WSR 03-23-106

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 18, 2003, 4:00 p.m. ]

     Subject of Possible Rule Making: The Division of Child Support (DCS) is changing WAC 388-14A-6300, 388-14A-4000, and other amended or new rules as necessary, dealing with payments on child support arrearages.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.20A.160, 34.05.220(1) and 74.08.090. RCW gives DSHS the authority to set arrears payments on support arrearages consistent with the income, earning capacity and resources of the debtor, and to set or reset a level and schedule of payments to be paid upon a support debt. Rule-making authority is also found under RCW 34.05.220(1) and 74.08.090.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To clarify DCS procedures regarding payment on support arrearages.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Office of Administrative Hearings; DCS works with stakeholders to develop appropriate processes and rules.

     Process for Developing New Rule: DCS engages in modified collaborative rule making. Those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at the DSHS/DCS headquarters as soon as possible. DCS will post information regarding this rule development project and others on its website, which can be found at www.wa.gov/dshs/dcs, or on the DSHS Economic Services Administration's policy review website, which can be found at http://www1.dshs.wa.gov/esa/extpolicy/. DSHS/DCS encourages the public to take part in developing the rules. At a later date, DSHS will file proposed rules with the Office of the Code Reviser with a notice of proposed rule making, and will send the proposal to everyone currently on the mailing list and to anyone else who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nancy Koptur, DCS Rules Coordinator, Division of Child Support, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 664-5065, 1-800-457-6202, fax (360) 664-5055, TTY/TDD (360) 664-5011, e-mail nkoptur@dshs.wa.gov.

November 18, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

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