DAR File No. 27642

Human Services, Recovery Services

R527-40

Retained Support

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27642
Filed: 01/06/2005, 09:19
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:

Section 62A-11-107 gives the Office of Recovery Services (ORS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. Under Subsections 62A-11-307.2(3) and (4), if an obligee makes an agreement to allow the obligor to pay support in a manner or amount different from what was ordered, this does not affect the right of ORS to collect the full amount of assigned support; and if an obligee receives a direct payment of assigned support from an obligor, the obligee must immediately deliver the payment to ORS. If an obligee fails to follow these procedures, ORS may recover the assigned support that has been inappropriately retained by the obligee. This rule was adopted to give a clear definition of "retained support" and to explain how and when credit for $50 pass through payments may be given.

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

No written comments have been received.

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

This rule should continue because the laws and policies dealing with retained support are still in effect and the rule gives essential clarification, procedures and explanation relating to the laws and policies. Recovery of assigned support is important to the state. It reimburses the state for funds spent on the family.

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

Authorized by:

Emma Chacon, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

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.