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

(1) 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. A stipulation, and judgment and order based on that stipulation is prepared by ORS for the respondent's signature. Orders based on stipulation are 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 ORS 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 paternity 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 paternity 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) If the respondent fails to participate as follows, the appropriate presiding officer may issue an order of default and default judgment:

(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) must 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) cannot 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) Notwithstanding any order that sets payments on arrearages, ORS reserves the right to:

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

(b) intercept state and federal tax refunds;

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

(d) levy upon real and personal property; and

(e) reassess payments on arrearages.

Notes

Utah Admin. Code R527-200-12

Amended by Utah State Bulletin Number 2022-08, effective 4/11/2022