WSR 05-02-019

EXPEDITED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration

(Division of Child Support)

[ Filed December 27, 2004, 1:50 p.m. ]

Title of Rule and Other Identifying Information: Amendment of WAC 388-14A-4304 What happens if the judge determines that I have paid too much for day care and special expenses?, to correct a typographical error in subsection (1).

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850 , AND RECEIVED BY 5:00 p.m., March 7, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current version of the rule contains a typographical error in subsection (1), namely it refers to the administrative lay judge when it should refer to the administrative law judge.

Reasons Supporting Proposal: RCW 34.05.353 (1)(c) permits using the expedited rule-making process to correct typographical errors. The correction promotes clarity.

Statutory Authority for Adoption: RCW 26.19.080, 34.05.220, 74.08.090, 74.20A.310.

Statute Being Implemented: RCW 34.05.353 (1)(c).

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

Name of Proponent: Department of Social and Health Services, Economic Services Administration, Division of Child Support, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065 or 1-800-457-6202.

December 21, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3499.1
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)

WAC 388-14A-4304   What happens if the judge determines that I have paid too much for day care and special expenses?   (1) If at a hearing under WAC 388-14A-4303, the administrative ((lay)) law judge (ALJ) decides that the custodial parent (CP) has not incurred costs in the amount paid by the noncustodial parent (NCP), any ordered overpayment reimbursement may be applied an as offset to any nonassistance child support arrears owed by the NCP on that case only. If there is no nonassistance debt owed on the case, the reimbursement must be in the form of a credit against the NCP's future child support obligation:

(a) Spread equally over a twelve-month period starting the month after the administrative order becomes final; or

(b) When the future support obligation will end under the terms of the order in less than twelve months, spread equally over the life of the order; or

(c) With the consent of the CP, in the form of a direct reimbursement by the CP to the NCP.

(2) The NCP may not pay more than his or her proportionate share of day care or other special child rearing expenses in advance and then deduct the overpayment from future support transfer payments unless:

(a) Specifically agreed to by the CP; and

(b) Specifically agreed to in writing by DCS for periods when the CP or the dependent child receives public assistance.

[Statutory Authority: RCW 74.08.090, 34.05.220, 26.23.035, 74.20A.310. 01-03-089, 388-14A-4304, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-376.]

Washington State Code Reviser's Office