No. 31867: R527-301. Non-IV-D Income Withholding

DAR File No.: 31867
Filed: 08/21/2008, 01:02
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 authorized by Section 62A-11-502, which authorizes immediate income withholding for child support orders issued or modified on or after 01/01/1994 with specific restrictions and regulations that the agency has implemented. Section 62A-11-504 authorizes the Office of Recovery Services to commence income withholding when an obligor or obligee applies for IV-D services with the office. In addition, the rule provides information on enforcement upon a payor that fails to comply with the Notice to Withhold in accordance with Section 62A-11-506. Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary.

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

There have been no comments since the last five-year review of the rule.

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

It is necessary to continue this rule to provide information regarding the Office of Recovery Service's ongoing responsibilities in regards to Non-IV-D income withholding. This rule defines the office's limits to income withholding in regards to the collection of child care expenses. This rule provides information to custodial and noncustodial parents when a payor fails to comply with the Notice to Withhold. The rule provides information as to how income withholding may be terminated. In addition, the rule provides information as to how income withholding payments will be handled when the custodial parent's mailing address is unknown. The Office of Recovery Services has identified that the rulemaking authority and other nonsubstantive corrections need to be made to this rule. The amendment to correct this will be filed shortly.

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]

Authorized by:

Mark Brasher, Director