DAR File No. 43682
This notice was published in the May 15, 2019, issue (Vol. 2019, No. 10) of the Utah State Bulletin.
Human Services, Recovery Services
Rule R527-394
Posting Bond or Security
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 43682
Filed: 04/29/2019 02:23:58 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:
Sections 62A-1-111 and 62A-11-107 give the Office of Recovery Services/Child Support Services (ORS/CSS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. Section 62A-11-321 requires ORS/CSS to establish rules for determining when it is appropriate to seek a court order requiring a non-custodial parent to post a bond or provide other security for the payment of a support debt. Federal regulation, 45 CFR 303.104(c), requires each state to develop guidelines available to the public for determining when it is not appropriate to require a non-custodial parent to post security, bond, or some other guarantee of payment of overdue support. The criteria listed in this rule meet those requirements.
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 written comment has 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 continues to be necessary pursuant to state law and Federal regulation. Also, it helps ensure that ORS only takes legal action against a non-custodial parent to post a bond or other security when the appropriate circumstances warrant it. 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:
- 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
- Allyson Dopp at the above address, by phone at 801-741-7521, by FAX at 801-536-8509, or by Internet E-mail at aldopp@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:
04/29/2019
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/2019/b20190515.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 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; Allyson Dopp at the above address, by phone at 801-741-7521, by FAX at 801-536-8509, or by Internet E-mail at aldopp@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. For questions about the rulemaking process, please contact the Office of Administrative Rules.