Human Services, Recovery Services

Rule R527-35

Non-IV-A Fee Schedule

Notice of Proposed Rule

(Amendment)

DAR File No.: 33277
Filed: 12/15/2009 04:02:59 PM

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. In addition, the date of the Federal citation was updated to reflect the most recent available version of this section of the Federal Code. The implemented Federal citation was added to the list of Authorizing, Implemented, or Interpreted laws at the end of the rule.

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 specific information regarding fees that may be charged by ORS on Non-IV-A cases and the exact amount of the fee for a specific situation on a case. In addition, the date of the Federal citation was updated to reflect the most recent available version of this section of the Federal Code. The implemented Federal citation was added to the list of Authorizing, Implemented, or Interpreted laws at the end of the rule.

State statutory or constitutional authorization for this rule:

• Section 62A-11-107

This rule or change incorporates by reference the following material:

• Updates: 45 CFR 302.33, 01/01/2008

Anticipated cost or savings to:

the state budget:

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

local governments:

There is no anticipated change in cost or 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:

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.

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

There will be no financial impact for 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 and costs 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 rule or 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 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

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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-35. Non-IV-A Fee Schedule.

R527-35-1. Authority and Purpose.

1. The Office of Recovery Services/Child Support Services (ORS/CSS) is authorized to adopt, amend, and enforce rules by Section 62A-11-107.

2. The purpose of this rule is to provide information regarding the ORS/CSS fee schedule for Non-IV-A cases which is authorized by Federal Regulations found at 45 CFR 302.33. This rule outlines when a fee will be charged and the amount that will be assessed on a case that qualifies for a particular fee.

 

R527-35-2. Non-IV-A Fee Schedule.

Pursuant to 45 CFR 302.33 [(2001)](2008) the Office of Recovery Services may charge an applicant or recipient of child support services who is not receiving IV-A financial assistance or Medicaid, one or more fees for specific services. These fees are itemized below:

The following fee, which has been established by the federal government:

1. the full IRS enforcement fee of $122.50 is charged if a case qualifies for full IRS collection services, the obligee requests those services, and the amount of the child support obligation is certified for those services by the United States Secretary of the Treasury.

The following fees, which have been established by the Office:

1. a Parent Locator Service fee of $20.00. This fee is waived if the case was closed within the last 12 months for the reason CTF (cannot find the non-custodial parent) or AFC (non-custodial parent lives in a foreign jurisdication);

2. the cost of genetic testing if the alleged father is excluded as the biological father;

3. an administrative fee of $5.00 per payment processed, not to exceed $10.00 per month;

4. a fee of $25.00, to be paid at the time the obligor's federal tax refund is intercepted to offset a Non-IV-A support arrearage if the refund is $50.00 or more. If the refund is more than $25.00 but less than $50.00, the fee is the refund amount minus $25.00;

5. the Child Support Lien Network (CSLN) fee of $52.00, to be paid at the time the levy is processed.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [February 22, 2006]2010

Notice of Continuation: January 16, 2007

Authorizing, and Implemented or Interpreted Law: 45 CFR 302.33; 62A-11-107