Subject of Possible Rule Making: Petition to vacate a default order. New section WAC 388-14A-6150 and amending WAC 388-14A-3131 and 388-14A-3132 to have proper cross-references.

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

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To clarify the procedures for petitioning to vacate a default order. Clarifying that an unsuccessful petition to vacate may be treated as a petition to modify the support order.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DCS works with the Office of Administrative Hearings and DSHS Board of Appeals, as well as other external stakeholders, when developing rules that affect the hearing process.

     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 Division of Child Support (DCS) headquarters as soon as possible. DCS will post information regarding this rule development project and others on its web site, which can be found at www.wa.gov/dshs/dcs, or on the DSHS Economic Services Administration's regulatory improvement web site, 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. After the rules are drafted, DSHS will file a copy 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 Nancy Koptur, DCS Rules Coordinator, Division of Child Support, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 664-5065, e-mail nkoptur@dshs.wa.gov, 1-800-457-6202, fax (360) 664-5209, TTY/TDD (360) 664-5011.

June 14, 2001

Brian Lindgren, Manager

Rules and Policies Assistance Unit

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