DAR File No. 42385

This notice was published in the January 1, 2018, issue (Vol. 2018, No. 1) of the Utah State Bulletin.


Human Services, Recovery Services

Rule R527-301

Non-IV-D Income Withholding

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42385
Filed: 12/15/2017 08:20:02 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:

The Office of Recovery Services (ORS) has authority to create rules necessary for the provision of services pursuant to Section 62A-11-107. This rule is authorized by Section 62A-11-502 which authorizes immediate income withholding for child support orders issued or modified on or after 01/01/1994. Section 62A-11-502 also contains specific restrictions and regulations that the agency has implemented. Section 62A-11-504 authorizes ORS to commence income withholding when an obligor or obligee applies for IV-D services with ORS. In addition, this rule provides information on enforcement upon a payor that fails to comply with the Notice to Withhold in accordance with Section 62A-11-506.

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 needs to be continued because it provides information regarding the ongoing responsibilities of ORS with regards to Non-IV-D Income Withholding. This rule defines the ORS's limits to income withholding in regards to collection of child care expenses. This rule provides information to custodial and non-custodial parents when a payor fails to comply with the Notice to Withhold. This rule provides information regarding how income withholding may be terminated. In addition, this rule provides information on how income withholding payments will be handled when the custodial parent's mailing address is unknown.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

  • 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.