File No. 33301

This notice was published in the February 1, 2010, issue (Vol. 2010, No. 3) of the Utah State Bulletin.

Human Services, Recovery Services

Rule R527-40

Retained Support

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33301
Filed: 01/04/2010 03:43:52 PM


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 gives the Office of Recovery Services (ORS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. Under Section 62A-11-307, an obligee whose rights have been assigned must immediately deliver payments received by the obligor directly to ORS. If an obligee fails to follow these procedures, ORS may recover the assigned support that has been inappropriately retained by the obligee. This rule was adopted to provide a clear definition of "retained support" and to explain when the $50 pass-through payment would be appropriate for credit on support payments that were retained by the obligee.

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 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 should continue because the laws and policies dealing with retained support are still in effect and the rule gives essential clarification, procedures, and explanation relating to the laws and policies. Recovery of assigned support is essential and is used to reimburse the state for funds spent on the family.

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



Authorized by:

Mark Brasher, Director

Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Shancie Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at