DAR File No. 37231

Human Services, Recovery Services

Rule R527-302

Income Withholding Fees

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37231
Filed: 01/28/2013 11:54:45 AM

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:

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. Section 62A-11-406 allows the payor of income to deduct a fee for income withholding in accordance with Rule 64D, Utah Rules of Civil Procedure. Section 78A-2-216 authorizes the payor of income to withhold a $25 fee for a continuing garnishment. This rule allows the payor of income to withhold a one-time $25 fee to offset the administrative costs it incurs to process the income withholding. In addition, this rule allows payors to deduct the entire $25 in the first month of withholding or to deduct the amount in monthly increments pursuant to Section 62A-11-406.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments received since the last five-year review of the rule.

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

This rule will be continued because the statues under which this rule is enacted are still in effect and the rule is reflected in current policy, practices, and procedures of the ORS/Child Support Services (CSS). Also, the rule provides the payor of income with the option to withhold the income withholding fee in one lump sum at the beginning of the month or to deduct the amount in increments over a period of time.

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 801-536-8509, or by Internet E-mail at snance@utah.gov

Authorized by:

Liesa Corbridge, Director

Effective:

01/28/2013