SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: July 30, 2011.
Purpose: The DSHS division of child support (DCS) is adopting these second 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 filed emergency rules with an effective date of March 31, 2011, under WSR 11-08-020; under RCW 34.05.350(2), those rules expire one hundred twenty days after filing, on July 29, 2011. The public rule-making hearing on these rules is set for August 9, 2011, under WSR 11-13-108. DCS is filing the second emergency rule package in order to keep the rules in effect until after the CR-103P Rule-making order, is filed and the thirty day period required under RCW 34.08.380(2) has run. The rules adopted in this second emergency filing are identical to the first emergency rules.
Citation of Existing Rules Affected by this Order: 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where the application for services was originally made to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?; and 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?
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: July 18, 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 11-17 issue of the Register.