PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Subject of Possible Rule Making: The Division of Child Support intends to review all the rules in chapters 388-11, 388-13, and 388-14 WAC under the Governor's Executive Order 97-02. As part of the review, DCS intends to repeal those rules which are no longer needed, revise those which need to be revised for clarity and usability, and establish a new chapter of the WAC, chapter 388-14A WAC, which will contain all of the rules relating to the Division of Child Support. This will entail repealing the entirety of chapters 388-11, 388-13, and 388-14 WAC. Certain of DCS's rules have been adopted under EO 97-02 and will be renumbered but not otherwise revised. Shown below is a list of rules indicating which rules are planned for revision and/or repeal.
| Current WAC number |
Current Title | Repeal | Revise and Renumber |
Renumber w/o revision |
| 388-11-011 | Definitions | X | ||
| 388-11-015 | Credits allowed -- Debt satisfaction | X | ||
| 388-11-045 | Service requirements -- Tolling | X | ||
| 388-11-048 | Request for paternity tests -- Liability for costs | X | ||
| 388-11-065 | Defenses to liability | X | ||
| 388-11-067 | Equitable estoppel | X | ||
| 388-11-100 | Duty of the administrative law judge | X | ||
| 388-11-120 | Default -- Vacate | X | ||
| 388-11-135 | Service | X | ||
| 388-11-140 | Modification | X | ||
| 388-11-145 | Notice to parties | X | ||
| 388-11-150 | Consent order and agreed settlement | X | ||
| 388-11-155 | Duration of obligation | X | ||
| 388-11-170 | Collection of debts determined | X | ||
| 388-11-180 | Procedural reference | X | ||
| 388-11-205 | Assessing support | X | ||
| 388-11-210 | Administrative orders | X | ||
| 388-11-215 | Health insurance | X | ||
| 388-11-220 | Liability for birth costs | X | ||
| 388-11-280 | Credit for dependent benefits | X | ||
| 388-11-285 | Notice and finding of financial responsibility1 | X | ||
| 388-11-290 | Notice and finding of parental responsibility | X | ||
| 388-11-295 | Notice and finding of medical responsibility | X | ||
| 388-11-300 | Amending notices | X | ||
| 388-11-305 | UIFSA -- Notices served in another state | X | ||
| 388-11-310 | Request for late hearing -- Good cause | X | ||
| 388-11-315 | Temporary administrative orders2 | X | ||
| 388-11-320 | What is the division of child support's DCS most wanted Internet site? | X | ||
| 388-11-325 | Whose picture can go on the division of child support's DCS most wanted Internet site? | X | ||
| 388-11-330 | How does a noncustodial parent avoid being posted on the DCS most wanted Internet site? | X | ||
| 388-11-335 | When does DCS remove a noncustodial parent from the DCS most wanted Internet site? | X | ||
| 388-11-340 | What information does the division of child support post to the DCS most wanted Internet site? | X | ||
| 388-11-400 | Physical custodians -- Rights to participate in hearings3 | X | ||
| 388-11-410 | Notice of proposed child support amount | X | ||
| 388-11-415 | Support establishment notice -- Physical custodian accepts proposed child support amount | X | ||
| 388-11-420 | Support establishment notice -- Physical custodian objects to the proposed child support amount | X | ||
| 388-11-425 | Hearings on support establishment notices | X | ||
| 388-11-430 | Settlement and consent order | X | ||
| Chapter 388-13 | Recovery of support payments | X | ||
| 388-14-010 | Office of support enforcement as the Title IV-D agency | X | ||
| 388-14-020 | Definitions | X | ||
| 388-14-030 | Confidentiality | X | ||
| 388-14-035 | Requests for address disclosure -- Form of request | X | ||
| 388-14-040 | Authorization for address release | X | ||
| 388-14-045 | Requests for address disclosure -- Notice of request -- Standards for nonrelease | X | ||
| 388-14-050 | Requests for address disclosure -- Hearings | X | ||
| 388-14-100 | Absent parent's responsibility -- Liability | X | ||
| 388-14-200 | Families accepting assistance must assign certain support rights to the state | X | ||
| 388-14-201 | Cooperation with division of child support | X | ||
| 388-14-202 | Effects of noncooperation | X | ||
| 388-14-203 | Medical assistance only -- Assignment of support rights -- Cooperation | X | ||
| 388-14-205 | Responsibilities of the office | X | ||
| 388-14-210 | Support payments to the office of support enforcement | X | ||
| 388-14-220 | Subpoena power | X | ||
| 388-14-250 | Payments to the family | X | ||
| 388-14-260 | Interstate cases | X | ||
| 388-14-270 | Distribution of support payments4 | X | ||
| 388-14-271 | Notice of intent to distribute support money | X | ||
| 388-14-272 | Notice to recover a support payment | X | ||
| 388-14-273 | Payment distribution payment services only cases | X | ||
| 388-14-274 | Distribution notice | X | ||
| 388-14-276 | Total vs. total notice | X | ||
| 388-14-300 | Nonassistance support enforcement services -- Persons eligible for services | X | ||
