WSR 08-07-044

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed March 14, 2008, 8:45 a.m. , effective March 16, 2008 ]


Effective Date of Rule: March 16, 2008.

Purpose: The Washington state legislature adopted SSB 5244 (chapter 143, Laws of 2007), which implements changes required by the federal Deficit Reduction Act of 2005 (DRA). The division of child support (DCS) is developing new and amended rules as required in order to allow the Washington child support program to comply with the DRA under our state plan under Title IV-D of the federal Social Security Act. DCS filed emergency rules under WSR 07-16-023, effective July 22, 2007, and at the same time filed the preproposal statement of inquiry to start the regular rule-making process for these rules (WSR 07-10-116). DCS then filed second emergency rules under WSR 07-23-058, effective November 16, 2007.

DCS has developed policies and procedures and revised the proposed rules as needed. The draft rules have gone out for review, and DCS has worked extensively with interested stakeholders. DCS plans to file the CR-102, notice of proposed rule making, at the same time this third emergency rule is filed. These emergency rules are necessary until the regular rule-making process is completed. The third emergency filing contains exactly the same text as the first emergency rule and the second emergency rule.

See Reviser's note below.

Citation of Existing Rules Affected by this Order: See Reviser's note below.

Statutory Authority for Adoption: Sections 1, 2, 3, 4, 5, 7, 8 and 9, chapter 143, Laws of 2007.

Other Authority: The Deficit Reduction Act of 2005 (Public Law 109-171).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: DCS must have rules in effect under SSB 5244 (chapter 143, Laws of 2007), which implements the federal Deficit Reduction Act of 2005, in order to remain in compliance with its state plan under Title IV-D of the federal Social Security Act. SSB 5244 was effective July 22, 2007. DCS must have rules in effect as of July 22, 2007, or risk loss of federal funds for noncompliance. DCS continues the regular rule-making process but because of extensive stakeholder participation, was unable to finalize the adoption of the rules within the time limit of the second emergency rule.

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 4, Amended 33, 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 0, 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 4, Amended 33, Repealed 0.

Date Adopted: March 4, 2008.

Stephanie E. Schiller

Rules Coordinator

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 08-09 issue of the Register.

Washington State Code Reviser's Office