WSR 98-17-032
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
[Filed August 11, 1998, 3:25 p.m.]
Date of Adoption: August 11, 1998.
Purpose: Under the governor's and secretary's executive orders on regulatory improvement, the Division of Child Support has reviewed and revised the regulation dealing with oral requests for hearing and conference board.
Citation of Existing Rules Affected by this Order: Amending WAC 388-14-500.
Statutory Authority for Adoption: RCW 34.05.220(1), 74.08.090.
Adopted under notice filed as WSR 98-05-079 on February 18, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
August 11, 1998
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending WSR 97-13-092, filed 6/18/97, effective 7/19/97)
WAC 388-14-500 The division of child support will accept
oral requests for hearing or conference board. (1)
((Notwithstanding the requirement for a written request for
hearing found in)) Except for the instances listed in subsection
(8), DCS will accept either a written or a oral request for
hearing or conference board, even though other sections of
chapters 388-11 and 388-14 WAC((, the IV-D agency shall accept an
oral request for hearing from a person who wishes to contest any
action taken by the IV-D agency for which a hearing right exists.
If a person wishes to petition for modification of an existing
administrative support order, or to petition for relief under WAC
388-14-376, the request for hearing must be in writing.
(2) The effective date of an oral hearing request is the
date that a complete oral hearing request is communicated to any
IV-D agency representative. An oral hearing request is deemed
"complete" if it advises the IV-D agency of the following:
(a) Requestor's name;
(b) Identifying information such as requestor's social
security number, case number, or names of the children and of the
physical custodian;
(c) Requestor's mailing address;
(d) Requestor's daytime phone number, if available;
(e) Agency action to which the requestor is objecting; or
(f) Other pertinent information that would assist the IV-D
agency in identifying the specific case or cases involved in the
hearing request.
(3) An oral request for hearing may be left on the hearing
request voice mail box of the automated phone system of each IV-D
agency field office.
(4) The IV-D agency will process incomplete requests when
the appellant provides adequate information to identify the
appellant's case.
(5) The IV-D agency will process an oral hearing request in
the same manner as a written hearing request. If the IV-D agency
determines that an oral hearing request deals with matters that
are properly before the conference board under WAC 388-14-385,
the agency shall process that request as a request for conference
board, absent a specific request for administrative hearing under
chapter 34.05 RCW)) provide that objections and hearing requests
should be in writing.
(2) The subject matter of the objection determines whether the matter is set as a conference board or hearing, unless there is a specific request for administrative hearing under chapter 34.05 RCW.
(3) DCS will process oral and written requests for hearing in the same manner.
(4) An oral request for hearing is complete if it contains sufficient information to identify the person making the request, the DCS action, and the case or cases involved in the hearing request.
(5) The effective date of an oral request for hearing is the date that a complete oral request for hearing is communicated to any DCS representative in person or by leaving a message on the automated voice mail system of any DCS field office.
(6) When making an oral request, you are not required to specify whether you want a hearing under chapter 34.05 RCW or a conference board under WAC 388-11-385.
(7) You can make an oral request for hearing or conference board on behalf of another person, if you have written authorization to act on their behalf. The effective date of an oral request for hearing or conference board made on behalf of another person is the date that DCS receives the written authorization.
(8) There are two types of hearing request which must be in writing:
(a) A petition for prospective modification under WAC 388-11-140; and
(b) A petition for relief under WAC 388-14-376.
[Statutory Authority: RCW 34.05.220(1), 74.08.090, 74.20A.310 and 26.23.035. 97-13-092, § 388-14-500, filed 6/18/97, effective 7/19/97.]