WSR 06-03-020

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 6, 2006, 4:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-08-087.

Title of Rule and Other Identifying Information: Amendments to WAC 388-14A-2160 If my information is confidential, can DCS report me to a credit bureau?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on February 21, 2006, at 10:00 a.m.

Date of Intended Adoption: Not earlier than February 22, 2006.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., February 21, 2006.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by February 17, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The division of child support (DCS) is proposing amendments to WAC 388-14A-2160 to bring it into conformance with current federal law. DCS seeks to update and clarify its procedures regarding reporting to consumer reporting agencies.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 26.23.120, 74.08.090, 74.20A.310.

Statute Being Implemented: RCW 26.23.120.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on small businesses. It only affects individuals who have support obligations or individuals who are owed child support.

A cost-benefit analysis is not required under RCW 34.05.328. The rule does meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).

January 3, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

3541.3
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)

WAC 388-14A-2160   If my information is confidential, can DCS report me to a credit bureau?   (1) When a consumer reporting agency, ((as defined by 45 C.F.R. 303.105(a))) sometimes called a credit bureau, requests information regarding the amount of overdue support owed by a noncustodial parent (NCP), the division of child support (DCS) provides this information ((if the amount of the support debt exceeds one thousand dollars)).

(2) In addition to responding to requests for information by consumer reporting agencies, DCS reports to those agencies information regarding overdue support owed by an NCP. DCS then updates the information on a regular basis, even after the NCP brings the account current.

(3) Before releasing information to the consumer reporting agency, DCS sends a written notice concerning the proposed release of the information to the NCP's last known address.

(((3))) (4) The notice gives the NCP ten days from the date of the notice to request a conference board to contest the accuracy of the information. If the NCP requests a conference board, DCS does not release the information until a conference board decision has been issued.

(5) A noncustodial parent (NCP) who disagrees with the information supplied by DCS to a consumer reporting agency may file a notice of dispute under the federal Fair Credit Reporting Act, 15 USC 1681.

[Statutory Authority: RCW 74.08.090. 01-03-089, 388-14A-2160, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-030 and 388-14-410.]