WSR 18-18-103
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed September 5, 2018, 11:37 a.m.]
Subject of Possible Rule Making: The department is planning to amend sections in chapter 388-14A WAC in order to streamline procedures regarding the use of a form called the notice to payee. The division of child support (DCS) uses the notice to payee to do the following: (1) Provide notice to a custodial parent (CP) when DCS serves a notice of support debt or notice of support owed to establish the amount of back support debt or proportionate share of expenses owed by a noncustodial parent (NCP); or (2) provide notice to an NCP when DCS serves a notice of support owed to establish the amount of back support debt or proportionate share of expenses owed by a CP.
In order to carry out this rule-making project, the department may also amend, repeal, or adopt other related sections of chapter 388-14A WAC as may be required.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Current rules regarding the notice to payee require DCS to wait to send a notice to payee until after DCS has successfully served a notice of support debt or notice of support owed on an NCP, or to wait to send a notice to payee until after DCS has successfully served a notice of support owed on a CP. Experience has shown that delaying the mailing of the notice to payee until after DCS receives proof of service occasionally leads to delayed or no notice, which creates due process concerns.
The planned change will allow DCS to send the notice to payee at the same time DCS starts the process to serve the notice of support debt or notice of support owed, instead of waiting until after service.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
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 department of social and health services (DSHS) DCS headquarters as soon as possible. DCS will post information regarding this rule development project and others on its web site, which can be found at https://www.dshs.wa.gov/esa/division-child-support or on the DSHS economic services administration's policy review web site, which can be found at https://fortress.wa.gov/dshs/f2ws03esaapps/extpolicy/.
Rule-making forms and draft rules may also be found on the DSHS filings and rules page at https://www.dshs.wa.gov/sesa/rpau/filings-and-rulings.
DSHS/DCS encourages the public to take part in developing rules. After the rules are drafted, DSHS will file a copy with the office of the code reviser with a notice of proposed rule making, and will send a copy 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, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, phone 360-664-5065, fax 360-664-5342, TTY 1-800-833-6384, email nkoptur@dshs.wa.gov, web site www.childsupportonline.wa.gov.
September 4, 2018
Katherine I. Vasquez
Rules Coordinator