Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since February 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R527. Human Services, Recovery Services.

Rule R527-920. Mandatory Disbursement to Obligee Through Electronic Funds Transfer.

As in effect on February 1, 2019

Table of Contents

R527-920-1. Authority and Purpose.

(1) Section 62A-11-107 authorizes the Office of Recovery Services/Child Support Services (ORS/CSS) to adopt, amend and enforce rules. Section 62A-11-704 authorizes ORS/CSS to make rules to allow exceptions to mandatory disbursements by electronic funds transfer.

(2) The purpose of this rule is to outline the procedures for establishing electronic funds transfers to obligees and to specify appropriate exceptions to the requirement for ORS/CSS to make disbursements by electronic funds transfer as allowed in Section 62A-11-704.

R527-920-2. Procedures.

(1) ORS/CSS will notify obligees that have enforceable support orders of the available options for receiving electronic funds transfers. Written information about electronic funds transfer options will be sent to the best available addresses for eligible obligees.

(2) Written information about electronic funds transfer options will be sent at the following points in time if an obligee has not already arranged for electronic funds transfers:

(a) When Section 62A-11-704, mandating disbursement through electronic funds transfers, is implemented by ORS/CSS;

(b) When a new case is opened with ORS/CSS that is accompanied by an enforceable support order;

(c) When a first-time support order is established for an open case with ORS/CSS;

(d) When an established account for receiving electronic funds transfers is no longer appropriate for future transfers; or,

(e) When a previously-selected method for receiving electronic funds transfers will no longer be offered by ORS/CSS.

(3) Written information about electronic funds transfer options will be sent to obligees that have previously enrolled in this service in the following situations:

(a) When a previously-established account for receiving electronic funds transfers is no longer available to the obligee for future transfers; or,

(b) When a previously-selected method for receiving electronic funds transfers will no longer be offered by ORS/CSS.

(4) Upon receiving the written information about electronic funds transfer options, each obligee will be allowed to select from the available options and return the form to ORS/CSS to indicate his or her preferred method for receiving electronic payments. If an obligee fails to indicate a preference or fails to provide the necessary information to establish the preferred method of electronic funds transfer within sixty days of the date on the written notice, ORS/CSS has the option of enrolling that obligee in a plan to receive payments in an account that may be accessed through the use of an electronic access card.

(5) Payments will be disbursed by paper checks while the method of electronic funds transfer is established.

R527-920-3. Exceptions.

(1) Exceptions to mandatory disbursements through electronic funds transfer are allowed as follows:

(a) For a period of no more than 60 days after a case is opened with an enforceable support order;

(b) For a period of no more than 60 days after a first-time support order is established;

(c) For a period of no more than 60 days while an obligee changes the account to be used for receiving future electronic funds transfers; or,

(d) For an indefinite time period if an obligee resides in a foreign country and an electronic funds transfer cannot be facilitated;

(2) The ORS or ORS/CSS Director may approve additional exceptions to mandatory disbursements through electronic funds transfers on a case-by-case basis if the obligee presents a request in writing and can demonstrate that electronic funds transfers would result in an undue hardship to that obligee. The ORS or ORS/CSS Director will determine the duration of the exception based on the individual circumstances.

(3) Disbursements through electronic funds transfer will not be mandatory for ORS/CSS if technical problems prevent successful electronic disbursement within the federally-mandated disbursement time frames found in 45 CFR 302.32.

KEY

electronic funds transfer, child support

Date of Enactment or Last Substantive Amendment

June 27, 2008

Notice of Continuation

March 23, 2018

Authorizing, Implemented, or Interpreted Law

62A-1-111; 62A-11-107; 62A-11-704


Additional Information

Contact

For questions regarding the content or application of rules under Title R527, please contact the promulgating agency (Human Services, Recovery Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.