WSR 03-16-094



(Economic Services Administration)

[ Filed August 6, 2003, 8:07 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Changes to several sections of chapter 388-14A WAC to correct erroneous cross-references. See Statutory Authority for list of sections amended in this proposal.

Purpose: The Division of Child Support (DCS) has discovered erroneous cross-references in chapter 388-14A WAC. These errors mostly are due to changes in WAC or RCW, but some are due to typographical errors in the rules when they were initially adopted.

Other Identifying Information: This proposal is exempt from filing a CR-101 under RCW 34.05.310 (4)(d) because we are correcting information without changing the effect of the rules.

Statutory Authority for Adoption: General rule-making authority: The changes in this CR-102 are being done pursuant to RCW 34.05.310 (4)(d). Specific statutory authority for each amended WAC section proposed is as follows:

WAC 388-14A-1030 What kinds of services can the division of child support provide?: RCW 74.08.090, 45 C.F.R. 303.106.

WAC 388-14A-2040 Do I have to cooperate with the division of child support in establishing or enforcing child support? and 388-14A-2075 What happens if the division of child support determines that I am not cooperating?: RCW 74.08.090, 26.23.035, 74.20A.310.

WAC 388-14A-2135 When might DCS deny a request for address information without going through the notice and hearing process?: RCW 26.23.120, 74.08.090.

WAC 388-14A-2150 How much does it cost to get copies of DCS records? and 388-14A-2155 Can I appeal a denial of public disclosure by the division of child support? and 388-14A-3300 How does the division of child support require me to make my support payments to the Washington state support registry when my support order says to pay someone else?: RCW 74.08.090.

WAC 388-14A-3125 The notice and finding of medical responsibility is used to set a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services, 388-14A-3135 Late hearings, or hearing on untimely objections to support establishment notices, 388-14A-3140 What can happen at a hearing on a support establishment notice? and 388-14A-3205 How does DCS calculate my income?: RCW 34.05.220(1), 74.08.090, 74.20A.055, 74.20A.056.

WAC 388-14A-3315 When DCS serves a notice of support debt or notice of support owed, we notify the custodial parent and/or the payee under the order: RCW 74.08.090, 26.23.035, 34.05.220(1), 74.20A.310.

WAC 388-14A-3350 Are there any limits on how much back support the division of child support can seek to establish?, 388-14A-3375 What kinds of credits does the division of child support give when establishing or enforcing an administrative support order?, 388-14A-3865 Duties of the administrative law judge when a party requests a temporary support order and 388-14A-3875 What if a party does not agree with a temporary support order?: RCW 74.20A.055 and 74.08.090.

WAC 388-14A-3800 Once a support order is entered, can it be changed?: RCW 74.08.090, chapter 26.19 RCW, RCW 34.05.220(1), 74.20A.055, 74.20A.056.

WAC 388-14A-4605 Whose picture can go on the division of child support's DCS most wanted Internet site?: RCW 26.23.120(2), 74.08.090.

WAC 388-14A-5000 How does the division of child support distribute support payments? and 388-14A-5008 Can the noncustodial parent prepay support?: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310.

Statute Being Implemented: RCW 34.05.310 (4)(d). Also, see Statutory Authority above.

Summary: See Purpose above.

Reasons Supporting Proposal: DCS desires to have correct cross-references in its rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS HQ, P.O. Box 9162, Olympia, WA 98507-9162, (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: All rules in this proposal need correction of erroneous cross-references.

Proposal Changes the Following Existing Rules: The cross-references will now be correct.

No small business economic impact statement has been prepared under chapter 19.85 RCW. DCS is correcting information in the text of the rules without changing the effect of the rules. The proposed rules are exempt from preparing a small business economic impact statement under RCW 19.85.025 and 34.05.310(4).

RCW 34.05.328 does not apply to this rule adoption. The rule does not meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(iv). DCS is correcting information in the text of the rules without changing the effect of the rules.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 23, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 19, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail, by 5:00 p.m., September 23, 2003.

Date of Intended Adoption: Not earlier than September 24, 2003.

August 1, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-17 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office