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Utah Administrative Code (Current through November 1, 2019) |
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R527. Human Services, Recovery Services |
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R527-260. Driver License Suspension for Failure to Pay Support |
| R527-260-1. Authority |
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(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 |
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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 |
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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 |
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(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 |
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(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 |
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(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 |
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(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. |