WSR 09-10-046

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 1, 2009, 8:51 a.m. ]

Subject of Possible Rule Making: New sections and/or amendments in chapter 388-14A WAC, to implement chapter 84, Laws of 2009 (ESHB 1794), with an effective date of October 1, 2009. ESHB 1794 makes changes to chapter 26.19 RCW, the Washington state child support schedule based on recommendations of the 2007 child support schedule workgroup which was convened under chapter 313, Laws of 2007 (2SHB 1009).

Statutes Authorizing the Agency to Adopt Rules on this Subject: Section 5, chapter 84, Laws of 2009 (ESHB 1794) and RCW 34.05.020, 34.05.060, 34.05.220, 74.08.090, 74.20.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 84, Laws of 2009 (ESHB 1794), with an effective date of October 1, 2009, makes changes to the Washington state child support schedule, in chapter 26.19 RCW. These changes affect the calculation of child support obligations. DCS must amend existing sections or adopt new sections in chapter 388-14A WAC to conform with the new statutory requirements.

Process for Developing New Rule: Division of child support (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/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 http://www.dshs.wa.gov/dcs/, or on the DSHS economic services administration's policy review web site, which can be found at https://fortress.wa.gov/dshs/f2ws03esaapps/extpolicy/. 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. It is possible, though not definite, that DCS might be required to adopt emergency rules in order to meet the effective date of October 1, 2009. In that case, the regular rule-making process will continue so that DCS may adopt final rules.

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, Toll-free 1-800-457-6202, fax (360) 664-5055, TTY/TDD (360) 664-5011.

May 1, 2009

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office