DAR File No. 30982

Human Services, Recovery Services

R527-928

Lost Checks

NOTICE OF PROPOSED RULE

DAR File No.: 30982
Filed: 02/13/2008, 12:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this amendment is to add the department's authority and purpose for rulemaking and renumber, in the text, Section 35A-1-502 to 35A-3-603 and Section 62A-11-201 to 35A-3-601.

Summary of the rule or change:

This amendment adds a new first section to show the department's authority and purpose for the rule. It also change the references at the bottom of the rule to the renumbered code sitations.

State statutory or constitutional authorization for this rule:

Sections 35A-3-603, 35A-3-601, 62A-11-104, and 62A-11-107

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. Therefore, no additional financial impact on any state programs is anticipated.

local governments:

There is no cost to the local government because administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government. Local government is not responsible for monitoring or issuing checks for the office.

small businesses and persons other than businesses:

The basic requirements of the current rule will not change when the proposed amendment becomes effective. Consequently, there should not be any additional financial impact on those individuals.

Compliance costs for affected persons:

No person or entity affected by this rule should incur any additional costs as a result of the proposed changes because the basic procedures remain the same.

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

This rule addresses the conditions for issuing a new check to an individual when he has lost or had stolen a prior check. Businesses are not addressed in this rule or the proposed changes and it not anticipated the changes will create any fiscal impact on them. Lisa Michelle Church, Executive Director

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

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:

03/31/2008

This rule may become effective on:

04/07/2008

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-928. Lost Checks.

R527-928-1. Authority and Purpose.

1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111 and 62A-11-107.

2. The purpose of this rule is to specify the responsibility and procedures for the Office of Recovery Services/Child Support Services for issuing a new check that has been lost or stolen.

 

R527-928-[1]2. Responsibility for Collection and Investigation.

ORS shall be responsible for the collection and investigation of lost or stolen Department of Human Services checks. The term check and warrant are used interchangeably.

 

R527-928-[2]3. Cashing Department of Human Services Issued Checks.

The Department of Human Services has specific policy concerning the replacement of department issued checks which have been reported as lost or stolen and on which a stop payment has been placed or where the check has been returned as a forged check to the financial institution or store.

The Department will only replace a department issued check for any bank or store if all of the following conditions have been met:

1. An employee of the cashing establishment personally observed the payee endorse the check. This includes the original payee and any third party to whom the payee may have made the check payable.

2. An employee of the cashing establishment examined a picture bearing governmental issued media presented by the payee and was satisfied that the person presenting the check is in fact the payee. Examples of acceptable identification are, a Utah Motor Vehicle Operator's License or a Utah Identification card. Identification must be obtained for all payees endorsing the check. The employee must note the source of the identification and the identification number on the check.

3. The employee who approved the cashing of the check must have made an identifying mark, such as initials, which will identify the employee in the event legal action is initiated at a later date.

4. The replacement check to the cashing establishment must be requested within 120 days of the date of notification of the stop payment.

 

KEY: public assistance programs, banks and banking, fraud

Date of Enactment or Last Substantive Amendment: [February 15, 2001]2008

Notice of Continuation: November 29, 2007

Authorizing, and Implemented or Interpreted Law: 70A-3; [35A-1-502]35A-3-601; 35A-3-603; 62A-11-104; 62A-11-107[; 62A-11-201]