DAR File No. 42720

Human Services, Recovery Services

Rule R527-920

Mandatory Disbursement to Obligee Through Electronic Funds Transfer

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42720
Filed: 03/23/2018 08:38:53 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-1-111 allows the Department of Human Services (DHS) the authority to adopt rules that DHS considers necessary or desirable. Section 62A-11-704 requires ORS to distribute child support payments by electronic funds transfer. This statute also allows ORS to make rules to allow exceptions to this requirement when the circumstances for requiring distribution by electronic funds transfer would result in an undue hardship to ORS or a person, or it is not likely the distribution would be made on a recurring basis.

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 this 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 should be continued because the statutes under which this rule is enacted are still in effect, and this rule is reflected in current policy, practices, and procedures of the Office of Recovery Services/Child Support Services (ORS/CSS). This rule provides information as to when written information regarding electronic funds transfer options will be sent to an obligee on an ORS/CSS case. In addition, this rule provides an obligee with a time frame to provide a response as to his/her preferred method for receiving electronic payments and that ORS/CSS may enroll an obligee in a plan if no response is received. Finally, this rule provides exceptions as to when mandatory disbursements through electronic funds transfer may be appropriate or approved.

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:

• 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
• Jonah Shaw at the above address, by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov

Effective:

03/23/2018

Authorized by:

Liesa Stockdale, Director