WSR 00-06-068

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed March 1, 2000, 8:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-19-123.

Title of Rule: Temporary administrative child support orders; new sections WAC 388-14A-3850 When may someone ask for a temporary support order? 388-14A-3855 How does a party request a temporary order when the hearing is continued? 388-14A-3860 How does a party request a temporary order when a petition for review has been filed? 388-14A-3865 Duties of the ALJ when a party requests a temporary support order, 388-14A-3870 When does a temporary support order end? and 388-14A-3875 What if a party does not agree with a temporary support order?; and repealing WAC 388-11-315 Temporary administrative orders.

Purpose: Provides an opportunity for DCS, the custodial parent or the noncustodial parent, to request entry of a temporary child support order when, in the course of an administrative hearing to establish a support obligation or to determine the amount due under an existing order, (1) the ALJ continues the hearing or (2) any party files a petition for review of the initial decision.

Statutory Authority for Adoption: RCW 74.20A.055, 74.08.090.

Statute Being Implemented: RCW 74.20A.055.

Summary: Repeals WAC 388-11-315 and enacts new WAC 388-14A-3850, 388-14A-3855, 388-14A-3860, 388-14A-3865, 388-14A-3870, and 388-14A-3875.

Reasons Supporting Proposal: Due to administrative delays and the often lengthy review periods, DCS seeks to provide temporary support orders for two occasions: (1) When an ALJ continues an administrative hearing which concerns the establishment or determination of a support obligation, and (2) when a petition for review is filed after an initial decision establishing or determining a support obligation. The temporary support order is a way to get support flowing to the family more quickly.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Rules Coordinator, P.O. Box 9162, Olympia, WA 98507, (360) 664-5065.

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: Provides an opportunity for DCS, the custodial parent or the noncustodial parent, to request entry of a temporary child support order when, in the course of an administrative hearing to establish a support obligation or to determine the amount due under an existing order, (1) the ALJ continues the hearing or (2) any party files a petition for review of the initial decision.

Proposal Changes the Following Existing Rules: Repeals existing WAC 388-11-155.

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 applies to this rule adoption. This change does not meet the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on April 4, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by March 10, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6187, by March 21, 2000.

Date of Intended Adoption: April 5, 2000.

February 24, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2698.2
NEW SECTION
WAC 388-14A-3850
When may someone ask for a temporary support order?

(1) There are two times when a temporary support order is appropriate in the course of an administrative hearing:

(a) If in a hearing to establish a support obligation or to determine the amount due under an existing order, the administrative law judge (ALJ) postpones the hearing. A postponement is also called a continuance (see WAC 388-14A-3855); or

(b) If any party files a petition for review of an initial decision which establishes or determines a current support obligation (see WAC 388-14A-3860).

(2) For the purposes of this section and WAC 388-14A-3855 through 388-14A-3875, "a party" means the division of child support (DCS), the noncustodial parent, or the physical custodian of the child.

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NEW SECTION
WAC 388-14A-3855
How does a party request a temporary order when the hearing is continued?

(1) A party may make a request that a scheduled hearing be postponed either prior to the date of the hearing, or on the date of the hearing.

(2) When the administrative law judge (ALJ) grants a continuance prior to the day of hearing, a party must request entry of a temporary support order at the time the ALJ rules on the request for continuance.

(3) When the ALJ grants a continuance on the day of hearing, a party must request entry of a temporary support order before the hearing is adjourned.

(4) When a party requests a temporary support order due to a continuance, the ALJ must either:

(a) Conduct a temporary order hearing at the same time the ALJ hears the motion for continuance; or

(b) Set a time and date within ten business days when the ALJ will hear testimony on the need for and amount of a temporary order.

(4) The ALJ may hear testimony by telephone conference call.

(5) The ALJ may allow the parties to present the evidence then available, and allow five working days from the date of the hearing for submission of additional documents or evidence.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-14A-3860
How does a party request a temporary order when a petition for review has been filed?

(1) If the temporary order is requested because of the filing of a petition for review, a party must request the temporary order within ten days of:

(a) The date that party files the petition for review; or

(b) The date that party receives notice that another party has filed a petition for review.

(2) The request must be made to the office of administrative hearings (OAH) office that entered the initial decision.

(3)The administrative law judge (ALJ) who entered the initial decision must hear the motion for temporary order. If that ALJ is not available, the chief ALJ must designate a substitute ALJ.

(4) The ALJ may enter a temporary order based on the record that was created at the hearing, or may set a telephone conference call hearing within ten working days.

(5) The ALJ may hear testimony by telephone conference call.

(6) The ALJ may allow the parties to present the evidence then available, and allow five working days from the date of the hearing for submission of additional documents or evidence.

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NEW SECTION
WAC 388-14A-3865
Duties of the administrative law judge when a party requests a temporary support order.

(1) An administrative law judge (ALJ) who hears a request for a temporary support order must:

(a) Issue a written order which either:

(i) Determines the responsible parent's current and future support obligation beginning no later than the month following the hearing; or

(ii) Denies the request for a temporary support order.

(b) Include in the temporary order:

(i) A statement that any amounts collected under the temporary order will be credited and will be offset against any debt established in the initial decision; and

(ii) A statement that amounts collected will be distributed and may be subject to recovery under WAC 388-14-272 from the physical custodian;

(c) Issue the temporary order within twenty calendar days of the date the request for temporary order is heard by the ALJ.

(2) If the temporary order is entered subsequent to a continuance, the ALJ must set a new hearing date within ninety days from the date of the date the ALJ hears the request for continuance;

(3) The ALJ must comply with the DSHS rules on child support and include a Washington state child support schedule worksheet when entering a temporary support order.

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NEW SECTION
WAC 388-14A-3870
When does a temporary support order end?

(1) A temporary support order ends on the date an initial decision becomes a final order or on the date of a review decision, if any, whichever is later.

(2) If the parties settle all issues in the case by signing an agreed settlement or consent order, the temporary support order ends on the date the agreed settlement or consent order becomes a final order.

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NEW SECTION
WAC 388-14A-3875
What if a party does not agree with a temporary support order?

(1) A temporary support order or the denial of a TSO is not an initial decision subject to review under WAC 388-08-464. This means that no party has the right to file a petition for review of a temporary support order.

(2) The terms of a temporary order are not binding on the administrative law judge (ALJ) who later enters the initial decision in the matter.

(3) The issuance of a temporary support order does not affect any party's right to ask for review of the initial decision subsequently entered in the matter.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-11-315 Temporary administrative orders.

Washington State Code Reviser's Office