DAR File No. 42384
This notice was published in the January 1, 2018, issue (Vol. 2018, No. 1) of the Utah State Bulletin.
Human Services, Recovery Services
Rule R527-260
Driver License Suspension for Failure to Pay Support
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 42384
Filed: 12/15/2017 07:56:20 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. This rule is authorized under Section 62A-11-601, which is known as the Administrative License Suspension Child Support Enforcement Act. Section 62A-11-603 authorizes ORS to suspend a non-custodial parent's (NCP) driver license if the NCP is delinquent on a child support obligation. In addition, the law provides notification requirements for this action as well as providing an informal adjudicative proceeding, which allows the NCP to contest the suspension of his/her driver license. The statute also permits the office to enter into payment agreements with the NCP to pay current child support arrears that are owed. Notification requirements to suspend or rescind an order are found in Section 62A-11-604.
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.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule is necessary as it provides information regarding ORS�s ongoing responsibilities with driver license suspension. This rule provides ORS with criteria for suspending the NCP's driver license, as well as the requirements to notify the NCP by sending the Notice of Agency Action. This rule provides information for entering into repayment agreement with the NCP as well as the outcome for compliance or failure to comply with the agreement. This rule provides ORS with a requirement to have approval from the ORS/Child Support Services Supervisory Review Panel prior to suspending the NCP's driver license. In addition, this rule provides the procedures for rescission of the driver license suspension. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Human ServicesRecovery Services
515 E 100 S
SALT LAKE CITY, UT 84102-4211
Direct questions regarding this rule to:
- Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov
- Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov
- Kimia Golchin at the above address, by phone at 801-741-7409, by FAX at 801-536-8540, or by Internet E-mail at kimiagolchin@utah.gov
Effective:
12/15/2017
Authorized by:
Liesa Stockdale, Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2018/b20180101.pdf. 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 Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov; Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov; Kimia Golchin at the above address, by phone at 801-741-7409, by FAX at 801-536-8540, or by Internet E-mail at kimiagolchin@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.