DAR File No. 32494

Human Services, Recovery Services

R527-275

Passport Denial

NOTICE OF PROPOSED RULE

DAR File No.: 32494
Filed: 04/02/2009, 10:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to establish and clarify procedures for the Office of Recovery Services/Child Support Services (ORS/CSS) to deny an individual's passport for failure to pay child support pursuant to 18 U.S.C 1073, 42 U.S.C 652(k) and federal regulation at 22 CFR 51.60, 51.70, 51.71(1), 51.72, 51.73, and 51.74.

Summary of the rule or change:

Section R527-275-1 contains two subsections. The first one states the legal authority that has been granted to ORS/CSS to create rules. The second one contains a statement describing the purpose of this specific rule. Section R527-275-2 includes the incorporation of federal regulation. Section R527-275-3 provides the criteria for an obligor to get his passport released after it has been denied by ORS/CSS for failure to pay child support.

State statutory or constitutional authorization for this rule:

18 U.S.C. 1073, 42 U.S.C. 652(k), 22 CFR 51.60, 51.70, 51.71(1), and 51.72, and Section 62A-11-107

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state because the new rule only provides added clarification for ORS/CSS to release an obligor's passport when it has been suspended for failure to pay child support. The office has been and is still required to provide the same services pursuant to federal regulations and state law.

local governments:

There are no anticipated costs to the local government because administrative rules of ORS/CSS do not apply to local government.

small businesses and persons other than businesses:

There are not anticipated costs for small business because the changes affect the internal procedures of the ORS/CSS and provide clarification to the child support staff. Obligated parents who qualify for passport suspension may incur some costs as a result of this rule and its underlying statutes. However, ORS/CSS cannot provide firm figures because there is no way to predict how many obligors will pay back a child support arrearage due to having their passports denied for failure to pay child support. It is anticipated that obligee parents and their children will experience a fiscal benefit in those cases where the procedures outline in this rule cause an obligor to make regular child support payments; however, those benefits will vary based on the individual child support orders and the associated dollar amount of the arrears that are owed, which makes this benefit impossible to estimate.

Compliance costs for affected persons:

Obligated parents who qualify for passport suspension may incur some costs as a result of this rule and its underlying statutes. However, ORS/CSS cannot provide firm figures because there is no way to predict how many obligors will pay back a child support arrearage due to having their passports suspended for failure to pay child support.

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

Businesses are not addressed in the proposed rule, and it is not anticipated this rule will create any fiscal impact on them. Lisa Michele 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:

06/01/2009

This rule may become effective on:

06/08/2009

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-275. Passport Release.

R527-275-1. Purpose and Authority.

1. The Office of Recovery Services is authorized to create rules necessary for the provision of social services by Section 62A-11-107.

2. The purpose of this rule is to specify the procedures for the office to release an obligor's passport after it has been denied for failure to pay child support.

 

R527-275-2. Federal Requirements.

The Office of Recovery Services/Child Support Services (ORS/CSS) adopts the federal regulations as published in 22 CFR 51.60, 51.70, 51.71(1), 51.72, 51.73, and 51.74 April 1, 2008 ed., which are incorporated by reference in this rule.

 

R527-275-3. Passport Release Criteria.

1. If the obligor applies for a new passport or to have a previously-issued passport renewed and is notified that the application has been denied for failure to pay child support, the obligor must contact ORS/CSS to get the passport released. The passport will be released if the obligor pays all past-due child support owing to the state IV-D Agency and/or obligee.

2. If the obligor's employment requires a valid passport or there are other extenuating circumstances that require the obligor to maintain a valid passport, an exception may be granted if:

a. the case is IV-A - if the ORS or CSS Director approves an exception to the payment-in-full requirement.

b. the case is non-IV-A:

i. if the ORS or CSS Director approves an exception to the payment-in-full requirement; and,

ii. if the child support is owed to the obligee, ORS/CSS is able to obtain written approval from the obligee to release the passport.

 

KEY: child support, passport

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, and Implemented or Interpreted Law: 18 U.S.C. 1073; 22 CFR 51.60; 51.70; 51.71(1); 51.72; 51.73; 51.74; 62A-11-107