DAR File No. 27376

Human Services, Recovery Services

R527-200-10

Availability of a Hearing in Informal Adjudicative Proceedings

NOTICE OF PROPOSED RULE

DAR File No.: 27376
Filed: 08/30/2004, 11:40
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R527-200-10 lists the criteria to permit an administrative hearing. This amendment is being requested to clarify that the criterion found in Subsection R527-200-10(1)(c) applies to the Office of Recovery Services/Children in Care bureau too.

Summary of the rule or change:

In order to clarify that the criterion listed in Subsection R527-200-10(1)(c) applies to the Children in Care bureau, the words "for child support services" need to be deleted.

State statutory or constitutional authorization for this rule:

Sections 30-3-32 through 30-3-38, 62A-11-304.1, 62A-11-304.2, 62A-11-304.4, 62A-11-307.2, and Title 63, Chapter 46b

Anticipated cost or savings to:

the state budget:

This change will not have an affect on the state budget. The Children in Care bureau procedures have always required a parent to participate in a preliminary agency conference prior to allowing an administrative hearing. The change is being requested to clarify the Children in Care bureau procedures.

local governments:

None--Administrative rules of the Office of Recovery Services (ORS) do not apply to local governments.

other persons:

This change will not have an impact on other persons. The procedures are not changing. The Children in Care bureau procedures have always required a parent to participate in a preliminary agency conference prior to allowing an administrative hearing.

Compliance costs for affected persons:

The change will not change compliance costs for affected persons, since the change only clarifies procedures.

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

The proposed rule change represents a minor correction to the rule and results in no substantive change to ORS processes. There would be no additional impact posed to businesses by adopting the proposed rule.

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:

Kari Smith at the above address, by phone at 801-536-8137, by FAX at 801-536-8509, or by Internet E-mail at ksmith@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:

10/15/2004

This rule may become effective on:

10/16/2004

Authorized by:

Emma Chacon, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-200. Administrative Procedures.

R527-200-10. Availability of a Hearing in Informal Adjudicative Proceedings.

1. A hearing before a presiding officer in the Office of Administrative Hearings, Department of Human Services is permitted in an informal adjudicative proceeding if:

a. the proceeding was initiated by a notice of agency action; and

b. the respondent in a properly filed request for hearing or in the course of participation raises a genuine issue as to a material fact as provided in R527-200-11; and

c. [for child support services,]the respondent participates in a preliminary agency conference.

2. A proceeding before a presiding officer in the Office of Recovery Services, Department of Human Services is permitted if an informal adjudicative proceeding is initiated by a request for agency action.

a. The presiding officer shall conduct a review of all documentation provided by the requesting party and in the agency files, and issue a Decision and Order stating the decision and the reasons for the decision.

b. The requesting party shall not be required to appear, either in person or through representation when the proceeding is conducted, but may choose to attend.

KEY: administrative law, child support

[October 29, 2003]2004

Notice of Continuation May 7, 2001

30-3-32 through 30-3-38

62A-11-304.1

62A-11-304.2

62A-11-304.4

62A-11-307.2

63-46b

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Kari Smith at the above address, by phone at 801-536-8137, by FAX at 801-536-8509, or by Internet E-mail at ksmith@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.