Human Services, Recovery Services

Rule R527-412

Intercept of Unemployment Compensation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36675
Filed: 08/21/2012 05:00:55 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:

This rule is enacted under Subsection 35A-4-103(5), which authorizes the Department of Workforce Services to deduct and withhold money from an individual's unemployed compensation when that individual owes child support obligations. Section 62A-11-401 defines "immediate income withholding" and references Section 62A-11-103, which includes unemployment compensation benefits in the definition of "income". The rule references the income withholding criteria in Rule R527-300, which unemployment compensation is subject to, and Section 303(b) of the Consumer Credit Protection Act (15 USC Section 1643), which provides the exceptions to withholding 25% of the obligor�s income and specifies the maximum percentage of income that may be withheld.

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 during or 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:

The statutes under which this rule is enacted are still in effect. In addition, Rule R527-300 (Income Withholding) and Section 303(b) of the Consumer Credit Protection Act (15 USC Section 1643), which are referenced in the text of the rule remain in effect as well. The rule clarifies that unemployment compensation may be subject to garnishment if income withholding criteria do not apply, and allows for an obligor to volunteer to pay more than the required amount. These provisions are reflected in current Office of Recovery Services policy, procedures, and practices. 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 lwilber@utah.gov

Authorized by:

Mark Brasher, Director

Effective:

08/21/2012