WSR 03-01-044

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Juvenile Rehabilitation Administration)

[ Filed December 10, 2002, 8:00 a.m. ]

     Date of Adoption: December 3, 2002.

     Purpose: The rule requires administrative law judges (ALJ) of the Office of Administrative Hearings (OAH) to enter final orders on Juvenile Rehabilitation Administration (JRA) cases determining parent/guardian financial responsibility to pay for support, treatment, and confinement. This rule is being amended in coordination with the department's changes to chapter 388-02 WAC, amending provisions related to Board of Appeals reviews.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-720-0050.

     Statutory Authority for Adoption: RCW 34.05.020, 13.40.220.

      Adopted under notice filed as WSR 02-21-096 on October 21, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

December 3, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3175.1
AMENDATORY SECTION(Amending WSR 00-22-019, filed 10/20/00, effective 11/20/00)

WAC 388-720-0050   Powers of the administrative law judge.   The administrative law judge in the ((initial decision)) final order rendered after the hearing conducted in accordance with WAC 388-720-0030 shall include the name and age of the juvenile in that ((decision)) final order. The administrative law judge shall also indicate the parent's or other legally obligated person's monthly liability amount for the period of the juvenile's confinement beginning with the date the child enters the custody of the department. The administrative law judge shall not establish in the ((decision)) final order any amount constituting a repayment figure of any accrued obligation of the parent but shall indicate in the ((decision)) final order that any accrued obligation shall be paid by the parent to the department's office of financial recovery (OFR) and that OFR will be responsible for determining the method of repayment of the parent's accrued obligation.

     The administrative law judge shall also include a statement in the ((decision)) final order that the parent's financial obligation is collectible by OFR and that should the parent fail to comply with any payment plan entered into by OFR and the parent, or the parent fails to pay the amount set out in the ((decision)) final order, OFR shall be authorized to take legal collection action to recover the amounts due from the parent. Legal collection action can include, but is not limited to:

     (1) The filing of liens against the real and personal property of the parent; or

     (2) The issuance of a garnishment order against the wages, bank accounts, or other property of the responsible persons.

[Statutory Authority: RCW 13.40.220. 00-22-019, amended and recodified as § 388-720-0050, filed 10/20/00, effective 11/20/00; 96-24-075, § 275-47-050, filed 12/2/96, effective 1/2/97.]

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