DAR File No. 30614

Human Services, Recovery Services

R527-550

Assessment

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30614
Filed: 10/24/2007, 10:35
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 authorized by Section 62A-1-117. This statute authorizes the Office of Recovery Services to act as payee for the department when receiving child support payments for children in the care of the state. The rule clarifies the Office of Recovery Services' (ORS) procedures in establishing support obligations for children in care under Sections 78-45-7.2 through 78-45-7.18. In addition, the rule provides information on how ORS will assess the repayment of public assistance overpayments and retained support when an obligated parent is receiving or no longer receiving public assistance.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Federal regulations 45 CFR 300 through 307, as well as state statutes found in Sections 62A-1-117, 62A-7-124, 62A-11-104, 62A-11-107, 62A-11-110, 62A-11-111, 62A-11-201, 62A-11-301, 62A-11-320.5, 62A-11-320.6, 78-3a-906, 78-45-1, 78-45-4.3, 78-45-4.4, and 78-45-7 are still in effect. This rule provides necessary details on how ORS carries out duties outlined in these statutes when children are placed in the custody of the state. It defines the agency's limits when collecting public assistance overpayments and retained support. Upon review of this rule, the department recognizes the need for this rule to be amended to update the citations and format. 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:

Shancie Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at shancielawton@utah.gov

Authorized by:

Mark Brasher, Director