DAR File No. 30356

Human Services, Recovery Services

R527-330

Posting Priority of Payments Received

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30356
Filed: 08/22/2007, 12:44
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:

This rule is enacted under Section 62A-11-107, which authorizes the Office of Recovery Services to adopt, amend, and enforce rules necessary to appropriately carry out its duties. This rule enables the Office to establish a system for posting payment received when the noncustodial parent has not given instructions or made arrangements for the posting of his/her payments when more than one case is involved. It also clarifies that the Office must first apply support payments to current support obligation before applying them to past-due support debts.

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 requires an organized approach to dealing with support payment paid to the Office of Recovery Services and makes current support the first priority for payments not designated by the noncustodial parent, so when payments are made families that are not receiving IV-A case assistance from the State can expect to receive financial support for their current family needs. It also allows the State to recover money that has been expended in IV-A cash assistance to families. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY UT 84102-4211

Direct questions regarding this rule to:

LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at lwilber@utah.gov

Authorized by:

Mark Brasher, Director