Human Services, Recovery Services

Rule R527-37

Closure Criteria for Support Cases

Notice of Proposed Rule

(Amendment)

DAR File No.: 33332
Filed: 01/19/2010 04:17:37 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 which has been incorporated by reference.

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 the federal regulations at 45 CFR 303.11, referenced within the rule, which detail case closure criteria for IV-D agencies.

State statutory or constitutional authorization for this rule:

• Section 62A-11-107
• Section 62A-1-111

This rule or change incorporates by reference the following material:

• Updates: 45 CFR 303.11, October 1, 2008 ed., 10/01/2008

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. 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 this amendment of this rule since the basic requirements of the 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 this amendment of this rule since the basic requirements of the rule will not change.

Compliance costs for affected persons:

There will be no change in compliance costs due to this amendment since the procedures 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 the changes will not 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:

03/17/2010

This rule may become effective on:

03/24/2010

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-37. Closure Criteria for Support Cases.

R527-37-1. 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. The Office of Recovery Services is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

2. The purpose of this rule is to provide the federal regulation that is incorporated by reference.

 

R527-37-2. Closure Criteria for Support Cases.

This rule establishes the criteria a support case must meet in order to be eligible for case closure under federal regulations. The Office of Recovery Services adopts the federal regulations as published in 45 CFR 303.11, October 1, [1991]2008 ed., which are incorporated by reference.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [1992]2010

Notice of Continuation: September 7, 2007

Authorizing, and Implemented or Interpreted Law: 62A-11-107; 62A-1-111