DAR File No. 27881

Human Services, Recovery Services

R527-394

Posting Bond or Security

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27881
Filed: 05/12/2005, 02:03
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:

Subsection 62A-11-321(1) of the Utah Code requires the Office of Recovery Services to establish rules for determining when it is appropriate to seek a court order requiring a noncustodial parent to post a bond or provide other security for the payment of a support debt. The federal regulation at 45 CFR 303.104(c) requires each State to develop guidelines available to the public for determining when it is not appropriate to require a noncustodial parent to post security, bond, or some other guarantee of payment of overdue support. The criteria listed in Rule R527-394 meet these requirements.

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 continues to be necessary because State law and Federal regulations require it, and to ensure that legal action to require a noncustodial parent to post bond or other security is only taken when circumstances clearly warrant it.

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.