R527. Health and Human Services, Recovery Services.

R527-200. Administrative Procedures.

R527-200-1. Authority and Purpose.

(1)(a) Section 26B-1-202 authorizes the Department of Health and Human Services to create rules necessary for social services.

(b) Section 26B-9-108 authorizes the Office of Recovery Services (office) to adopt, amend, and enforce rules.

(2) This rule establishes procedures for an informal adjudicative proceeding pursuant to Section 63G-4-203 including:

(a) establishing the form of an adjudicative proceeding;

(b) providing procedures for requesting and obtaining a hearing when an adjudicative proceeding is initiated by a notice of agency action;

(c) providing procedures and standards for orders resulting from the administrative process;

(d) providing procedures for an informal adjudicative proceeding;

(e) providing procedures for the conduct of a hearing or another informal adjudicative proceeding;

(f) providing procedures for requesting reconsideration;

(g) providing procedures for a motion to set aside a default order;

(h) providing procedures for amending an administrative order;

(i) providing procedures for setting aside an administrative order; and

(j) providing procedures for requesting a judicial review.

R527-200-2. Definitions.

Terms used in this rule are defined in Sections 26B-9-201 and 63G-4-103. Additionally:

(1) "Files" means records about custodial and noncustodial parents contained in open child support services cases where both paper and electronic case information may be stored.

(2) "Location information" means:

(a)(i) the current, verified residential address of a custodial parent or noncustodial parent; and

(ii) if different and known to the office, the current, verified residential address of any child named in a parent-time order that specifies time periods when the child shall be with the noncustodial parent pursuant to Title 81, Chapter 9, Custody, Parent-time, and Visitation; or

(b) if a current, verified residential address is not available, an employment address, if known.

(3) "Other location information" means a verified, non-residential mailing address, such as a post office box or rural route, where a party whose location information is being sought receives mail.

(4) "Participate" means to:

(a) present relevant information to the presiding officer within the time period described by statute or rule for requesting a hearing in an adjudicative proceeding that was initiated by a notice of agency action; and

(b) attend the hearing if a hearing is scheduled.

R527-200-3. Designation of Presiding Officers.

A person designated as a presiding officer in an adjudicative proceeding may be:

(1) an agent;

(2) a senior agent;

(3) a team manager;

(4) a quality assurance specialist;

(5) an associate regional director;

(6) a regional director;

(7) a director; or

(8) another person designated by the director of the office.

R527-200-4. Form of Proceeding.

An adjudicative proceeding shall be designated an informal adjudicative proceeding when commenced by:

(1) the office through a notice of agency action; or

(2) a person affected by the office's action through a request for agency action.

R527-200-5. Informal Adjudicative Proceedings.

Matters that are designated as informal adjudicative proceedings are proceedings to:

(1) determine parentage;

(2) establish or modify child support orders;

(3) establish a judgment for genetic testing costs;

(4) establish a judgment for birth expenses;

(5) establish or modify an order regarding liability for medical and dental expenses of a child;

(6) establish an order when a notice to enroll a child in a medical insurance plan is contested;

(7) establish an order against a garnishee enforcing an administrative garnishment;

(8) determine whether the information concerning a support debt that will be reported to consumer reporting agencies is accurate;

(9) establish a retained support obligation;

(10) amend an administrative order;

(11) set aside an administrative order;

(12) establish an order that determines past-due support following a request for agency action;

(13) establish an order when an office determination of noncooperation is contested by IV-A or non-IV-A Medicaid recipients;

(14) establish a judgment against a responsible party for costs and fees, and to impose penalties associated with legal action taken by the office;

(15) establish an order of non-disclosure when a determination is made not to disclose a parent's identifying information to another state in an interstate case action;

(16) approve or deny requests for waiver or deferral of estate recovery for reimbursement of Medicaid;

(17) determine whether location information or other location information available in files on custodial or noncustodial parents may be released to the requesting party or to the requesting party's legal counsel pursuant to Title 26B, Chapter 9, Recovery Services and Administration of Child Support;

(18) establish an order when a payment schedule is contested;

(19) establish an order when a lien-levy action is contested; and

(20) establish an order when the obligation based on a change in the physical custody of a child is contested.

R527-200-6. Service of Notices and Orders.

A notice, order, written decision, or any other document that requires or permits service pursuant to Title 63G, Chapter 4, Administrative Procedures Act may be served using methods described in that chapter or the Utah Rules of Civil Procedure.

