DAR File No. 43440

Human Services, Recovery Services

Rule R527-275

Passport Release

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43440
Filed: 12/14/2018 02:03:12 PM

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. 22 CFR 51.60 states that the Department of Human Services (Department) may not issue/may refuse to issue a passport if the applicant has been certified by the Secretary of Health and Human Services as owing child support arrears in an amount as determined by statute. 22 CFR 51.70 details the time frames and restrictions as to when a person whose passport has been denied or revoked is entitled to a hearing, and when the provisions are not applicable to an individual. 22 CFR 51.71 provides specific information about who conducts the hearings, who may appear, and witnesses information. 22 CFR 51.72 states that a qualified reporter will make a complete verbatim transcript of the hearing, and that transcript and documents received by the hearing officer will constitute the record of hearing. 22 CFR 51.73 outlines the privacy of the hearing. 22 CFR 51.74 states that the Deputy Assistant Secretary for Passport Services decides whether to uphold the denial or revocation of the passport, and that the Department will promptly notify the person in writing of the decision.

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 federal regulations that are incorporated by reference are still in effect and this rule is reflected in current policy, procedures, and practices of the ORS. In addition, this rule informs the public of the criteria used by ORS to release a passport that has been previously denied.

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 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov

Effective:

12/14/2018

Authorized by:

Liesa Stockdale, Director