WSR 00-06-039

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed February 28, 2000, 2:38 p.m. ]

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

1 The rules on support establishment notices (notice and finding of financial responsibility, notice and finding of parental responsibility, and notice and finding of medical responsibility[)] are being repealed and rewritten as chapter 388-14A WAC under CR-101 published [as] WSR 98-19-122. The CR-102 will be filed in March 2000, with the rule-making hearing tentatively planned for May 9, 2000, for an effective date in June 2000.

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

Washington State Code Reviser's Office