the cost of alternative transportation will vary widely depending on each obligor's personal circumstances, it is not possible to estimate the anticipated costs for this group. There are no other anticipated compliance costs for affected persons.

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

Businesses are not addressed in the proposed rule, and it is not anticipated this rule 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:

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]

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:

06/02/2008

This rule may become effective on:

06/23/2008

Authorized by:

Mark Brasher, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-260. Driver License Suspension for Failure to Pay Support.

R527-260-1. Authority.

(1) Section 62A-11-107 authorizes the Office of Recovery Services/Child Support Services (ORS/CSS) to adopt, amend and enforce rules.

(2) Sections 53-3-102, 53-3-221, 53-3-221.5, 62A-11-601, 62A-11-602, 62A-11-603, and 62A-11-604 provide for suspension of an individual's driver license for failure to pay child support.

 

R527-260-2. Purpose.

The purpose of this rule is to provide procedures and criteria for ORS/CSS to suspend an obligor parent's driver license for failure to pay child support.

 

R527-260-3. Driver License Suspension Criteria.

ORS/CSS may begin procedures for driver license suspension on an obligor if all other administrative enforcement actions have been exhausted and the obligor:

(1) has a valid Utah driver license;

(2) is delinquent in child support payment pursuant to Section 62A-11-602(2);

(3) is working, but ORS/CSS is unable to send a Notice to Withhold Income for Child Support; and,

(4) has the ability to pay child support.

 

R527-260-4. Notice of Agency Action.

(1) ORS/CSS will notify the obligor of the possibility of suspending his/her driver license for failure to pay child support by sending a Notice of Agency Action (NAA) pursuant to Sections 62A-11-304.2 and 63G-4-102 et seq. The NAA will be personally served upon the obligor.

(2) Once the obligor has been personally served, s/he has thirty days to respond to the NAA and request an informal adjudicative hearing with ORS/CSS. If the obligor fails to respond to the NAA, the obligor's case(s) will be sent to the ORS/CSS Supervisory Review Panel for approval to proceed with the driver license suspension.

 

R527-260-5. Repayment Agreement to Stop Driver License Suspension.

(1) Upon receipt of the NAA, the obligor may enter into a repayment agreement with ORS/CSS to temporarily stop the suspension process. The repayment agreement must include both current support, if appropriate, and an arrears payment for six consecutive months. ORS/CSS will determine the obligor's monthly arrears payment by reviewing his/her actual income and necessary debts to arrive at a reasonable monthly amount.

(2) If the obligor makes the full required payment each month for six consecutive months, ORS/CSS will dismiss the NAA.

(3) If the obligor fails to comply with the terms of the repayment agreement at any time during the six consecutive months, his/her case will immediately be sent to the ORS/CSS Supervisory Review Panel to determine the next appropriate action on the case; for example, to proceed with suspension of the obligor's driver license.

 

R527-260-6. ORS/CSS Supervisory Review Panel.

(1) The ORS/CSS Supervisory Review Panel consists of the ORS Director, the CSS Director and other members as designated by the ORS and CSS Directors.

(2) The panel is responsible to review the case and determine if it is appropriate to proceed with suspension of the obligor's driver license.

(3) If the ORS/CSS Supervisory Review Panel determines it is appropriate to proceed with the driver license suspension, the ORS or CSS Director will sign the Order to Suspend, which will be sent to the Driver License Division for enforcement.

(4) If the ORS/CSS Supervisory Review Panel determines it is not appropriate to suspend the obligor's license, the case will be sent back to the team to take the next appropriate action and/or dismiss the NAA.

 

R527-260-7. Repayment Agreement to Rescind Driver License Suspension.

(1) Once the Driver License Division has been notified to suspend the obligor's driver license, the obligor may contact ORS/CSS to make arrangements to rescind the Order to Suspend and reinstate his/her driver license. The obligor may enter into a repayment agreement, which includes both current support, if appropriate, and an arrears payment to be paid for six consecutive months. ORS/CSS will determine the obligor's monthly arrears payment by reviewing his/her actual income and necessary debts to arrive at a reasonable monthly amount.

(2) The obligor's license will remain suspended until s/he has successfully complied with the terms of the repayment agreement. Once the terms of the repayment agreement have been met, ORS/CSS will rescind the Order to Suspend and notify the Driver License Division.

 

KEY: child support, driver license

Date of Enactment or Last Substantive Amendment: July 1, 2008

Authorizing, and Implemented or Interpreted Law: 53-3-102; 53-3-221; 53-3-221.5; 62A-11-107; 62A-11-304.2; 62A-11-601; 62A-11-602; 62A-11-603; 62A-11-604