AN
ACT Relating to paternity; and amending RCW 74.20A.055.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.20A.055 and 1991 c 367 s 46 are each amended to read as follows:
(1)
The secretary may, in the absence of a superior court order, serve on the
responsible parent or parents a notice and finding of financial responsibility
requiring a responsible parent or parents to appear and show cause in an
adjudicative proceeding why the finding of responsibility and/or the amount
thereof is incorrect, should not be finally ordered, but should be rescinded or
modified. This notice and finding shall relate to the support debt accrued
and/or accruing under this chapter and/or RCW 26.16.205, including periodic
payments to be made in the future. The hearing shall be held pursuant to this
section, chapter 34.05 RCW, the Administrative Procedure Act, and the rules of
the department.
(2)
The notice and finding of financial responsibility shall be served in the same
manner prescribed for the service of a summons in a civil action or may be
served on the responsible parent by certified mail, return receipt requested. The
receipt shall be prima facie evidence of service. The notice shall be served
upon the debtor within sixty days from the date the state assumes
responsibility for the support of the dependent child or children on whose
behalf support is sought. If the notice is not served within sixty days from
such date, the department shall lose the right to reimbursement of payments
made after the sixty-day period and before the date of notification: PROVIDED,
That if the department exercises reasonable efforts to locate the debtor and is
unable to do so the entire sixty-day period is tolled until such time as the
debtor can be located.
(3)
The notice and finding of financial responsibility shall set forth the amount
the department has determined the responsible parent owes, the support debt
accrued and/or accruing, and periodic payments to be made in the future. The
notice and finding shall also include:
(a)
A statement of the name of the recipient or custodian and the name of the child
or children for whom support is sought;
(b)
A statement of the amount of periodic future support payments as to which
financial responsibility is alleged;
(c)
A statement that the responsible parent may object to all or any part of the
notice and finding, and file an application for an adjudicative proceeding to
show cause why said responsible parent should not be determined to be liable
for any or all of the debt, past and future;
(d)
A statement that the alleged responsible parent may challenge the
presumption of paternity;
(e)
A statement that, if the responsible parent fails in timely fashion to file
an application for an adjudicative proceeding, the support debt and payments
stated in the notice and finding, including periodic support payments in the
future, shall be assessed and determined and ordered by the department and that
this debt and amounts due under the notice shall be subject to collection
action;
(((e)))
(f) A statement that the property of the debtor, without further advance
notice or hearing, will be subject to lien and foreclosure, distraint, seizure
and sale, order to withhold and deliver, notice of payroll deduction or other
collection action to satisfy the debt and enforce the support obligation
established under the notice.
(4)
A responsible parent who objects to the notice and finding of financial
responsibility may file an application for an adjudicative proceeding within
twenty days of the date of service of the notice or thereafter as provided
under this subsection. An adjudicative proceeding shall be held in the county
of residence or other place convenient to the responsible parent.
(a)
If the responsible parent files the application within twenty days, the
department shall schedule an adjudicative proceeding to hear the parent's
objection and determine the parents' support obligation for the entire period
covered by the notice and finding of financial responsibility. The filing of
the application stays collection action pending the entry of a final
administrative order;
(b)
If the responsible parent fails to file an application within twenty days, the
notice and finding shall become a final administrative order. The amounts for
current and future support and the support debt stated in the notice are final
and subject to collection, except as provided under (c) and (d) of this
subsection;
(c)
If the responsible parent files the application more than twenty days after,
but within one year of the date of service, the department shall schedule an
adjudicative proceeding to hear the parents' objection and determine the
parent's support obligation for the entire period covered by the notice and
finding of financial responsibility. The filing of the application does not
stay further collection action, pending the entry of a final administrative
order, and does not affect any prior collection action;
(d)
If the responsible parent files the application more than one year after the
date of service, the department shall schedule an adjudicative proceeding at
which the responsible parent must show good cause for failure to file a timely
application. The filing of the application does not stay future collection
action and does not affect prior collection action:
(i)
If the presiding officer finds that good cause exists, the presiding officer
shall proceed to hear the parent's objection to the notice and determine the
parent's support obligation;
(ii)
If the presiding officer finds that good cause does not exist, the presiding
officer shall treat the application as a petition for prospective modification
of the amount for current and future support established under the notice and
finding. In the modification proceeding, the presiding officer shall set
current and future support under chapter 26.19 RCW. The responsible parent
need show neither good cause nor a substantial change of circumstances to
justify modification of current and future support;
(e)
The department shall retain and/or shall not refund support money collected
more than twenty days after the date of service of the notice. Money withheld
as the result of collection action shall be delivered to the department. The
department shall distribute such money, as provided in published rules.
(5)(a)
If an application for an adjudicative proceeding is filed, the presiding or
reviewing officer shall determine the past liability and responsibility, if
any, of the alleged responsible parent and shall also determine the amount of
periodic payments to be made in the future, which amount is not limited by the
amount of any public assistance payment made to or for the benefit of the
child. If deviating from the child support schedule in making these
determinations, the presiding or reviewing officer shall apply the standards
contained in the child support schedule and enter written findings of fact
supporting the deviation.
(b)
If a responsible parent provides credible evidence at an adjudicative
proceeding that would rebut the presumption of paternity set forth in RCW
26.26.040, the presiding officer shall direct the department to refer the issue
for scheduling of an appropriate hearing in superior court to determine whether
the presumption should be rebutted.
(6)
If the responsible parent fails to attend or participate in the hearing or
other stage of an adjudicative proceeding, upon a showing of valid service, the
presiding officer shall enter an administrative order declaring the support
debt and payment provisions stated in the notice and finding of financial
responsibility to be assessed and determined and subject to collection action.
(7)
The final administrative order establishing liability and/or future periodic
support payments shall be superseded upon entry of a superior court order for
support to the extent the superior court order is inconsistent with the
administrative order.
(8) Debts determined pursuant to this section, accrued and not
paid, are subject to collection action under this chapter without further
necessity of action by a presiding or reviewing officer.