| 388-14-310 | Nonassistance support enforcement application | X | ||
| 388-14-350 | Location of absent parents | X | ||
| 388-14-360 | Cooperation with other states | X | ||
| 388-14-365 | Reassignment by state administering an approved plan | X | ||
| 388-14-370 | Cooperative arrangements with courts and law enforcement officials | X | ||
| 388-14-376 | Recovery of excess daycare and special child rearing expense payments | X | ||
| 388-14-385 | The division of child support's grievance and dispute resolution method is called a conference board | X | ||
| 388-14-386 | How to apply for a conference board | X | ||
| 388-14-387 | Explanation of the conference board process | X | ||
| 388-14-388 | Scope of authority of conference board chair defined | X | ||
| 388-14-390 | Hearing when collection action is initiated against a bank account -- Exemptions -- Burden of proof | X | ||
| 388-14-395 | Limitation on collection of support payments from head of household -- Request for conference board -- Burden of proof | X | ||
| 388-14-410 | Release of information to consumer reporting agency | X | ||
| 388-14-415 | Notice of support owed | X | ||
| 388-14-420 | Once a support enforcement case is opened, under what circumstances can it be closed? | X | ||
| 388-14-421 | Under what circumstances may DCS deny a request to close a support enforcement case? | X | ||
| 388-14-422 | Who is mailed notice of DCS' intent to close a case? | X | ||
| 388-14-423 | What if I do not agree with the case closure notice? | X | ||
| 388-14-424 | What happens to payments that come in after a case is closed? | X | ||
| 388-14-427 | Payroll deduction notice -- Order to withhold and deliver -- Wage assignments -- Agreements for electronic service | X | ||
| 388-14-435 | Notice of support debt | X | ||
| 388-14-440 | Notice to payee | X | ||
| 388-14-445 | Notice of proposed settlement5 | X | ||
| 388-14-450 | Debt adjustment notice | X | ||
| 388-14-460 | Notice of intent to enforce -- Health insurance coverage | X | ||
| 388-14-480 | Notice of enrollment -- Health insurance coverage -- Issuance and termination | X | ||
| 388-14-490 | All Washington employers must report new hires to the Washington state support registry | X | ||
| 388-14-495 | Registering an order from another state for enforcement or modification | X | ||
| 388-14-500 | The division of child support will accept oral requests for hearing or conference board | X | ||
| 388-14-510 | What is the division of child support's license suspension program? | X | ||
| 388-14-520 | The notice of noncompliance and intent to suspend licenses | X | ||
| 388-14-530 | Who is subject to the DCS license suspension program? | X | ||
| 388-14-540 | How do I avoid having my license suspended for failure to pay child support? | X | ||
| 388-14-550 | Signing a repayment agreement will avoid certification for noncompliance | X | ||
| 388-14-560 | How to obtain a release of certification for noncompliance | X | ||
| 388-14-570 | Administrative hearings regarding license suspension are limited in scope | X |
2 WAC 388-11-315 is being repealed and replaced by rules in chapter 388-14A WAC under CR-101 filed [as] WSR 98-19-123, CR-102 filed February 2000, rule-making hearing set for April 4, 2000, for an effective date in May 2000.
3 The revisions to the support establishment notices provide for service of the support establishment notice on the custodial parent and the noncustodial parent at the same time, with equal rights for each parent to participate. WAC 388-11-400 through 388-11-430 are being repealed. See endnote 1, above.
4 In addition to 97-02 review, this rule will be updated to reflect the new federal distribution rules effective October 1, 2000.
5 See endnote 1, above.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090, Governor's Executive Order 97-02.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In an effort to make its rules easier to use, DCS intends to combine all its rules into one chapter of the Washington Administrative Code. DCS is reviewing and revising existing rules for clarity, readability and usability.
Process for Developing New Rule: The DSHS Division of Child Support encourages the public to participate in the development of new rules. You can find information on DCS rule making at www.wa.gov/dshs/esarules/dcs.htm. You can contact the DCS Rules Coordinator, Nancy Koptur, at (360) 664-5065 for more details. DCS encourages public participation by means of the Internet and by public meetings to discuss rule making. See our website for details.
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, Division of Child Support Headquarters, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 664-5065 or 1-800-457-6202, fax (360) 664-5055, e-mail nkoptur@dshs.wa.gov, TDD/TTY (360) 664-5011.
February 25, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit