26B-9-108. Director — Powers of office — Representation by county attorney or attorney general — Receipt of grants — Rulemaking and enforcement.
| (1) |
The director of the office shall be appointed by the executive director. |
Terms Used In Utah Code 26B-9-108
- Assistance: means public assistance. See Utah Code 26B-9-101
- Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101
- Director: means the director of the Office of Recovery Services. See Utah Code 26B-9-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-101
- Obligor: means a person, firm, corporation, or the estate of a decedent owing money to this state, to an individual, to another state, or other comparable jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-101
- Office: means the Office of Recovery Services. See Utah Code 26B-9-101
| (2) |
The office has power to administer oaths, certify to official acts, issue subpoenas, and to compel witnesses and the production of books, accounts, documents, and evidence. |
| (3) |
The office has the power to seek administrative and judicial orders to require an obligor who owes past-due support and is obligated to support a child receiving public assistance to participate in appropriate work activities if the obligor is unemployed and is not otherwise incapacitated. |
| (4) |
The office has the power to enter into reciprocal child support enforcement agreements with foreign countries consistent with federal law and cooperative enforcement agreements with Indian Tribes. |
| (5) |
The office has the power to pursue through court action the withholding, suspension, and revocation of driver’s licenses, professional and occupational licenses, and recreational licenses of individuals owing overdue support or failing, after receiving appropriate notice, to comply with subpoenas or orders relating to paternity or child support proceedings pursuant to Section 78B-6-315. |
| (6) |
It is the duty of the attorney general or the county attorney of any county in which a cause of action can be filed, to represent the office. Neither the attorney general nor the county attorney represents or has an attorney-client relationship with the obligee or the obligor in carrying out the duties arising under this chapter. |
| (7) |
The office, with department approval, is authorized to receive any grants or stipends from the federal government or other public or private source designed to aid the efficient and effective operation of the recovery program. |
| (8) |
The office may adopt, amend, and enforce rules as may be necessary to carry out the provisions of this chapter. |
Renumbered and Amended by Chapter 305, 2023 General Session
