WSR 08-20-082

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 29, 2008, 8:47 a.m. , effective October 1, 2008 ]


Effective Date of Rule: October 1, 2008.

Purpose: The division of child support (DCS) is adopting new and amended sections of chapter 388-14A WAC to implement state legislation that implements the federal Deficit Reduction Act of 2005 (DRA). These new and amended WAC sections will implement RCW 26.23.035 and 74.20.330. These statutes will affect the public assistance assignment and the rules concerning the distribution of child support collections. These changes will take effect on October 1, 2008. The overall effect of these rules will be to direct more money to families.

DCS has already filed the preproposal statement of inquiry to start the regular rule-making process for these rules (WSR 08-06-089). The draft rules will soon go out for review, and DCS plans to file the CR-102, notice of proposed rule making, as soon as the review is over. We anticipate filing the CR-102 in early October 2008. These emergency rules are necessary until the regular rule-making process is completed.

See Reviser's note below.

Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-1020, 388-14A-2036, 388-14A-2037, 388-14A-2038, 388-14A-5000, 388-14A-5001, 388-14A-5002, 388-14A-5003, 388-14A-5004, 388-14A-5005, 388-14A-5006, 388-14A-5010, and 388-14A-5100.

Statutory Authority for Adoption: RCW 26.23.035 and 74.20.330.

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 these rules in effect under RCW 26.23.035 and 74.20.330, which implement the federal DRA, in order to remain in compliance with its state plan under Title IV-D of the federal Social Security Act. DCS must be able to implement these federal and state statutes by October 1, 2008, or risk loss of federal funds for noncompliance.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 13, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 2, Amended 13, Repealed 0.

Date Adopted: September 18, 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 08-21 issue of the Register.

Washington State Code Reviser's Office