WSR 05-03-095

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed January 18, 2005, 12:45 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-07-113 and 03-23-107.

Title of Rule and Other Identifying Information: Chapter 388-14A WAC, Division of Child Support (DCS) rules, this notice of proposed rule making combines two CR-101 filings with rule making on two subjects which both involve amendments to WAC 388-14A-3304. A list of rule sections is shown below, identifying all proposed WAC sections, and then breaking the sections into Project 1 (Assessment of Interest on Child Support Arrears) and Project 2 (changes to the rules re: the notice of support owed and notice of support debt).

Amending WAC 388-14A-3304 The division of child support serves a notice of support debt when it is enforcing a ((foreign)) support order issued in Washington state, a foreign court order or a foreign administrative order for support, 388-14A-3310 The division of child support serves a notice of support owed to establish a fixed dollar amount under an existing child support order, 388-14A-3320 What happens at a hearing on a notice of support ((debt or notice of support)) owed?, and 388-14A-7100 An order from another state may be registered in Washington for enforcement or modification.

New sections WAC 388-14A-3317 What is an annual review of a support order under RCW 26.23.110?, 388-14A-3321 What happens if the custodial parent requests a hearing on a notice of support debt and demand for payment?, 388-14A-7110 The division of child support may assess and collect interest on amounts owned under support orders entered or established in a jurisdiction other than Washington state, 388-14A-7120 When does DCS update the interest assessed on a case?, and 388-14A-8600 Does the division of child support enforce interest on unpaid support arrears?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on March 8, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 9, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., March 8, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by March 4, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: (1) DCS is adopting rules regarding the assessment ad collection of interest on support arrearages on child support cases, in accordance with the requirements of the Uniform Interstate Family Support Act, while providing that DCS will continue its policy and practice of not assessing or collecting interest on support arrearages under Washington orders unless such interest is reduced to judgment; and

(2) DCS seeks to clarify the procedures for the notice of support debt and notice of support owed.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 26.21.016 for Rules in Project 1 - Assessment of Interest on Child Support Arrears, 388-14A-3304, 388-14A-7100, 388-14A-7110, 388-14A-7120 and 388-14A-8600; and RCW 74.08.090, 26.23.035, 34.05.220(1), and 74.20A.310 for Rules in Project 2 - Notice of Support Debt and Notice of Support Owed, WAC 388-14A-3304, 388-14A-3310, 388-14A-3317, 388-14A-3320, and 388-14A-3321.

Statute Being Implemented: RCW 26.21.016 for Rules in Project 1 - Assessment of Interest on Child Support Arrears, WAC 388-14A-3304, 388-14A-7100, 388-14A-7110, 388-14A-7120 and 388-14A-8600; and RCW 26.23.110 and 74.20A.040 for Rules in Project 2 - Notice of Support Debt and Notice of Support Owed, WAC 388-14A-3304, 388-14A-3310, 388-14A-3317, 388-14A-3320, and 388-14A-3321.

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 HQ, 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 rules relating to the liability for care of dependent children are exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).

January 12, 2005

Andy Fernando, 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 05-04 issue of the Register.

Washington State Code Reviser's Office