WSR 02-24-069

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 3, 2002, 4:17 p.m. ]

Subject of Possible Rule Making: The Division of Child Support (DCS) is adopting new rules in chapter 388-14A WAC dealing with administrative orders and appeals therefrom, determining when the Office of Administrative Hearings (OAH) issues an initial order, which is subject to review, or a final order, which is not subject to review. Possible minor amendments to existing rules regarding the finality of orders and other related rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.220(1), 74.08.090, 74.20A.055, 74.20A.056, and 74.20A.310.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To bring the rules of the DSHS Division of Child Support (DCS) into accord with the changes to chapter 388-02 WAC effective November 15, 2002 (WSR 02-21-061), eliminating administrative review via the DSHS Board of Appeals for all DCS hearings except for those concerning disclosure of address information under WAC 388-14A-2114 through 388-14A-2140; to clarify when OAH issues an initial decision and when OAH issues a final decision; to establish procedures for requesting reconsideration of a decision by OAH.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: These rules are being changed to coordinate with changes to chapter 388-02 WAC effective November 15, 2002 (WSR 02-21-061), eliminating administrative review via the DSHS Board of Appeals for all DCS hearings except for those concerning disclosure of address information under WAC 388-14A-2114 through 388-14A-2140.

Process for Developing New Rule: DCS engages in modified collaborative rule making. Those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at the DSHS DCS headquarters as soon as possible. DCS will post information regarding this rule development project and others on its website, which can be found at www.wa.gov/dshs/dcs, or on the DSHS Economic Services Administration's regulatory improvement website, which can be found at http://www-app2.wa.gov/dshs/esa/extpolicy/blue.asp. DSHS/DCS encourages the public to take part in developing the rules. At a later date, DSHS will file proposed rules with the Office of the Code Reviser with a notice of proposed rule making, and will send a copy to everyone currently on the mailing list and to anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting DCS Rules Coordinator, Nancy Koptur, Division of Child Support, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 664-5065 or 1-800-457-6202, fax (360) 664-5209, e-mail nkoptur@dshs.wa.gov, TTY/TDD (360) 664-5011.

November 27, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office