This filing was published in the 12/15/2008, issue, Vol. 2008, No. 24, of the Utah State Bulletin.
Human Services, Recovery Services
Release of Information
NOTICE OF PROPOSED RULE
DAR File No.: 32159
Filed: 11/24/2008, 01:13
Received by: NL
Purpose of the rule or reason for the change:
This rule is being repealed and reenacted to update the renumbering of the Government Records Access and Management Act (GRAMA) (Title 63G, Chapter 2), to add the office's legal authority for rulemaking, and to update the rule.
Summary of the rule or change:
All citations to GRAMA (Title 63G, Chapter 2) have been updated to reflect the renumbering of GRAMA. A subsection has been added to Section R527-5-1 to provide the office's rulemaking authority. The Location and Collection System (LCS) definition has been deleted from Section R527-5-2. The office's address information has been updated in Section R527-5-3. The instructions for appeal have been clarified in Section R527-5-4. References to records not maintained by the Office of Recovery Services (ORS) have been deleted from Section R527-5-6. Sections R527-5-7, R527-5-8, and R527-5-9 have been simplified to refer to the terms in Utah Code. Section R527-5-10 has been updated to reflect current procedures for record access fees. The keywords have also been updated to better reflect the subject of the rule, and the citations for interpreted law have been updated to reflect renumbering and updates to statute.
State statutory or constitutional authorization for this rule:
Sections 62A-11-107 and 62A-11-304.4, Title 63G, Chapter 2, and 42 USC 654(26)
Anticipated cost or savings to:
the state budget:
No costs or savings are anticipated because no additional processes or requirements have been created.
ORS administrative rules do not have impact on local governments. No costs or savings are anticipated for local governments.
small businesses and persons other than businesses:
No costs or savings are anticipated because no additional processes or requirements have been created.
Compliance costs for affected persons:
ORS does not generally charge fees to access records. Compliance costs for this rule would only include nominal costs to submit a written request to the office in order to obtain records such as the cost of a piece of paper, envelope, and the postage to send the request, if sent by mail.
Comments by the department head on the fiscal impact the rule may have on businesses:
This rule does not address or regulate businesses and no impacts to businesses are anticipated from this rule. 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
515 E 100 S
SALT LAKE CITY UT 84102-4211
Direct questions regarding this rule to:
Kenneth Ransom or Catherine Taylor at the above address, by phone at 801-536-8948 or 801-536-8929, by FAX at 801-536-8509 or 801-536-8509, or by Internet E-mail at email@example.com or firstname.lastname@example.org
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:
This rule may become effective on:
Mark Brasher, Director
R527. Human Services, Recovery Services.
Release of Information. R527-5-1.
Statutory Authority. The
Office of Recovery Services' case information has been classified in accordance
with Title 63, Chapter 2, the Government Records Access and Management Act
Definitions. 1. "LCS" means Location and
Collection System, a national database maintained and controlled by the Federal
Office of Child Support Enforcement (OCSE) within the Department of Health and
Human Services (HHS), Administration for Children and Families (ACF). It contains several subsystems including
"FPLS" (Federal Parent Locator Service), "NDNH" (National
Directory of New Hires), and the Tax Refund/Administrative Offset program which
has been expanded from the former Federal Tax Offset Program. 2. Terms used in this rule, other than LCS and
FPLS, are defined either explicitly in section 63-2-103 or implicitly in the
text of subsection 63-2-201(3)(b). 3. "Restricted", as used in
subsection 63-2-201(3)(b), refers to records to which access is restricted
pursuant to court rule, another state statute, federal statute, or federal
regulation, including records for which access is governed or restricted as a
condition of participation in a state or federal program or for receiving state
or federal funds.
"Restricted" is not considered a GRAMA classification and
restricted information is not subject to the procedures for access and
disclosure outlined in GRAMA. R527-5-3.
Request for Release of Information. 1. Written requests for information governed by
GRAMA shall be submitted in accordance with section 63-2-204 to the appropriate
ORS office that maintains the record: A. OFFICE OF RECOVERY SERVICES ATTN: GRAMA P.O.
BOX 45011 515
East 100 South Salt
Lake City, Utah 84145-0011. B. OFFICE OF RECOVERY SERVICES ATTN:
MSG UNIT/GRAMA 523
Heritage Blvd., Suite 1 Layton,
Utah 84041 C. OFFICE OF RECOVERY SERVICES ATTN:
MSG UNIT/GRAMA 2540
Washington Blvd. Ogden,
Utah 84401. D. OFFICE OF RECOVERY SERVICES ATTN:
MSG UNIT/GRAMA 150
East Center St. Provo,
Utah 84606. E. OFFICE OF RECOVERY SERVICES ATTN:
MSG UNIT/GRAMA 1088
South Highway 89 Richfield,
Utah 84701. F. OFFICE OF RECOVERY SERVICES ATTN:
MSG UNIT/GRAMA 168
North 100 East St.
