Subject of Possible Rule Making: The division of child support (DCS) proposes to amend WAC 388-14A-6200, 388-14A-6205, 388-14A-6210, and other sections as may be necessary to clarify the right to an administrative hearing to contest a collection action taken by DCS under RCW 74.20A.080 against a noncustodial parent's assets held in a financial institution.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments are needed to alleviate confusion and ambiguity about the administrative remedies available to noncustodial parents and nonobligated joint account owners of record under WAC 388-14A-6200. WAC 388-14A-6200 states that an objection received by DCS within 20 days of the date DCS mailed the noncustodial parent's copy of the collection action to their last known address is scheduled for an administrative hearing regarding ownership of the account and any exemptions to collection that may apply. The rule is silent about what happens when DCS receives the objection after the 20-day timely objection period has expired. Occasionally that leads to inconsistent treatment of objections and inconsistent results. Most administrative law judges read the rule strictly and dismiss objections received by DCS after the 20-day timely objection. Others hold a full hearing on the merits. Under the proposed rules, DCS will treat an untimely or late objection under WAC 388-14A-6200 as a request for a conference board under WAC 388-14A-6400 through 388-14A-6415.

Process for Developing New Rule: DCS engages in modified collaborative rule making. Those wanting to participate in developing the new rules are encouraged to contact Monica Turnbaugh at the department of social and health services (DSHS) DCS headquarters as soon as possible. Rule-making forms and draft rules may also be found on the DSHS filings and rules page at https://www.dshs.wa.gov/office-of-the-secretary/filings-and-rulings. DSHS/DCS encourages the public to take part in developing 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 anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Monica Turnbaugh, DCS, Rules Coordinator, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507, phone 360-664-5339, fax 360-586-8192, TTY 1-800-833-6384, email monica.turnbaugh@dshs.wa.gov.