DAR File No. 27109

Human Services, Recovery Services

R527-302

Income Withholding Fees

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27109
Filed: 04/21/2004, 10:01
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 of the Utah Rules of Civil Procedures. Section 78-7-44 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 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 statutes 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 and therefore, the rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Kristen Lowe at the above address, by phone at 801-536-0347, by FAX at 801-536-8833, or by Internet E-mail at klowe@utah.gov

Authorized by:

Emma Chacon, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Kristen Lowe at the above address, by phone at 801-536-0347, by FAX at 801-536-8833, or by Internet E-mail at klowe@utah.gov

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.