SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: Immediately.
Purpose: The DSHS division of child support (DCS) is adopting these emergency rules to implement changes in the federal regulations concerning establishing and enforcing intergovernmental child support obligations. The federal rules being implemented in this rule-making order are 45 C.F.R. Parts 301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2.
DCS anticipates that we will be unable to complete the regular adoption process by the effective date. Therefore, DCS is adopting emergency rules at this time, but contemporaneously with the filing of this CR-103E, DCS is filing a CR-101, preproposal statement of inquiry, to start the regular rule-making process. DCS will adopt final rules as soon as possible.
Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-2080 Once DCS opens a support enforcement
case, under what circumstances can it be closed?, 388-14A-2085
Under what circumstances may DCS ((
deny)) keep a support
enforcement case open despite a request to close (( a support
enforcement case)) it?, 388-14A-2090 Who (( is mailed))
receives notice (( of DCS' intent to close)) when DCS closes a
case?, 388-14A-2097 What happens to payments that come in
after a case is closed?, 388-14A-2160 (( If my information is
confidential, can)) On what authority does DCS (( report me
to)) share my confidential information with a credit bureau?,
388-14A-3130 What happens if a (( parent)) party makes a timely
request for hearing on a support establishment notice?,
388-14A-3304 The division of child support may serve a notice
of support debt and demand for payment when it is enforcing a
support order issued in Washington state, a foreign court
order or a foreign administrative order for support,
388-14A-3305 What can I do if I disagree with a notice of
support debt and demand for payment?, 388-14A-3306 Does a
notice of support debt and demand for payment result in a
final determination of support arrears?, 388-14A-3307 How does
the division of child support proceed when there are multiple
child support orders for the same obligor and children?,
388-14A-7100 The division of child support may register an
order from another state for enforcement or modification,
388-14A-7305 How (( do I)) does a party, IV-D agency or
jurisdiction ask (( DCS to do)) for a determination of
controlling order?, 388-14A-7325 How does DCS notify the
parties (( of its)) that a determination of the controlling
order (( has been)) is going to be made? and 388-14A-7335 What
happens if someone objects to (( DCS' proposed)) a notice of
support debt and registration which contains a determination
of the presumed controlling order?; and new sections WAC 388-14A-2081 Under what circumstances can DCS close a case
when the application for services was made directly to DCS?
and 388-14A-2083 Under what circumstances can DCS close an
intergovernmental case, otherwise known as a case where the
application for services was originally made to another state,
tribe, territory or country?
Statutory Authority for Adoption: RCW 26.23.120, 34.05.350 (1)(b), 43.20A.550, 74.04.055, 74.08.090, 74.20.040(9), 74.20A.310.
Other Authority: 45 C.F.R. Parts 301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2.
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: 45 C.F.R. Parts 301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 3, Amended 13, 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 3, Amended 13, Repealed 0.
Date Adopted: March 25, 2011.
Katherine I. Vasquez
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 11-09 issue of the Register.