DAR File No. 32387

Human Services, Recovery Services

R527-38

Unenforceable Cases

NOTICE OF PROPOSED RULE

DAR File No.: 32387
Filed: 02/19/2009, 10:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a purpose and authority section and renumber the following section.

Summary of the rule or change:

Section R527-38-1 was changed to Authority and Purpose. The subsequent section was renumbered accordingly.

State statutory or constitutional authorization for this rule:

45 CFR 303.11 and Sections 62A-1-111 and 62A-11-107

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are only to add the authority and purpose of the rule and do not affect the current procedures. There is no anticipated change in cost or savings due to this amendment.

local governments:

Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not affect or apply to local government; therefore, there are no anticipated costs or savings for any local government due to this amendment.

small businesses and persons other than businesses:

Because the proposed amendment does not affect the current procedures, there will be no financial impact for small businesses.

Compliance costs for affected persons:

Because the proposed amendment does not affect the current procedures, there will be no financial impact to affected persons.

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

Passage of this proposed amended rule will have no fiscal impact on local business. 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:

07/06/2009

This rule may become effective on:

07/13/2009

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-38. Unenforceable Cases.

R527-38-1. 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 establish the criteria which a support case must satisfy to be categorized as unenforceable pursuant to 45 CFR 303.11.

 

R527-38-2. Unenforceable Case Criteria.

1. [This rule establishes the criteria which a support case must satisfy to be categorized as unenforceable. ]All of the following criteria must be met for a support case to be categorized as unenforceable:

a. The case is currently not a paying case; in that payments shall not have been posted to the case during the last 12 months; and payments are not expected to be posted in the near future.

b. No federal offset money has been received by the Office of Recovery Services (ORS) during the last two years.

c. No state tax money shall have been received by ORS within the most recent two years.

d. ORS shall have collected $1,000 or less on the case over the last two years by methods other than federal offset or state tax.

e. There are no financial institution accounts belonging to the non-custodial parent that can be attached.

f. No executable assets belonging to the non-custodial parent have been identified.

g. A credit bureau report has been accessed within the past six months indicating income or asset information is unavailable.

h. If the matter concerns a Title IV-E case, all of the children identified as being part of the case shall have been emancipated or parental rights shall have been terminated.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [August 5, 2004]2009

Authorizing, and Implemented or Interpreted Law: 45 CFR 303.11; 62A-1-111; 62A-11-107