WSR 98-05-079

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed February 18, 1998, 10:04 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-20-120.

Title of Rule: WAC 388-14-500 The division of child support will accept oral requests for hearing or conference board.

Purpose: Under the governor's and secretary's executive orders on regulatory improvement, the Division of Child Support has reviewed and revised the regulation dealing with oral requests for hearing and conference board.

Statutory Authority for Adoption: RCW 34.05.220(1), 74.08.090.

Statute Being Implemented: RCW 34.05.220.

Summary: With the exception of two types of petition for relief the Division of Child Support will accept either a written or an oral request for hearing or conference board. This proposal redrafts and revises WAC 388-14-500 for clarity and readability.

Reasons Supporting Proposal: Governor's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, Division of Child Support Headquarters, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, (360) 586-3077.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This is a revision of WAC 388-14-500, dealing with oral requests for hearing or conference board; the rule has been reviewed, revised and redrafted for clarity and readability under the principles of regulatory improvement.

Proposal Changes the Following Existing Rules: Amends WAC 388-14-500.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not meet the requirements for a small business economic impact statement.

RCW 34.05.328 does not apply to this rule adoption. This is not a significant legislative rule under RCW 34.05.328. RCW 34.05.328 (5)(b)(iv) exempts rules that clarify language of a rule without changing its effect.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on March 24, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by March 13, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Acting Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by March 24, 1998.

Date of Intended Adoption: No sooner than March 25, 1998.

February 17, 1998

Edith M. Rice, Chief

Office of Legal Affairs

AMENDATORY SECTION (Amending WSR 97-13-092, filed 6/18/97, effective 7/19/97)

WAC 388-14-500 The division of child support will accept oral requests for hearing or conference board. (1) ((Notwithstanding the requirement for a written request for hearing found in)) Except for the instances listed in subsection (8), DCS will accept either a written or a oral request for hearing or conference board, even though other sections of chapters 388-11 and 388-14 WAC((, the IV-D agency shall accept an oral request for hearing from a person who wishes to contest any action taken by the IV-D agency for which a hearing right exists. If a person wishes to petition for modification of an existing administrative support order, or to petition for relief under WAC 388-14-376, the request for hearing must be in writing.

(2) The effective date of an oral hearing request is the date that a complete oral hearing request is communicated to any IV-D agency representative. An oral hearing request is deemed "complete" if it advises the IV-D agency of the following:

(a) Requestor's name;

(b) Identifying information such as requestor's social security number, case number, or names of the children and of the physical custodian;

(c) Requestor's mailing address;

(d) Requestor's daytime phone number, if available;

(e) Agency action to which the requestor is objecting; or

(f) Other pertinent information that would assist the IV-D agency in identifying the specific case or cases involved in the hearing request.

(3) An oral request for hearing may be left on the hearing request voice mail box of the automated phone system of each IV-D agency field office.

(4) The IV-D agency will process incomplete requests when the appellant provides adequate information to identify the appellant's case.

(5) The IV-D agency will process an oral hearing request in the same manner as a written hearing request. If the IV-D agency determines that an oral hearing request deals with matters that are properly before the conference board under WAC 388-14-385, the agency shall process that request as a request for conference board, absent a specific request for administrative hearing under chapter 34.05 RCW)) provide that objections and hearing requests should be in writing.

(2) The subject matter of the objection determines whether the matter is set as a conference board or hearing, unless there is a specific request for administrative hearing under chapter 34.05 RCW.

(3) DCS will process oral and written requests for hearing in the same manner.

(4) An oral request for hearing is complete if it contains sufficient information to identify the person making the request, the DCS action, and the case or cases involved in the hearing request.

(5) The effective date of an oral request for hearing is the date that a complete oral request for hearing is communicated to any DCS representative in person or by leaving a message on the automated voice mail system of any DCS field office.

(6) When making an oral request, you are not required to specify whether you want a hearing under chapter 34.05 RCW or a conference board under WAC 388-11-385.

(7) You can make an oral request for hearing or conference board on behalf of another person, if you have written authorization to act on their behalf. The effective date of an oral request for hearing or conference board made on behalf of another person is the date that DCS receives the written authorization.

(8) There are two types of hearing request which must be in writing:

(a) A petition for prospective modification under WAC 388-11-140; and

(b) A petition for relief under WAC 388-14-376.