R527-200-7. Procedures for Informal Adjudicative Proceedings.

(1) In an adjudicative proceeding initiated by a notice of agency action, the presiding officer shall issue an order of default unless, within 30 days of the service of the notice, the respondent:

(a) pays the entire amount in full; or

(b) participates pursuant to Section R527-200-12.

(2) In an adjudicative proceeding initiated by a notice of agency action, the presiding officer shall schedule a hearing if the hearing is available pursuant to Section R527-200-9 and the office receives the respondent's written request:

(a) within 30 days of service of notice of agency action; or

(b) before the presiding officer issues an order.

(3) Within a reasonable time after the close of an informal adjudicative proceeding, the presiding officer shall issue a signed written order that states:

(a) the decision;

(b) the reason for the decision;

(c) a notice of the right to request reconsideration and the right to petition for judicial review; and

(d) the time limits for requesting reconsideration or filing a petition for judicial review.

(4) The presiding officer's order shall be based on the facts from the agency's case record and presented in evidence at any hearing or other adjudicative proceeding.

(5) A copy of the presiding officer's order shall be promptly mailed to each party.

R527-200-8. Timeframe for Submitting a Request for Agency Action.

(1) The respondent may initiate an informal adjudicative proceeding by submitting a request for agency action.

(2) The timeframe for initiating a request depends on what is being contested.

(a) When contesting the amount of past-due support in the Annual Notice of Past-due Child Support, the request for agency action shall be made within 30 calendar days of the date of the annual notice;

(b) When contesting whether location information or other locate information may be released, the request for agency action shall be made:

(i) within 15 calendar days of the date of the annual notice; or

(ii) within 30 calendar days of the date of the annual notice if the non-requesting party resides outside of Utah and intervention is required from another IV-D agency to facilitate communication with the non-requesting party; or

(c) When contesting the obligation based on a change in physical custody of the child, the request for agency action shall be made within 15 calendar days of the date of the annual notice.

R527-200-9. Availability of a Hearing in an Informal Adjudicative Proceeding.

(1) A hearing before a presiding officer in the Office of Administrative Hearings shall be permitted in an informal adjudicative proceeding if:

(a) the proceeding was initiated by a notice of agency action;

(b) the respondent in a properly filed request for hearing or in the course of participation raises a genuine issue as to a material fact pursuant to Section R527-200-10; and

(c) the respondent participates in a preliminary agency conference.

(2) An adjudicative proceeding before a presiding officer in the office shall be permitted if an informal adjudicative proceeding is initiated by a request for agency action.

(3) The presiding officer shall:

(a) conduct a review of the documentation provided by the requesting party and in the agency files; and

(b) issue an order stating the decision and the reasons for the decision.

(4) At the adjudicative proceeding, the requesting party may choose:

(a) not to attend;

(b) to attend in person; or,

(c) to be represented through counsel.

R527-200-10. Hearing in an Informal Adjudicative Proceeding.

(1) In an adjudicative proceeding initiated by a notice of agency action, a hearing request shall be referred to the presiding officer appointed to conduct the hearing.

(2) The presiding officer shall give timely notice of the date and time of the hearing to each party.

(3)(a) Before granting a hearing in a referred case, the presiding officer appointed to conduct the hearing may decide whether the respondent raises a genuine issue as to a material fact.

(b) If the presiding officer determines there is no genuine issue as to a material fact, the presiding officer may deny the request for hearing and close the adjudicative proceeding.

(4) The respondent may object to the denial of a hearing as grounds for relief in a request for reconsideration.

(5) There is no genuine issue as to a material fact if:

(a) the evidence gathered by the office and the evidence presented for acceptance by the respondent are sufficient to establish the obligation of the respondent under applicable law; and

(b) no other evidence in the record or presented for acceptance by the respondent in the course of respondent's participation conflicts with the evidence to be relied upon by the presiding officer in issuing an order.

(6) Evidence that a presiding officer may rely on in issuing an order when there has been no hearing includes:

(a) certified copies of the latest support orders;

(b) documented wage information from an employer or a governmental source;

(c) failure of the respondent to produce canceled checks as evidence of payments made, as requested by the presiding officer;

(d) failure of the respondent to produce a record kept by the clerk of court, a financial institution, or the office, showing payments made;

(e) failure of the respondent to produce a written agreement in a non-IV-A case that was signed by the noncustodial parent and the custodial parent providing for an alternative means of satisfying a child support obligation;

(f) the birth certificate of any child whose support is sought from the respondent; or

(g) other applicable documentation.

R527-200-11. Telephonic Hearings.

A telephonic hearing shall be held at the discretion of the Office of Administrative Hearings.

R527-200-12. Procedures and Standards for Orders Resulting from Service of a Notice of Agency Action.

(1)(a) If the respondent agrees with the notice of agency action, the respondent may stipulate to the facts and to the amount of the debt and current obligation to be paid.

(b) The office shall prepare a stipulation, and judgment and order based on that stipulation, for the respondents signature. An order based on stipulation is not subject to reconsideration or judicial review.

(2) If the respondent participates by attending a preliminary conference or otherwise presents relevant information to the presiding officer but does not reach an agreement with the office or is unavailable to sign a stipulation and does not request a hearing, the presiding officer shall issue a judgment and order based on that participation.

(3) If the respondent participates in any way after receiving a notice of agency action to establish parentage and child support but fails to appear for genetic testing or respond to the notice of test results, the presiding officer shall issue an order of parentage and child support based on existing information and circumstances.

(4) If the respondent requests a hearing and participates by attending a preliminary agency conference, then after that conference the respondent does not agree with the notice of agency action and participates by attending the requested hearing, the presiding officer who conducts the hearing shall issue an order based upon the hearing.

(5) An appropriate presiding officer may issue an order of default and default judgment if:

(a) the respondent fails to respond to the notice of agency action and does not request a hearing;

(b) after proper notice, the respondent fails to attend a preliminary conference scheduled by the presiding officer to consider matters that may aid in the disposition of the action; or

(c) after proper notice, the respondent fails to attend a hearing scheduled by the presiding officer pursuant to a written request for a hearing.

(6) The default judgment:

(a) shall be taken for the same amount and for the same time periods specified in the notice of agency action that was served on the respondent;

(b) may not be taken for more than the amount or time periods specified in the notice of agency action; and

(c) may be taken for less than the amount specified in the notice of agency action if there is no previous court order and the best available information supports the lower amount.

(7) The respondent may seek to have the default order set aside, pursuant to Section 63G-4-209.

(8) If a respondent's request for a hearing is denied pursuant to Section R527-200-10, the presiding officer may issue a judgment and order based upon the information in the case record.

(9) Regardless of any order that sets payments on arrearages, the office may:

(a) periodically report the total past-due support amount to a consumer reporting agency;

(b) intercept any tax refund;

(c) submit a case to the federal administrative offset program where permitted by federal regulation;

(d) levy upon real and personal property; and

(e) reassess payments on arrearages.

R527-200-13. Conduct of Hearings and Other Informal Adjudicative Proceedings.

(1) A hearing or other adjudicative proceeding shall be conducted by a qualified presiding officer. The presiding officer may not:

(a) have been involved in preparing the information alleged in the notice that is the basis of the adjudicative proceeding; and

(b) conduct a hearing or other adjudicative proceeding in a contested case if it is alleged and proved that good cause exists for the removal of the presiding officer assigned to that contested case.

(2)(a) The party or representative requesting a change of the presiding officer shall make the request in writing.

(b) The request shall be filed and called to the attention of the presiding officer at least 24 hours before the hearing.

(3)(a) When conducting a hearing, the presiding officer shall determine any liability and responsibility of the respondent pursuant to Section 26B-9-206, based upon:

(i) the notice of agency action;

(ii) any objections to the notice of agency action; and

(iii) the evidence adduced at the hearing.

(b) Following a determination of liability, the presiding officer shall refer the obligor to the team handling the case for determination of acceptable periodic payment or alternative means of satisfaction of any arrearage obligation.

(4) The presiding officer conducting a hearing may:

(a) regulate the course of hearing on any issue designated for hearing;

(b)(i) receive and determine procedural requests;

(ii) receive relevant evidence;

(iii) rule on any offer of proof and evidentiary objection;

(iv) rule on the scope and extent of cross-examination; and

(v) hear argument and make determination of any question of law necessary to the conduct of the hearing;

(c) request testimony under oath or affirmation administered by the presiding officer; and

(d) upon motion, amend the notice of agency action to conform to the evidence.

