WSR 06-06-076



(Economic Services Administration)

[ Filed February 28, 2006, 4:26 p.m. , effective March 31, 2006 ]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The division of child support (DCS) is amending WAC 388-14A-2160 to bring it into conformance with current federal law. DCS seeks to update and clarify its procedures regarding reporting to consumer reporting agencies.

Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-2160.

Statutory Authority for Adoption: RCW 26.23.120, 74.08.090, 74.20A.310.

Adopted under notice filed as WSR 06-03-020 on January 6, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: February 23, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

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

WAC 388-14A-2160   If my information is confidential, can DCS report me to a credit bureau?   (1) When a consumer reporting agency, ((as defined by 45 C.F.R. 303.105(a))) sometimes called a credit bureau, requests information regarding the amount of overdue support owed by a noncustodial parent (NCP), the division of child support (DCS) provides this information ((if the amount of the support debt exceeds one thousand dollars)).

(2) In addition to responding to requests for information by consumer reporting agencies, DCS reports to those agencies information regarding overdue support owed by an NCP. DCS then updates the information on a regular basis, even after the NCP brings the account current.

(3) Before releasing information to the consumer reporting agency, DCS sends a written notice concerning the proposed release of the information to the NCP's last known address.

(((3))) (4) The notice gives the NCP ten days from the date of the notice to request a conference board to contest the accuracy of the information. If the NCP requests a conference board, DCS does not release the information until a conference board decision has been issued.

(5) A noncustodial parent (NCP) who disagrees with the information supplied by DCS to a consumer reporting agency may file a notice of dispute under the federal Fair Credit Reporting Act, 15 USC 1681.

[Statutory Authority: RCW 74.08.090. 01-03-089, 388-14A-2160, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-030 and 388-14-410.]

Washington State Code Reviser's Office