Human Services, Recovery Services

Rule R527-255

Substantial Change in Circumstances

Notice of Proposed Rule

(Amendment)

DAR File No.: 36680
Filed: 08/21/2012 06:12:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to update and correct the Utah Code reference from "78B-12-217 and 78B-12-218" to "78B-12-210".

Summary of the rule or change:

In Section R527-255-3, deletes the references "78B-12-217 and 78B-12-218" and adds "78B-12-210". Also deletes the references "78B-12-217 and 78B-12-218" and adds "78B-12-210" in the Authorizing, and Implement or Interpreted Law.

State statutory or constitutional authorization for this rule:

• Section 62A-11-320.6
• Section 62A-11-107
• Section 62A-11-320.5
• Section 78B-12-210

Anticipated cost or savings to:

the state budget:

There are no anticipated costs to the state budget because the change to the rule is only to delete and update some Utah Code citations.

local governments:

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

small businesses:

There are no anticipated costs for small businesses because the change to the rule is only to delete and update some Utah Code citations.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs for persons because the change to the rule is only to delete and update some Utah Code citations.

Compliance costs for affected persons:

There are no costs as the change to the rule is only to delete and update some Utah Code citations.

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

There are no costs as the change to the rule is only to delete and update some Utah Code citations.

Palmer Depaulis, 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:

10/15/2012

This rule may become effective on:

10/22/2012

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-255. Substantial Change in Circumstances.

R527-255-1. Authority and Purpose.

1. The Office of Recovery Services is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

2. The purpose of this rule is to provide information about when a parent can request a review of the child support amount when a support order is less than three years old, and to identify what must be included for a request for review to be complete. The rule also defines when a change in circumstance is considered temporary or permanent.

 

R527-255-2. Request for Review based on Substantial Change in Circumstances.

1. A parent may request a less than three year review of a support order based on an alleged substantial change in circumstances. For the request to be complete, the parent must provide documentation of the alleged change at his/her own expense.

 

R527-255-3. Duration of the Change in Circumstances.

1. If the change in circumstances is projected to be temporary, defined as less than 12 months in duration, the office shall not initiate proceedings to adjust the award.

2. If the change in circumstances is projected to be long term or permanent, defined as 12 months or more in duration, the office shall initiate proceedings to adjust the award pursuant to Section[s 78B-12-217 and 78B-12-218]78B-12-210.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [August 13, 2008]2012

Notice of Continuation: June 12, 2012

Authorizing, and Implemented or Interpreted Law: 62A-11-107; [78B-12-217; 78B-12-218; ]62A-11-320.5; 62A-11-320.6; 78B-12-210