Human Services, Recovery Services

Rule R527-412

Intercept of Unemployment Compensation

Notice of Proposed Rule

(Amendment)

DAR File No.: 33243
Filed: 12/03/2009 01:38:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add the purpose and authority to the rule and the citations to Sections 62A-1-11 and 62A-11-107 to the Authorizing, and Implemented or Interpreted Law section of the rule.

Summary of the rule or change:

Section R527-332-1 was changed to the Authority and Purpose statement. The subsequent section was renumbered accordingly. Sections 62A-1-111 and 62A-11-107 legal citations were added to the Authorizing, and Implemented or Interpreted Law section of the rule.

State statutory or constitutional authorization for this rule:

• Subsection 35A-4-103(5)
• Section 62A-1-111
• Section 62A-11-107
• Section 62A-11-401

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 do not affect local government. There are no anticipated costs or savings for any local businesses due to this amendment.

small businesses:

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

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

Because the proposed amendment does not affect the current procedures, there is no financial impact for other persons due to the amendment.

Compliance costs for affected persons:

Because the proposed amendment does not affect the current procedures, there is 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 [email protected]

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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-412. Intercept of Unemployment Compensation.

R527-412-1. 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. The Office of Recovery Services is authorized to create rules necessary to fulfill its duties by Section 62A-11-107.

2. The purpose of this rule is to define the conditions under which the Office of Recovery Services may collect child support from unemployment compensation and the legal limitations on those amounts.

 

R527-412-2. Intercept of Unemployment Compensation.

1. Unemployment compensation shall be subject to income withholding if the case meets the criteria in R527-300. If for any reason the unemployment compensation is not subject to income withholding, the unemployment compensation may be subject to garnishment.

2. The obligor may volunteer but shall not be required to pay more than 50% of his gross Unemployment Compensation benefit, or the maximum amount permitted under Section 303(b), Consumer Credit Protection Act, 15 USC 1673(b). If the obligor volunteers to pay more than 50% of the Unemployment Compensation benefit or more than the maximum amount permitted under Section 303(d), Consumer Credit Protection Act, 15 USC 1673(b), that agreement shall be in writing.

 

KEY: child support, unemployment compensation

Date of Enactment or Last Substantive Amendment: [1992]2010

Notice of Continuation: September 5, 2007

Authorizing, and Implemented or Interpreted Law: 35A-4-103(5); 62A-1-111; 62A-11-107; 62A-11-401