DAR File No. 32496

Human Services, Recovery Services

R527-601

Establishing or Modifying an Administrative Award for Child Support

NOTICE OF PROPOSED RULE

DAR File No.: 32496
Filed: 04/06/2009, 12:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is to add the department and office authority for creating, amending, and enforcing administrative rules.

Summary of the rule or change:

The change is to add an authority and purpose section to the existing rule. Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. A purpose section was added to provide an indication of what information can be found in the rule in regards to best evidence available when establishing or modifying an administrative order.

State statutory or constitutional authorization for this rule:

Sections 62A-1-111, 62A-11-107, 78B-12-201, and 78B-12-203

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. There is no anticipated change in cost or savings due to this amendment.

local governments:

There is no anticipated change in cost of savings due to this amendment since administrative rules of the Office of Recovery Services/ Child Support Services (ORS/CSS) do not apply to local government.

small businesses and persons other than businesses:

There will be no financial impact for small businesses due to the amendment of this rule since the basic requirements of the current rule will not change. There will be no financial impact to other persons due to the amendment of this rule since the basic requirements of the current rule will not change.

Compliance costs for affected persons:

There will be no change in compliance costs due to this amendment since the procedures are not changing with the amendment of the current rule.

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

Businesses are not addressed in the proposed changes, and it is not anticipated that the changes 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:

Shancie Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at shancielawton@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.

R527-601. Establishing or Modifying an Administrative Award for Child Support.

R527-601-1. 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 (ORS) 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 as to when ORS will use best available income, what is considered best evidence available, and the procedures that must be taken for best evidence available to be used when establishing or modifying an administrative order.

 

R527-601-2. Documentation of Income.

When complete documentation of current income as required by Section 78B-12-203 is not available for both parents in an administrative default, participation, or stipulation proceeding, the office shall use the best evidence available to determine the appropriate child support award, in accordance with Section 78B-12-201.

 

R527-601-[2]3. Definition.

Best evidence available shall include the following: an affidavit from a cooperating parent concerning the income of a parent who is not cooperating in providing documentation of his/her income; historical records including old tax returns, pay stubs, employer statements, or Department of Workforce Services records; market rate earned by persons with the same occupation as reported by the Department of Workforce Services; or the federal minimum wage.

 

R527-601-[3]4. Procedures.

Prior to using the best evidence available to establish or modify an administrative order, the office shall mail a copy of an affidavit describing the evidence to the last known address of the uncooperative parent against whom the evidence is being used.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [October 16, 1997]2009

Notice of Continuation: September 7, 2007

Authorizing, and Implemented or Interpreted Law: 62A-1-111; 62A-11-107; 78B-12-201; 78B-12-203