DAR File No. 31160

Human Services, Recovery Services

R527-302

Income Withholding Fees

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 31160
Filed: 04/21/2008, 08:19
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:

Section 62A-11-406 allows the payor of income to deduct a fee for income withholding in accordance with Rule 64D, Utah Rules of Civil Procedure. Section 78-7-44 (now numbered Section 78A-2-216) indicates that the fee is a one-time $25 fee. The administrative rule allows payors to deduct the fee in the first month or in monthly increments not to exceed the maximum amount permitted under Subsection 303(b) of the Consumer Credit Protection Act.

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:

The statues under which this rule is enacted are still in effect and the rule is reflected in the current policy, practices, and procedures of the Office of Recovery Services/Child Support Services (ORS/CSS). Therefore, this rule should be continued. Section 78-7-44 has been renumbered as Section 78A-2-216 and will be addressed in a Notice of Proposed Rule amendment shortly. This rule will also be amended to add a statement outlining the department's rulemaking authority and the purpose for this rule.

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