Human Services, Recovery Services

Rule R527-450

Federal Tax Refund Intercept

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33201
Filed: 11/24/2009 01:03:49 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary to carry out its legal responsibilities listed in Title 62A, Chapter 11, including the collection of child and spousal support, and cooperation with the federal government in programs designed to recover money to the state. 45 CFR 303.72 outlines federal requirements for requesting collection of past-due support by federal tax refund intercept and how collections received by ORS shall be distributed. As authorized under these laws, this rule provides the certification criteria for federal tax intercept, the notice requirements, the conditions under which an earned income credit may be refunded, the requirement for distribution of funds collected through this process, and when ORS is required to delete or modify a previously certified debt.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides the information necessary for certifying a support debt for federal tax refund intercept, for making necessary refunds and adjustments, and for distributing collected amounts. The rule should be continued since the laws upon which it is based are still in effect. The Office of Recovery Services has identified that the rulemaking authority needs to be made to this rule. The amendment to correct this will be filed shortly.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Shancie Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at snance@utah.gov

Effective:

11/24/2009

Authorized by:

Mark Brasher, Director