DAR File No. 27938

Human Services, Recovery Services

R527-67

Locate, Use of Subpoena Duces Tecum

NOTICE OF PROPOSED RULE

DAR File No.: 27938
Filed: 05/25/2005, 09:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because the authority to issue subpoenas is in Section 62A-11-304.1.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Section 62A-11-304.1

Anticipated cost or savings to:

the state budget:

There will be no change to the state budget due to this repeal. The Office of Recovery Services (ORS) still has the authority to issue subpoenas.

local governments:

Administrative rules of ORS do not apply to local government.

other persons:

There will be no cost or savings to other persons because ORS still has the authority to issue subpoenas.

Compliance costs for affected persons:

No cost is associated with this change because ORS still has authority to issue subpoenas.

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

There is no fiscal impact on businesses. Lisa-Michele Church, Executive Director

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:

07/15/2005

This rule may become effective on:

07/16/2005

Authorized by:

Emma Chacon, Director

RULE TEXT

R527. Human Services, Recovery Services.

[R527-67. Locate, Use of Subpoena Duces Tecum.

R527-67-1. Locate, Use of Subpoena Duces Tecum.

It is the policy of the Office of Recovery Services that a subpoena may be issued by the Office to obtain information about the location or earnings of an obligor if the information cannot be obtained without a subpoena.

The use of a subpoena for acquiring information from third parties shall be documented and shall be used only when other appropriate locate resources have been used unsuccessfully to locate the obligor.

KEY: child support, subpoena

1990

Notice of Continuation May 3, 2000

62A-11-304.1]

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.