DAR File No. 42391
This notice was published in the January 1, 2018, issue (Vol. 2018, No. 1) of the Utah State Bulletin.
Human Services, Recovery Services
Administrative Notice of Lien-Levy Procedures
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 42391
Filed: 12/15/2017 10:50:33 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-11-304.1 authorizes ORS to implement liens and levies (attach and seize) to satisfy past-due support, subject to the obligor's right to contest the lien-levy action, and the amount claimed to be past due. The statute permits ORS to attach and seize the assets of an obligor held in financial institutions. The statute further permits ORS to attach and seize public and private retirement funds if the obligor is receiving periodic payment or has the authority to make withdrawals from the retirement account.
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 is based on Section 62A-11-304.1, which is still in effect and the lien-levy procedures described in this rule are reflected in current ORS policy and procedures. This rule establishes procedures regarding the release of funds to an unobligated spouse when the unobligated spouse is a co-owner of a financial account or joint-recipient of certain non-means tested payments and contests a lien-levy action upon any of those assets. 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 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 firstname.lastname@example.org
- Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at email@example.com
- Scott Weight at the above address, by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at firstname.lastname@example.org
Liesa Stockdale, Director
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 email@example.com; Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at firstname.lastname@example.org; Scott Weight at the above address, by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.