George, Utah 84770. 2. Written requests for expedited release of
information in accordance with section 63-2-204 shall be submitted to: A. OFFICE OF RECOVERY SERVICES ATTN: GRAMA 515
East 100 South P.O.
Box 45011 Salt
Lake City, Ut. 84145-0011 R527-5-4.
Appeal of Denial of Request for Release of Information. A
request to appeal the denial to access a record governed by GRAMA shall be
submitted in accordance with Section 63-2-401 to: 1. the Director of the Office of Recovery
Services for records maintained by Financial Services, Management Services, or
ORSIS; 2. the Regional Director of the Bureau of
Investigations and Collections (BIC) in charge of the BIC team that maintains
the record; 3. the Regional Director of Child Support
Services (CSS) in charge of the CSS team that maintains the record; 4. the Regional Director of the Bureau of
Collections for Children in Care (CIC) in charge of the CIC team that maintains
the record; or, 5. the Regional Director of the Bureau of
Medicaid Collections (BMC) in charge of the BMC team that maintains the record. R527-5-5.
Public Information. 1. In accordance with Utah Code Section
63-2-201 et.seq., information that is not classified as private, controlled,
protected or restricted is public information. 2. In accordance with Utah Code Section
63-2-306, a record may be classified or reclassified after the record has been
Private Information. 1. Private records include the following: a. information obtained from the Department of
Workforce Services; b. records concerning an individual's
eligibility for unemployment insurance benefits; c. any information, including the social
security number, about a IV-D applicant for or recipient of child support
services or a recipient of IV-A, Medicaid and Food Stamps assistance; d. any information, including the social
security number, about the children of a IV-D applicant for or recipient of
child support services or a recipient of IV-A, Medicaid and Food Stamps
assistance; e. the income of the obligee and the obligor; f. any information accessed about the obligor
or obligee from a state automated database including: (i.) records concerning occupational and
professional licenses; (ii.) ownership and control of business entities; and (iii.) records received from the state new hire
registry; g. records containing data on individuals
describing medical history, diagnosis, condition, treatment, evaluation or
similar medical data; and h. information about state employees, former employees
and applicants, except as provided for in 63-2-302. 2. Private records may be disclosed when: a. disclosure is required by other statutes; b. disclosure is for purposes directly
connected with any investigation, prosecution, or criminal or civil proceeding
conducted in connection with Utah's child support enforcement plan and all
other programs administered by the Office of Recovery Services; c. the applicant or recipient has agreed in
writing to the release of social security numbers; d. an obligor's attorney or the obligor acting
pro se needs the obligee's address in order to serve legal process as the
result of a judicial action to establish or modify an order or judgment for
bona fide child support, spousal support, medical support, or child care. This
information may not be disclosed if the obligee has requested that case
information be safeguarded; e. income information is needed to establish a
support order or review a support order for possible modification. This
information may only be released to the court or administrative Presiding
Officer, the other party or the other party's authorized representative; f. the obligor's social security number is
needed by certain governmental entities, including law enforcement agencies and
certain state agencies and; (i.) the requesting entity enforces, litigates or
investigates civil, criminal or administrative law and the record is necessary
to a proceeding or investigation; or (ii.) the requesting entity is one that collects
information for pre-sentence, probationary or parole purposes. g. A governmental agency provides written
assurance that the record is necessary to the governmental entity's duties and
functions and will be used for a purpose similar to the purposes for which ORS collected
or obtained the information and that the record use produces a public benefit
outweighing the individual privacy right protecting the record; h. The name of the obligor's employer may be
released to the obligee if the information is necessary for the obligee to file
a health insurance claim; i. the obligor's address may be released to the
obligee in locate only cases in which the obligee has not applied for child
support enforcement, but has only applied for locate services as described in
R527-069; or j. the obligor needs to be served with legal
process as the result of a judicial action that has been initiated by the
obligee pro se or obligee's attorney to establish or modify an order or
judgment for bona fide child support, spousal support, medical support, or
child care. This information may not be disclosed if the obligor has requested
that case information be safeguarded. 3. A private record shall be disclosed in
accordance with the requirements of Utah Code Section 63-2-202. R527-5-7.
