WSR 97-09-020

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed April 8, 1997, 10:44 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 95-16-010.

Title of Rule: Revisions to chapter 388-14 WAC.

Purpose: In general, to make chapter 388-14 WAC clearer and easier to understand; to clarify the rules regarding distribution of support; to conform with amendments to RCW 26.19.080(3); to establish rules and procedures under the Uniform Interstate Family Support Act; to provide for full party status for physical custodians who receive public assistance; and to provide for the ability to make a verbal request for hearing.

Statutory Authority for Adoption: RCW 34.05.220(1), 74.08.090, 74.20A.310, and 26.23.035.

Statute Being Implemented: RCW 26.19.080(3), 26.23.110, 26.21.205, 26.18.170, 26.18.180, 26.23.035, 34.05.220, and 74.20A.040.

Summary: DCS seeks to make chapter 388-14 WAC easier to understand and use. The procedures for the notice of support owed and the notice of support debt are redrafted. WAC 388-14-270, regarding distribution of support moneys, is redrafted and broken into several new sections for the purpose of clarity. New section WAC 388-14-375 sets forth the procedures for recovery of excess amounts of special child rearing expenses, as provided by a 1996 amendment to RCW 26.19.080(3). Provisions of chapter 388-14 WAC are redrafted to provide full party status rights to physical custodians who receive public assistance, not just for nonassistance cases. New section WAC 388-14-500 allows DCS to accept verbal requests for hearing instead of requiring written objections.

Reasons Supporting Proposal: (1) Customer service; (2) clarity of procedures for all persons involved in DCS proceedings.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507, (360) 586-3077.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amendments and new sections in chapter 388-14 WAC to provide clarity, to conform with amendments to RCW 26.19.080(3), to clarify procedures under UIFSA, to provide for verbal hearing requests.

Proposal Changes the Following Existing Rules: Amendments to WAC 388-14-020, 388-14-030, 388-14-260, 388-14-270, 388-14-300, 388-14-385, 388-14-390, 388-14-415, 388-14-420, 388-14-435, 388-14-440, 388-14-445, 388-14-450 and 388-14-460; and additions of new sections WAC 388-14-271, 388-14-272, 388-14-274, 388-14-276, 388-14-375, 388-14-495, 388-14-496, and 388-14-500.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not meet the requirements for a small business economic impact statement.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Does not apply to this rule adoption under RCW 34.05.328.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on June 10, 1997, at 10:00.

Assistance for persons with disabilities: Contact Leslie Baldwin by May 27, 1997, (360) 902-7540, TTY (360) 902-8324, e-mail lbaldwin@dshs.wa.gov.

Submit Written Comments to: Leslie Baldwin, Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by June 10, 1997.

Date of Intended Adoption: No sooner than June 11, 1997.

April 8, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 97-10 issue of the Register.

Legislature Code Reviser

Register

Washington State Code Reviser's Office