Human Services, Recovery Services

Rule R527-3

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 32952
Filed: 09/09/2009 03:19:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to comply with Subsections 63G-3-301(11) and (12) which state that a proposed rule becomes effective on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period under Subsection 63G-3-301(11), nor more than 120 days after the publication date. At the same time as this amendment, another filing is being made to add the authority and purpose and new definitions back in. (DAR NOTE: The proposed amendment to Rule R527-3 that puts the language back in is under DAR No. 32953 in this issue, October 1, 2009, of the Bulletin.)

Summary of the rule or change:

The changes delete Section R527-3-1, Authority and Purpose, and the CP (Subsection R527-3-2(23)) and NCP (Subsection R527-3-2(24)) definitions.

State statutory or constitutional authorization for this rule:

• Section 62A-11-103
• Section 62A-11-401
• Section 62A-11-303
• Section 78B-14-102

Anticipated cost or savings to:

the state budget:

Amending this rule will have no fiscal impact on the department since it is being put back into effect at the same time, resulting in no lapse or change in rule content.

local governments:

Amending this rule will not affect local governments since the rule deals solely with internal procedures of the Office of Recovery Services/Child Support Services (ORS/CSS).

small businesses:

Amending this rule will have no fiscal impact on small businesses because it is being put back into effect at the same time, resulting in no lapse or change in rule content.

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

Amending this rule will have no fiscal impact on other persons because it is being put back into effect at the same time, resulting in no lapse or change in rule content.

Compliance costs for affected persons:

Amending this rule will have no fiscal impact on individuals, associations, entities, etc., since it will be put back into effect at the same time resulting in no lapse or change in rule content.

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

Amending this rule will have no fiscal impact on individuals, associations, entities, etc., since another amendment is being filed at the same time to add the information back to the rule resulting in no lapse or change in rule content. Both filings will be put into effect on the same day resulting in no lapse or change in rule content.

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:

11/02/2009

This rule may become effective on:

11/09/2009

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-3. Definitions.

R527-3-1. [ 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 identify the terms and definitions used by the Office of Recovery Services/Child Support Services not currently defined by law.

R527-3-2. ]Definitions.

1. Terms used in this title, R527, are defined in Section 62A-11-103, 62A-11-303, 62A-11-401, and 78B-14-102. In addition, the following terms are defined:

2. "ORS" means the Office of Recovery Services.

3. "ORSIS" means the Office of Recovery Services Computer Information System.

4. "BMC" means the Bureau of Medical Collections.

5. "CIC" means the Bureau for Children in Care.

6. "CSS" means Child Support Services.

7. "MSS" means Management Support Services.

8. "CSU" means the Customer Service Unit.

9. "BFS" means the Bureau of Financial Services.

10. "BET" means the Bureau of Electronic Technology.

11. "OT" means the Office of Technology.

12. "IV-D agency" refers to the state agency that administers a child support program under Title IV-D of the Social Security Act.

13. "IV-D recipient" refers to a person who receives IV-D services.

14. "IV-A" refers to Title IV-A of the Social Security Act.

15. "IV-A agency" refers to the state agency that administers a public entitlement program under Title IV-A of the Social Security Act.

16. "IV-A recipient" refers to a person who receives IV-A benefits.

17. "UIFSA" refers to Title 78B, Chapter 14 (Uniform Interstate Family Support Act) which replaces "URESA", Title 77, Chapter 31 (Uniform Reciprocal Enforcement of Support Act).

18. "AFDC" refers to the former Aid to Families with dependent children program.

19. "FEP" refers to the Family Employment Program which is funded by "TANF" (Federal Temporary Assistance for Needy Families).

20. "Pass-through payment" as used in R527-40-1(3) refers to the first $50 of the current support that ORS collected for a month in which the custodial parent received AFDC. The IV-A agency paid this amount to the AFDC household prior to March, 1997.

21. "IRS" refers to the Internal Revenue Service.

22. "TPL" means Third Party Liability.[

23. "CP" means custodial parent.

24. "NCP" means non-custodial parent.]

KEY: child support, welfare

Date of Enactment or Last Substantive Amendment: [ July 13 ], 2009

Notice of Continuation: September 4, 2007

Authorizing, and Implemented or Interpreted Law: 62A-1-111; 62A-11-103; 62A-11-107; 62A-11-303; 62A-11-401; 78B-14-102