WSR 19-15-102
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed July 22, 2019, 12:10 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-10-033.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) division of child support (DCS) is proposing to amend WAC 388-14A-5400 How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?, in order to clarify that the debt adjustment notice process described in that section applies not only to court orders for child support, but to any child support order.
The debt adjustment notice process is used to provide notice to a custodial parent (CP) that DCS has reduced the amount of support debt on a case if that reduction was due to specific reasons listed in the rule; this notice gives the CP a right to hearing if the CP objects to the debt adjustment. Those reasons are: (1) A mathematical error in the debt calculation; (2) a typographical error in the stated debt; (3) proof that DCS should have suspended the support obligation for all or part of the time period involved in the calculation, or proof that the noncustodial parent made payments that DCS had not previously credited against the support debt.
The current rule provides that this process is used for adjustment of debt owed under a court order for child support, but DCS uses this process for any child support order. Occasionally, an administrative law judge will dismiss a hearing based on a debt adjustment notice based on the reduction of debt under an administrative child support order. Such a technical reading has a due process impact and DCS is amending the rule to ensure that all CPs have the same right to notice and a hearing when DCS reduces the support debt on a case.
Hearing Location(s): On August 27, 2019, at 10:00 a.m., at Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than August 28, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., August 27, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by August 13, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify that DCS may use the debt adjustment notice process under RCW
74.20.101 in any case, no matter if the child support obligation is established by a court order or administrative order.
Reasons Supporting Proposal: The current version of WAC 388-14A-5400, which deals with the debt adjustment notice process, refers specifically to debt owed under court orders for child support. DCS is amending the rule to clarify that the debt adjustment notice process can be used for any child support order. This will ensure that due process will be provided and all CPs are entitled to notice and a hearing when DCS reduces the support debt on a case.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Nancy Koptur, DCS Rules Coordinator, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507, 360-664-5065.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. Although this rule may meet the definition of a significant legislative rule under RCW
34.05.328, the requirement for a cost-benefit analysis does not apply under RCW
34.05.328 (5)(b)(vii).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: This proposal does not affect small businesses.
July 18, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)
WAC 388-14A-5400How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?
(1) The division of child support (DCS) mails a debt adjustment notice to the payee under a ((court))child support order within thirty days of the date DCS reduces the amount of the ((court-ordered)) support debt it intends to collect if that reduction was due to:
(a) A mathematical error in the debt calculation;
(b) A typographical error in the stated debt;
(c) Proof that DCS should have suspended the support obligation for all or part of the time period involved in the calculation; or
(d) Proof the noncustodial parent (NCP) made payments that DCS had not previously credited against the support debt.
(2) The debt adjustment notice must contain the following information:
(a) The amount of the reduction;
(b) The reason DCS reduced the support debt, as provided under subsection (1) of this section;
(c) The name of the NCP and a statement that the NCP may attend and participate as an independent party in any hearing requested by the payee under this section; and
(d) A statement that DCS continues to provide support enforcement services whether or not the payee objects to the debt adjustment notice.
(3) A debt adjustment notice served in Washington becomes final unless the payee, within twenty days of service of the notice in Washington, files a request with DCS for a hearing under subsection (4) of this section. The effective date of a hearing request is the date DCS receives the request.
(4) A debt adjustment notice served in another state becomes final according to WAC 388-14A-7200.
(5) A hearing under this section is for the limited purpose of determining if DCS correctly reduced the support debt as stated in the notice of debt adjustment.
(6) A payee who requests a late hearing must show good cause for filing a late hearing request if it is filed more than one year after the date of the notice of debt adjustment.