Effective Date of Rule: May 1, 2011.

     Purpose: The division of child support (DCS) is amending sections in chapter 388-14A WAC, to implement SSB 6893 (61st legislature 2010, 2nd sp. sess.), which amended RCW 26.23.035(5) by suspending the child support pass-through as of May 1, 2011. Although DCS has filed the CR-101, preproposal statement of interest, as WSR 11-07-081, but will be unable to complete the regular adoption process by the effective date. DCS is adopting emergency rules at this time, but continues with the regular rule-making process and will adopt final rules as soon as possible.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-5015 and 388-14A-5100.

     Statutory Authority for Adoption: RCW 26.23.035 (as modified by SSB 6893, 61st legislature 2010, 2nd sp. sess.), RCW 34.05.350 (1)(c) and 74.08.090.

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: For budgetary reasons, the legislature adopted SSB 6893 (61st legislature 2010, 2nd sp. sess.), which amended RCW 26.23.035(5) by suspending the child support pass-through as of May 1, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: April 21, 2011.

Katherine I. Vasquez

Rules Coordinator

     (2) A pass-through payment ((is)) was the portion of a support collection applied to assigned support that the state ((elects)) elected to pay to a family ((currently)) receiving TANF at the time the collection was received. The pass-through payment ((is)) was paid in the following amounts:

     (a) Up to one hundred dollars per month to a family with one child in the assistance unit.

     (b) Up to two hundred dollars per month to a family with two or more children in the assistance unit.

     (((2))) (3) The pass-through ((is)) was paid from collections ((which are)) distributed to either current support or assigned arrears.

     (((3))) (4) The pass-through amount ((can never)) for any month could not exceed the amount collected in ((the)) that month.

[Statutory Authority: RCW 26.18.170, 26.23.035, 26.23.050, [26.23.]110, 74.20.040, 74.20A.030, [74.20A.]055, [74.20A.]056, and 74.20A.310. 09-02-059, § 388-14A-5015, filed 1/5/09, effective 1/27/09.]

     (2) DCS includes the following information in the distribution and disbursement statement:

     (a) The amount of support collections DCS received and the date of collection;

     (b) A description of how DCS distributed each support collection between current support and the support debt and any fees required by state or federal law;

     (c) The amount DCS claims as reimbursement for public assistance paid, if applicable;

     (d) The amount kept by the state to repay public assistance paid to the family;

     (e) The amount disbursed to the family as a pass-through payment under WAC 388-14A-5015 for collections received between October 1, 2008 and April 30, 2011;

     (f) The amount disbursed to the family as a payment on support owed to the family;

     (g) The amount kept by the state to pay the twenty-five dollar annual fee, if applicable; and

     (h) The amount kept by the state to repay child support paid to the family in error.

     (3) The person to whom a distribution and disbursement statement is sent may file a request for a hearing under subsection (4) of this section within ninety days of the date of the statement to contest how DCS distributed the support collections, and must make specific objections to the statement. The effective date of a hearing request is the date DCS receives the request.

     (4) A hearing under this section is for the limited purpose of determining if DCS correctly distributed the support money described in the contested statement.

     (a) There is no hearing right regarding fees that have been charged on a case.

     (b) If a custodial parent (CP) wants to request a hardship waiver of the fee, the CP may request a conference board under WAC 388-14A-6400.

     (5) A person who requests a late hearing must show good cause for being late.

     (6) This section does not require DCS to send a distribution and disbursement statement to a recipient of payment services only.

[Statutory Authority: RCW 26.18.170, 26.23.035, 26.23.050, [26.23.]110, 74.20.040, 74.20A.030, [74.20A.]055, [74.20A.]056, and 74.20A.310. 09-02-059, § 388-14A-5100, filed 1/5/09, effective 1/27/09. Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4, 5, 7, 8, and 9. 08-12-029, § 388-14A-5100, filed 5/29/08, effective 7/1/08. Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310. 01-03-089, § 388-14A-5100, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-270 and 388-14-274.]

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