Controlled Information. 1. A record is controlled if it meets the
requirements of Utah Code Section 63-2-303. 2. In accordance with Utah Code Section
63-2-202, and for purposes of this rule, a governmental entity shall disclose a
controlled record to: a. a physician, psychologist, certified social
worker, insurance provider or agent, or a government public health agency upon
submission of a release from the subject of the record that is dated no more
than 90 days prior to the date the request is made and a signed acknowledgment
of the terms of disclosure of controlled information; and b. any person to whom the record must be
disclosed pursuant to court order. R527-5-8.
Protected Information. 1. A record is protected if it meets the
requirements of Utah Code Section 63-2-304. 2. In accordance with Utah Code Section
63-2-202, and for purposes of this rule, a governmental entity shall upon
request disclose a protected record to: a. the person who submitted the record; b. any other individual who: (i.) has a power of attorney from all persons,
governmental entities, or political subdivisions whose interests were sought to
be protected by the protected classification; or (ii.) who submits a notarized release from all
persons, governmental entities, or political subdivisions whose interests were
sought to be protected by the protected classification or from their legal
representatives dated no more than 90 days prior to the date the request is
made; or c. any person to whom the record must be
provided pursuant to a court order. R527-5-9.
Restricted Information. 1. Information received from the LCS shall be
considered restricted in all ORS cases and may be used to locate individuals
for the purpose of establishing paternity or securing financial and medical
child support, or in cases involving parental kidnapping or child custody and
visitation determinations, and for no other purpose. If the information has been safeguarded, it may not be used
except as required by court order. a. To pursue access to FPLS information for the
purpose of establishing or enforcing a child custody or visitation order, a
parent or legal guardian must: i.
petition a court with proper jurisdiction to submit a request to the Office of
Recovery Services (ORS) to access the LCS on behalf of the parent or legal
guardian; and, ii.
serve a copy of the petition upon the Office of the Attorney General, Child and
Family Support Division. If
the court subsequently determines the request to be appropriate, it should
identify both parties' names and social security numbers (if known), the
children's names, and send the request to the Utah IV-D Director, ORS, Attn:
FPLS Request, P.O. Box 45011, Salt Lake City, Utah 84145-0011. 2. Information received from the Internal
Revenue Service (IRS) shall be considered restricted and may be used to
establish, modify or enforce a child support obligation, and to locate
individuals owing child support, but for no other purpose. 3. Information received from data matches with
financial institutions describing the parent's finances, assets or liabilities
shall be considered restricted and may only be used to establish, modify or
enforce a child support obligation. If
the information has been safeguarded, it may not be used except as required by
court order. 4. Information received from the Utah State Tax
Commission (USTC) concerning a taxpayer shall be considered restricted and may
only be used if the taxpayer has become obligated to ORS. ORS may provide the
information to any other state child support agency involved in enforcing the
Fees. 1. ORS will provide requested records without a
charge unless: a. The request is for records which require
compiling and reporting in another format. A fee of $25 per hour may be
charged, or $50 per hour if the request requires programmer/analyst assistance; b. The request is for an entire policy manual.
The charge for a policy manual is $75. As provided for in Utah Code Section
63-2-203, a courtesy copy will be provided at no charge to community advocacy
groups/agencies. c. The request is a repeat request by the same
requester for information already provided within the last three months. 2. When fees are charged, the fee will be $.25
per side of sheet, plus any applicable actual postage costs. R527-5-11.
Request to Amend a Record. Written
requests to contest the accuracy or completeness of a public, private, or
protected record shall be submitted in accordance with 63-2-603 to the
appropriate ORS office that maintains the record as listed in R527-5-3(1). R527-5-12.
Reconsideration of Denial to Amend a Record. Reconsideration
of a denial to a request to amend a public, private, or protected record shall
be requested in accordance with section 63-46b-13, the Utah Adminstrative
Procedures Act. KEY:
child support, confidentiality, privacy law Date of Enactment or Last Substantive
Amendment: January 2, 2002 Notice of Continuation: January 16, 2007 Authorizing, and Implemented or Interpreted
Law: 59-10-545(2); 62A-11-107;
62A-11-304.4(4); 62A-11-304.5; 63-2; 45 CFR 303.15; 45 CFR 303.70]
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For questions regarding the content or application of this rule, please contact Kenneth Ransom or Catherine Taylor at the above address, by phone at 801-536-8948 or 801-536-8929, by FAX at 801-536-8509 or 801-536-8509, or by Internet E-mail at email@example.com or firstname.lastname@example.org
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 12/11/2008 9:35 AM