(5) The rules of evidence in a hearing are as follows:

(a) discovery is prohibited, but the office of the attorney general may issue a subpoena or another order to compel production of necessary evidence;

(b) any person who is a party to the adjudicative proceeding may:

(i) call any witness;

(ii) present oral testimony, documentation, and other evidence;

(iii) comment on any issue; and

(iv) conduct such cross-examination of any witness;

(c) the provisions in Subsection (5)(b) may be used:

(i) as needed to provide a full and true disclosure of a fact relevant to any issue being considered in a hearing; or

(ii) if those provisions affect the disposition of any interest that permits the person participating to be a party.

(d) any evidence may be presented by declaration rather than by oral testimony subject to the right of any party to call and examine or cross-examine the declarant;

(e) relevant evidence shall be admitted;

(f) official notice may be taken of any fact that judicial notice may be taken in the courts of this state;

(g) each party shall have access to information contained in the office's files and to materials and information gathered in the investigation, to the extent permitted by law and pursuant to Rule R527-5;

(h) intervention is prohibited; and

(i) in child support cases, the hearing shall be open to each party as defined in Section 63G-4-103.

(6) The rights of each party in a hearing are as follows:

(a) a respondent appearing before the presiding officer for a hearing may be represented by a licensed attorney or, after leave of the presiding officer, any other person designated to act as the respondent's representative for the hearing; and

(b)(i) The office's supporting evidence for the office's claim shall be presented at a hearing before a presiding officer by an agent or representative from the office.

(ii) At the office's discretion, the supporting evidence may be presented by an attorney representing the office.

R527-200-14. Agency Review.

(1) Agency review, as described in Section 63G-4-301, may not be allowed.

(2) Nothing in this rule prohibits a party from filing a request for reconsideration or for judicial review pursuant to Sections 63G-4-302 and 63G-4-401.

R527-200-15. Reconsideration.

Either a respondent or the office may request reconsideration once during an informal adjudicative proceeding, pursuant to Section 63G-4-302.

R527-200-16. Setting Aside an Administrative Order.

(1) The office may set aside an administrative order for reasons including when:

(a) a rule or policy was not followed when the order was taken;

(b) the respondent was not properly served with a notice of agency action;

(c) the respondent was not given due process; or

(d) the order has been replaced by a judicial order that covers the same time period.

(2)(a) The office shall notify the respondent of its intent to set the order aside by serving the respondent with a notice of agency action.

(b) A presiding officer shall sign the notice.

(3) If after serving the respondent with a notice of agency action the presiding officer determines that the order shall be set aside, the office shall notify the respondent of the determination.

R527-200-17. Amending an Administrative Order.

(1) The office may amend an administrative order for reasons including:

(a) if a clerical mistake was made in the preparation of the order; or

(b) if the time periods covered in the order overlap the time periods in another order for the same participants.

(2)(a) The office shall notify the respondent of its intent to amend the order by serving the respondent with a notice of agency action.

(b) A presiding officer shall sign the notice.

(3) If after serving the respondent with a notice of agency action the presiding officer determines that the order shall be amended, the office shall provide a copy of the amended order to the respondent.

R527-200-18. Amending an Administrative Parentage Order.

(1) The presiding officer shall initiate an adjudicative proceeding to amend a parentage order if:

(a) an administrative parentage order has been entered;

(b) the individual determined to be the father requests that parentage be disestablished based on genetic test results from an accredited lab that exclude that individual as the biological father; and

(c) genetic testing has not previously been completed.

(2) The presiding officer shall notify the mother and the previously determined adjudicated father of the intent to amend the order by sending notices of intent to amend based on the genetic test results.

(3)(a) If the mother or previously determined adjudicated father do not present other evidence that calls into doubt the credibility of the genetic test results and the mother does not contest the administrative action, the presiding officer shall issue an order that amends the original order, finding the previously determined adjudicated father to no longer be the adjudicated father, effective on the date the amended order is issued.

(b) The presiding officer shall send a copy of the order to the mother and the former adjudicated father.

(4)(a) If other evidence is presented that calls into doubt the credibility of the genetic test results or the mother contests the administrative action, the presiding officer may not amend the original parentage order.

(b) The presiding officer shall send notice of the decision to the mother and the father that will inform the father of the right to administrative reconsideration of the decision and to appeal the decision to a court of competent jurisdiction.

KEY: administrative law, child support

Date of Last Change: January 5, 2026

Notice of Continuation: December 9, 2025

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-9-108; 26B-9-201; 26B-9-205; 26B-9-206; 26B-207; 63G-4; 81-9