DAR File No. 27647

Human Services, Recovery Services

R527-255

Substantial Change in Circumstances

NOTICE OF PROPOSED RULE

DAR File No.: 27647
Filed: 01/12/2005, 10:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule continues to be to state requirements for parents who request less than three year reviews of support orders. Federal regulations (45 CFR 303.8) require reviews (analysis of parents' incomes and other information) and any appropriate modifications to administrative and judicial support orders to be completed within 180 days. The review and modification process, particularly when pursued through the courts, can easily consume 180 days. The Office of Recovery Services/Child Support Services (ORS/CSS) cannot begin the review process in these cases without the necessary information, and certain information must be provided by the requesting parent.

Summary of the rule or change:

This change retains the requirement that a parent must provide documentation of an alleged substantial change in circumstances for a less than three year review to proceed, but eliminates the requirement that the parent must provide documentation within 30 days of initiating the request. Instead, ORS/CSS will simply treat the request as complete and proceed to conduct the review once the documentation is received.

State statutory or constitutional authorization for this rule:

Sections 78-45-7 through 78-45-7.21, 62A-11-320.5, and 62A-11-320.6; and 45 CFR 303.8

Anticipated cost or savings to:

the state budget:

There will be no effect on state budget due to this change because the requestor is already required to provide the documentation. The documentation is now required before ORS/CSS will begin the review.

local governments:

Administrative rules of the Office of Recovery Services do not apply to local government. Therefore, there are no anticipated cost or savings to local government.

other persons:

There will be no cost effect on other persons due to this change. The same documentation is required for the review to proceed now. The revised wording will clarify when the 180-day time frame to complete the review and modification process begins.

Compliance costs for affected persons:

There will be no cost effect on any one person due to this change. The same documentation is required for the review to proceed now. The revised wording will clarify when the 180-day time frame to complete the review and modification process begins.

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:

03/03/2005

This rule may become effective on:

03/04/2005

Authorized by:

Emma Chacon, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-255. Substantial Change in Circumstances.

R527-255-1. Substantial Change in Circumstances.

1. A parent [who]may request[s] a less than three year review of a support order based on an alleged substantial change in circumstances.[,] For the request to be complete, the parent must provide documentation of the alleged change at his/her own expense[ within 30 days of the date of that parent's request. If the requesting parent does not provide documentation of the alleged change within 30 days, the review may be terminated].

2. If the change in circumstances is projected to be temporary, defined as less than 12 months in duration, the office shall not initiate proceedings to adjust the award.

3. If the change in circumstances is projected to be long term or permanent, defined as 12 months or more in duration, the office shall initiate proceedings to adjust the award pursuant to Sections 78-45-7.2 through 78-45-7.21.

KEY: child support

[October 24, 2003]2005

Notice of Continuation September 11, 2002

78-45-7 through 78-45-7.21

62A-11-320.5

62A-11-320.6

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.