WSR 09-23-110



(Economic Services Administration)

(Division of Child Support)

[ Filed November 18, 2009, 7:46 a.m. , effective November 20, 2009 ]

Effective Date of Rule: November 20, 2009.

Purpose: The Washington legislature adopted SSB 5166 (chapter 408, Laws of 2009) regarding license suspension for noncompliance with child support orders. The division of child support (DCS) adopted emergency rules to implement this legislation, which took effect on July 26, 2009. The emergency rules were filed as WSR 09-15-183 and will expire on November 19, 2009.

DCS has filed the CR-102, Notice of proposed rule making, published as WSR 09-23-068, and the public rule-making hearing is scheduled for January 5, 2010. DCS cannot file the CR-103, Permanent rule-making order, until the day after the rule-making hearing, and the final rules will be effective thirty-one days after the CR-103 is published.

DCS began the rule-making process by filing a CR-101, Preproposal notice of inquiry, as WSR 09-14-073, but is unable to complete the regular adoption process by the date the first emergency rules will expire. This second set of emergency rules is exactly the same as the first set of emergency rules. The proposed rules in the CR-102 make some changes to the emergency rules.

Amending WAC 388-14A-4500 What is the division of child support's license suspension program?, 388-14A-4505 The notice of noncompliance and intent to suspend licenses, 388-14A-4510 Who is subject to the DCS license suspension program?, 388-14A-4515 How do I avoid having my license suspended for failure to pay child support?, 388-14A-4520 Signing a ((repayment)) payment agreement may avoid certification for noncompliance, 388-14A-4525 How to obtain a release of certification for noncompliance and 388-14A-4530 ((Administrative hearings)) What happens at an administrative hearing regarding license suspension ((are limited in scope.))?; and new sections WAC 388-14A-4512 When may the division of child support certify a noncustodial parent for license suspension?, 388-14A-4527 How does a noncustodial parent request an administrative hearing regarding license suspension?, 388-14A-4535 Can the noncustodial parent file a late request for hearing if a license has already been suspended?, and 388-14A-4540 When is a DCS conference board available regarding license suspension issues?

Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-4500, 388-14A-4505, 388-14A-4510, 388-14A-4515, 388-14A-4520, 388-14A-4525, and 388-14A-4530.

Statutory Authority for Adoption: SSB 5166 (chapter 408, Laws of 2009); RCW 34.05.060, 43.20A.550, 74.04.055, 74.04.057, 74.20A.310, 74.20A.320(10), 74.20A.350(14).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Chapter 408, Laws of 2009 (SSB 5166) had an effective date of July 26, 2009. Although DCS has begun the regular rule-making process to adopt rules under this bill, we were unable to complete the adoption process by the effective date of the statutory changes, so we adopted emergency rules as WSR 09-15-183. The emergency rules will expire on November 19, 2009. DCS cannot adopt final rules that would be effective by that date. DCS continues the regular rule-making process and plans to adopt final rules as soon as possible.

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 4, Amended 7, 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 4, Amended 7, Repealed 0.

Date Adopted: November 13, 2009.

Stephanie E. Vaughn

Rules Coordinator

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 09-24 issue of the Register.

Washington State Code Reviser's Office