WSR 06-03-045

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 10, 2006, 4:21 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-23-109.

     Title of Rule and Other Identifying Information: The division of child support is proposing the amendment of WAC 388-14A-1055 Can the division of child support collect support owed or assigned to another state?, to correct a reference to the United States code.

     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 current version of the rule refers to a section of Title 42 US code which no longer exists and must be updated.

     Reasons Supporting Proposal: The rule needs to have the correct statutory references.

     Statutory Authority for Adoption: RCW 26.21.016, 34.05.020, 74.08.090, 74.20.040(3), 74.20A.310.

     Statute Being Implemented: RCW 26.21.016, 74.08.090, 74.20.040(3).

     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 10, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

3617.1
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)

WAC 388-14A-1055   Can the division of child support collect support owed or assigned to another state?   (1) The division of child support (DCS) may, at the request of another state, collect child support which has been assigned to that state under 42 U.S.C. ((602 (a)(26)(A))) 608 (a)(3)(A).

     (2) DCS uses the remedies in chapters 26.23, 74.20 and 74.20A RCW to collect support on behalf of another state or IV-D agency.

[Statutory Authority: RCW 74.08.090. 01-03-089, § 388-14A-1055, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-365.]