DAR File No. 27648

Human Services, Recovery Services

R527-40

Retained Support

NOTICE OF PROPOSED RULE

DAR File No.: 27648
Filed: 01/12/2005, 11:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the change is to change the "overpayments" team to the "child support team. Retained support cases are no longer processed by the overpayments team that moved to Department of Workforce Services.

Summary of the rule or change:

This change is to eliminate references to the overpayments team. The overpayments team moved to the Department of Workforce Services. The child support team now processes and collects on retained support cases.

State statutory or constitutional authorization for this rule:

Sections 62A-11-107, 62A-11-304.1, 62A-11-307.1, and 62A-11-307.2

Anticipated cost or savings to:

the state budget:

There is no cost or savings to the state budget as this change is already in effect.

local governments:

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

other persons:

There is no cost or savings to other persons because this change is already in effect.

Compliance costs for affected persons:

No cost is associated with this change because it is already in effect.

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.

R527-40. Retained Support.

R527-40-1. Retained Support.

1. The term Retained Support refers to a situation in which [the]an obligee who has assigned support rights to the state has received child support but failed to forward the payment(s) to ORS.

2. The agent will refer the case to the appropriate [Overpayments]child support team with the evidence to support the referral.

3. In computing the amount owed, the obligee will be given credit for the $50 pass-through payment for any months prior to March, 1997, in which support was retained by the client. For example, if the obligee received and kept a support payment of $200 in February, 1997, the referral will be made as a $150 debt. For support payments retained on or after March 1, 1997, no credit shall be given because there will be no pass-through payments for support payments made after February 28, 1997.

KEY: child support

[April 8, 1997]2005

Notice of Continuation February 10, 2000

62A-11-107

62A-11-304.1

62A-11-307.1(3)

62A-11-307.2(3)

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.