DAR File No. 32391

Human Services, Recovery Services

R527-394

Posting Bond or Security

NOTICE OF PROPOSED RULE

DAR File No.: 32391
Filed: 02/19/2009, 10:56
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 R527-394-1 was changed to Authority and Purpose. The subsequent section was renumbered accordingly. In the "Criteria" section, a reference to 45 CFR 303.104 was removed as this information is now included in the "Authority and Purpose" section. The word "must" was replaced with "may" to allow the office and its appointed Attorney General representation discretion in determining appropriate case actions on a case-by-case basis.

State statutory or constitutional authorization for this rule:

Sections 62A-1-111, 62A-11-107, and 62A-11-321, and 45 CFR 303.104

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.

R527-394. Posting Bond or Security.

R527-394-1. 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 meet the requirements of 45 CFR 303.104 that the office develops guidelines to determine whether posting bond or security is appropriate on a support case.

 

R527-394-2. Criteria.

[According to Federal regulation, 45 CFR 303.104, t]The Office of Recovery Services [must]may petition the court to require the obligor to post bond or provide other security for the payment of a support debt if:

1. the Office determines the obligor has or has had the ability to pay but has failed or refused to pay, and;

2. the obligor has the ability to provide bond or security and to pay court ordered child support, and;

3. the Office determines that income withholding and garnishment are not viable or cost effective methods of collecting the support obligation, and;

4. the obligor has not made a payment during the period of 90 days prior to the time of a petition to the court in accordance with section (1) above, and;

5. the circumstances of the case include one of the following conditions:

a. the obligor is self-employed, voluntarily unemployed or underemployed, or receives income-in-kind, or;

b. the obligor realizes income from seasonal or other irregular employment or from commissions, or;

c. there is reason to believe that the obligor is preparing to leave the state.

 

KEY: child support, bonding requirements

Date of Enactment or Last Substantive Amendment: [1990]2009

Notice of Continuation: May 12, 2005

Authorizing, and Implemented or Interpreted Law: 62A-1-111; 62A-11-107; 62A-11-321; 45 CFR 303.104