WSR 03-13-092

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 16, 2003, 4:32 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-24-069 and 02-13-042.

Title of Rule: Chapter 388-14A WAC, this filing encompasses two rule-making projects, both of which require changes to the same rule, namely WAC 388-14A-3110. The Division of Child Support (DCS) is enacting rules dealing with finality of administrative orders (see WSR 02-24-069) and rules dealing with legislative changed from the 2002 session, mostly involving changes to the Uniform Parentage Act, which affect support establishment (see WSR 03-13-042).

Amending WAC 388-14A-3100 How does the division of child support establish a child support obligation when there is no child support order?, 388-14A-3102 When the parents have signed ((a)) an acknowledgment or affidavit of paternity ((affidavit)), which support establishment notice does the division of child support serve on the noncustodial parent?, WAC 388-14A-3110 When can a support establishment notice become a final order?, 388-14A-3115 The notice and finding of financial responsibility is used to set child support when paternity is not an issue, 388-14A-3120 The notice and finding of parental responsibility is used to set child support when the father's duty of support is based upon an affidavit of paternity which is not a conclusive presumption of paternity, 388-14A-3131 What happens if neither parent appears for the hearing?, 388-14A-3132 What happens if only one parent appears for the hearing?, 388-14A-3133 What happens when the noncustodial parent and the custodial parent both appear for the hearing?, 388-14A-3370 What legal defenses are available to a noncustodial parent when DCS seeks to enforce a support obligation?, 388-14A-3600 The parties may resolve any child support case by entering a consent order or an agreed settlement, and 388-14A-3810 Once a child support order is entered how long does the support obligation last?; and new sections WAC 388-14A-6105 What is the difference between an initial order and a final order in a hearing involving the division of child support?, 388-14A-6110 When must an ALJ enter an initial order in a DCS hearing proceeding?, 388-14A-6115 When must an ALJ enter a final order in a DCS hearing proceeding?, 388-14A-6120 What can I do if I do not agree with an initial order or final order entered by an administrative law judge?, and 388-14A-6125 When does an initial order or final order entered by an ALJ become enforceable?

Purpose: (1) DCS is adopting new rules in chapter 388-14A WAC dealing with administrative orders and appeals therefrom, determining when the Office of Administrative Hearings (OAH) issues an initial order, which is subject to review, or a final order, which is not subject to review. Also, minor amendments are proposed to existing rules regarding the finality of orders and other related rules.

(2) DCS is adopting rules to bring the regulations and procedures of the DSHS Division of Child Support into agreement with statutory changes in the 2002 legislative session, namely changes to the Uniform Parentage Act (chapter 302, Laws of 2002) and changes regarding the jurisdiction of DCS (chapter 199, Laws of 2002).

Statutory Authority for Adoption: RCW 34.05.220(1), 74.08.090, 74.20A.056, and 74.20A.310.

Statute Being Implemented: RCW 26.26.315, 26.26.320, 26.26.330, 26.26.335, 34.05.220(1), 74.08.090, 74.20A.055, 74.20A.056, and 74.20A.310.

Summary: See Purpose above.

Reasons Supporting Proposal: The proposed amendments and new rules are needed to bring DCS rules into agreement with other DSHS hearing rules and with changes in statute.

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.

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: (1) Changes to chapter 388-02 WAC adopted effective November 15, 2002, under WSR 02-20-061 make it necessary for DCS to adopt rules regarding this subject to preserve due process rights of those affected by DCS rules. The Division of Child Support is adopting new rules in chapter 388-14A WAC dealing with administrative orders and appeals therefrom, determining when OAH issues an initial order, which is subject to review, or a final order, which is not subject to review.

(2) DCS is adopting rules to bring the regulations and procedures of the DSHS Division of Child Support (DCS) into agreement with statutory changes in the 2002 legislative session, namely changes to the Uniform Parentage Act (chapter 302, Laws of 2002) and changes regarding the jurisdiction of DCS (chapter 199, Laws of 2002).

Proposal Changes the Following Existing Rules: (1) Except for initial decisions entered from administrative hearings regarding address disclosure, the initial decisions in DCS cases entered by an ALJ will be final orders, not subject to review by the DSHS Board of Appeals, pursuant to changes in chapter 388-02 WAC.

(2) Changes in the Uniform Parentage Act and in the statutes regarding DCS' jurisdiction require changes in the rules regarding administrative establishment of support orders for unmarried parents, and for parties who marry and then separate after the entry of a court order such as a paternity order or decree of dissolution; the defense of wrongful deprivation is extended to nonassistance cases after having been restricted to cases where the child received welfare.

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.

RCW 34.05.328 does not apply to this rule adoption. Proposed rules amended to be in agreement with chapter 388-02 WAC amend hearing procedures and are "procedural rules" per RCW 34.05.328 (5)(c)(i)(A). These rules do not meet the definition of "significant legislative rules" under RCW 34.05.328.

Proposed rules implementing the Uniform Parentage Act and to clarify the jurisdiction of DCS do 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), which exempts rules relating concerning liability for care of dependents.

Hearing Location: Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on August 5, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by August 1, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, deliver to 4500 10th Avenue S.E., Lacey, WA, mail to P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., August 5, 2003.

Date of Intended Adoption: No earlier than August 6, 2003.

June 13, 2003

Brian H. Lindgren, 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 03-14 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office