Human Services, Recovery Services

Rule R527-394

Posting Bond or Security

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33242
Filed: 12/03/2009 01:30:53 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:

Subsection 62A-11-321(1) requires the Office of Recovery Services (ORS) to establish rules for determining when it is appropriate to seek a court order requiring a noncustodial parent to post a bond or provide other security for the payment of a support debt. Federal regulation 45 CFR 303.104(c) requires each state to develop guidelines available to the public for determining when it is not appropriate to require a noncustodial parent to post security, bond, or some other guarantee of payment of overdue support. The criteria listed in this rule meet those requirements.

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.

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

This rule continues to be necessary pursuant to state law and federal regulation. Also, it helps ensures that ORS only takes legal action against a noncustodial parent to post a bond or other security when the appropriate circumstances warrant it. Therefore, this rule should be continued.

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:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at [email protected]

Effective:

12/03/2009

Authorized by:

Mark Brasher, Director