DAR File No. 27223

Human Services, Recovery Services

R527-38

Unenforceable Cases

NOTICE OF PROPOSED RULE

DAR File No.: 27223
Filed: 06/10/2004, 12:49
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed rule is to define the criteria for categorizing a case as unenforceable.

Summary of the rule or change:

This rule gives the criteria for categorizing a case as unenforceable. If a case is unenforceable, it may be closed under federal case closure criteria defined in 45 CFR 303.11.

State statutory or constitutional authorization for this rule:

45 CFR 303.11

Anticipated cost or savings to:

the state budget:

There would be a decreased cost to the state budget because the office would no longer be required to keep incoming interstate unenforceable cases open. Agents would not have to continue to try working the case.

local governments:

Administrative rules of the Office of Recovery Services do not apply to local government.

other persons:

Either or both parents may incur costs if the order is referred to a private attorney or private collection agency to try to enforce the order.

Compliance costs for affected persons:

Either or both parents may incur costs if the order is referred to a private attorney or private collection agency to try to enforce the order.

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

There is no fiscal impact on businesses.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Kristen Lowe at the above address, by phone at 801-536-0347, by FAX at 801-536-8833, or by Internet E-mail at klowe@utah.gov

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:

08/02/2004

This rule may become effective on:

08/03/2004

Authorized by:

Emma Chacon, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-38. Unenforceable Cases.

R527-38-1. Unenforceable Case Criteria.

1. This rule establishes the criteria which a support case must satisfy to be categorized as unenforceable. All of the following criteria must be met:

a. The case is currently not a paying case; in that payments shall not have been posted to the case during the last 12 months; and payments are not expected to be posted in the near future.

b. No federal offset money has been received by the Office of Recovery Services (ORS) during the last two years.

c. No state tax money shall have been received by ORS within the most recent two years.

d. ORS shall have collected $1,000 or less on the case over the last two years by methods other than federal offset or state tax.

e. There are no financial institution accounts belonging to the non-custodial parent that can be attached.

f. No executable assets belonging to the non-custodial parent have been identified.

g. A credit bureau report has been accessed within the past six months indicating income or asset information is unavailable.

h. If the matter concerns a Title IV-E case, all of the children identified as being part of the case shall have been emancipated or parental rights shall have been terminated.

KEY: child support

2004

45 CFR 303.11

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Kristen Lowe at the above address, by phone at 801-536-0347, by FAX at 801-536-8833, or by Internet E-mail at klowe@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.