DAR File No. 31025

Human Services, Recovery Services

R527-305

High-Volume, Automated Administrative Enforcement in Interstate Child Support Cases

NOTICE OF PROPOSED RULE

DAR File No.: 31025
Filed: 02/27/2008, 02:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add the office authority for creating rules and to change the "IV-D Child Support Services program within the Office of Recovery Services (CSS/ORS)" to the Office of Recovery Services/Child Support Services (ORS/CSS) to maintain consistency with policy and other legal documents for ORS/CSS. This amendment also adds the definition for IV-D.

Summary of the rule or change:

This amendment adds a subsection in the first section to show the department's authority for rulemaking. In Section R527-305-2, changes "IV-D Child Support Services program within the Office of Recovery Services" (CSS/ORS) to the "Office of Recovery Services/Child Support Services (ORS/CSS)" and adds the definition for "IV-D" to Section R527-305-3 and changes the CSS/ORS in Section R527-305-4 to ORS/CSS consistent with the previous changes.

State statutory or constitutional authorization for this rule:

Section 62A-11-305

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:

Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government. Therefore, there will not be any financial impact on the local government.

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 provides the procedures for the office when a request is received from a IV-D child support agency of another state for high-volume, automated administrative enforcement of support orders. Businesses are not addressed in the rule or the proposed changes and it is 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:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-305. High-Volume, Automated Administrative Enforcement in Interstate Child Support Cases.

R527-305-1. Authority.

1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-11-107. Section 62A-11-111 provides for collection with liens and the disposition of property acquired by the department.

2. This rule establishes procedures for High-Volume, Automated Administrative Enforcement in Interstate child support cases pursuant to Section 62A-11-305, and Subsection 466(a)(14) of the Social Security Act.

 

R527-305-2. Purpose.

The purpose of this rule is to provide procedures for the [IV-D Child Support Services]Office of Recovery Services/Child Support Services[ program within the Office of Recovery Services] ([CSS/]ORS/CSS), when a request is received from a IV-D child support agency of another state for high-volume, automated administrative enforcement of support orders.

 

R527-305-3. Definitions.

1. "Requesting State" means the state sending an administrative interstate enforcement request to the assisting state.

2. "Assisting State" means the state matching the requesting state's delinquent obligors against data[]bases and, if appropriate, seizing assets on behalf of the requesting state.

3. "High-Volume, Automated Administrative Enforcement in Interstate Cases" means the use of automated data processing to search the assisting state's data[]bases to determine whether information is available regarding parents who owe child support in the requesting state, and the seizure of identified assets, if appropriate, using the same techniques as used in intrastate cases.

4. "IV-D agency" means an agency authorized by Title IV, Section D of the Social Security Act to administer child support services and collections.

 

R527-305-4. Procedures for High-Volume, Automated Administrative Enforcement of Interstate Referrals.

The procedures below apply whenever ORS/CSS[/ORS] receives a request for high-volume, automated administrative enforcement of interstate cases from another state's IV-D agency.

1. Another state may transmit a request for automated administrative enforcement of support orders to ORS/CSS[/ORS] by electronic or other means. The requesting state may transmit a single high-volume referral that includes multiple requests.

2. A request for automated administrative interstate enforcement shall not be considered a transfer of the cases referred to the ORS/CSS[/ORS] caseload.

3. ORS/CSS[/ORS] will conduct a match of the referral data against Utah state databases to which it has access to determine if information regarding the obligor is available. ORS/CSS[/ORS] will notify the requesting state of the results of the search.

4. ORS/CSS[/ORS] will give an automated administrative interstate enforcement request the same priority it gives to a regular interstate case referred by another state for collection services or establishment, modification, or registration of an order.

 

KEY: child support, interstate

Date of Enactment or Last Substantive Amendment: [June 16, 1998]2008

Notice of Continuation: March 10, 2003

Authorizing, and Implemented or Interpreted Law: 62A-11-305