DAR File No. 28412

Human Services, Recovery Services

R527-35

Non-IV-A Fee Schedule

NOTICE OF PROPOSED RULE

DAR File No.: 28412
Filed: 12/14/2005, 08:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to waive the fee for locate only services if the case was closed within the last 12 months because the noncustodial parent could not be found or was in a foreign jurisdiction. It is also being changed to add a new fee for the Child Support Lien Network (CSLN).

Summary of the rule or change:

This rule is being changed to waive the fee for locate only services if the case was closed within the last 12 months because the noncustodial parent could not be found or was in a foreign jurisdiction. It is also being changed to add a new fee for the CSLN. CSLN matches noncustodial parents with insurance settlements. When a match is received, the fee of $52 is charged to the Office of Recovery Services (ORS). This fee is being recovered from the insurance settlement when a levy is processed. If no levy is processed, the fee will not be recovered.

State statutory or constitutional authorization for this rule:

Section 62A-11-107

Anticipated cost or savings to:

the state budget:

Every match will be charged the CSLN fee but only those levied upon will recover the cost; unrecovered costs will be funded from currently budgeted state funds. Waiving the fee for parent only locates within the last 12 months of closure will result in negligible or no loss of fees, because parents rarely request the parent locate only service.

local governments:

Administrative rules of ORS do not apply to local government.

other persons:

No cost to other persons is anticipated. There will be a small cost savings to a parent wanting locate only services if the case was closed within the last 12 months because the noncustodial parent could not be found or was in a foreign jurisdiction because the locate only fee is waived.

Compliance costs for affected persons:

The cost of $52 per levy processed through CSLN is passed on to the customer.

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

The cost benefit ratio for CSLN match/levying is expected to be 28:1 (total collections/cost) and most of the cost will be passed to the customer when a levy is processed. Since the cost is being passed to the customer, there will be no cost to 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:

02/14/2006

This rule may become effective on:

02/15/2006

Authorized by:

Mark Brasher, Acting Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-35. Non-IV-A Fee Schedule.

R527-35-1. Non-IV-A Fee Schedule.

Pursuant to 45 CFR 302.33 (2001) the Office of Recovery Services may charge an applicant or recipient of child support services who is not receiving IV-A financial assistance or Medicaid, one or more fees for specific services. These fees are itemized below:

The following fee, which has been established by the federal government:

1. the full IRS enforcement fee of $122.50 is charged if a case qualifies for full IRS collection services, the obligee requests those services, and the amount of the child support obligation is certified for those services by the United States Secretary of the Treasury.

The following fees, which have been established by the Office:

1. a Parent Locator Service fee of $20.00. This fee is waived if the case was closed within the last 12 months for the reason CTF (cannot find the non-custodial parent) or AFC (non-custodial parent lives in a foreign jurisdication);

2. the cost of genetic testing if the alleged father is excluded as the biological father;

3. an administrative fee of $5.00 per payment processed, not to exceed $10.00 per month;

4. a fee of $25.00, to be paid at the time the obligor's federal tax refund is intercepted to offset a Non-IV-A support arrearage if the refund is $50.00 or more. If the refund is more than $25.00 but less than $50.00, the fee is the refund amount minus $25.00[.];

5. the Child Support Lien Network (CSLN) fee of $52.00, to be paid at the time the levy is processed.

KEY: child support

[April 2, 2002]2006

Notice of Continuation January 24, 2002

62A-11-107

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• 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.