DAR File No. 31163

Human Services, Recovery Services

R527-302

Income Withholding Fees

NOTICE OF PROPOSED RULE

DAR File No.: 31163
Filed: 04/21/2008, 08:38
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 this rule and the rule's purpose. Also to renumber Section 78-7-44 to Section 78A-2-216.

Summary of the rule or change:

The first section for this rule has been moved to Section R527-302-2 and the authority and purpose have been added to the first section. The reference to Section 78-7-44 within the rule has been amended to Section 78A-2-216.

State statutory or constitutional authorization for this rule:

Sections 62A-11-406 and 78A-2-216, and Rule 64D, Utah Rules of Civil Procedure

Anticipated cost or savings to:

the state budget:

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

local governments:

There are no anticipated costs to the local government because administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.

small businesses and persons other than businesses:

The proposed changes to the rule are only to add the authority and purpose for this rule and do not affect the current procedures; therefore, no additional financial impact is anticipated on small businesses. The proposed changes to the rule do not affect the current procedures; therefore, no additional financial impact is anticipated on persons other than businesses.

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 procedures remain the same.

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

Passage of this proposed rule amendment will have no fiscal impact on local businesses. Lisa-Michele 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:

06/16/2008

This rule may become effective on:

06/23/2008

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-302. Income Withholding Fees.

R527-302-1. Purpose and Authority.

1. The Office of Recovery Services is authorized to create rules necessary for the provision of social services by Section 62A-1-107.

2. This rule establishes procedures for a payor of income to withhold a one-time fee to offset administrative costs incurred when processing a withholding order pursuant to Rule 64D, Subsection(d)(ii), Utah Rules of Civil Procedure, and Section 78A-2-216(1)(b).

 

R527-302-2. Income Withholding Fees.

1. When the Office of Recovery Services/Child Support Services (ORS/CSS) initiates income withholding against a payor of income for payment of an obligor's child support, the payor of income may deduct a one-time $25.00 fee to offset the administrative costs it incurs to process the withholding pursuant to Rule 64D, Subsection(d)(ii), Utah Rules of Civil Procedure, and Subsection [78-7-44]78A-2-216(1)(b), Utah Code.

2. A payor of income may choose to deduct the entire $25.00 in the first month of withholding, or, pursuant to Subsection 62A-11-406(4), Utah Code, a payor may choose to deduct the $25.00 in monthly increments (for example, $5.00 per month for 5 months) until the full amount has been deducted, provided the total amount withheld does not exceed the maximum amount permitted under Subsection 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Subsection 1673(b).

 

KEY: child support, income withholding fees

Date of Enactment or Last Substantive Amendment: [December 3, 1999]

Notice of Continuation: April 21, 2004

Authorizing, Implemented or Interpreted Law: [Section ]62A-11-406; [Section 78-7-44]78A-2-216; Rule 64D, Utah Rules of Civil Procedure