Purpose: The division of child support (DCS) is amending WAC 388-14A-6200, 388-14A-6205, and 388-14A-6210 to clarify the administrative hearing rights available to a paying parent or joint account holder when DCS has issued a collection action under RCW 74.20A.080, known as an order to withhold and deliver. The changes clarify that a timely objection under WAC 388-14A-6200 is scheduled for an administrative hearing with the office of administrative hearings. Objections received after the timely objection period will be scheduled for a conference board under WAC 388-14A-6400 through 388-14A-6415. The length of the timely objection period is not changing. These amendments provide clarity and reduce confusion over remedies available to paying parents and joint account holders under WAC 388-14A-6200. Additional technical changes have been made in line with the office of the code reviser's drafting guidelines.

(1) If the division of child support (DCS) takes collection action against a bank account, safe deposit box, or other property held by a bank, credit union, or savings and loan (collectively, "the account"), the noncustodial parent (NCP) or the joint owner of record of the account may contest the action ((in a hearing)).

(2) The effective date of ((a hearing request or))an objection is the date DCS receives the request.

(3) The NCP or the joint owner must file the objection within ((twenty))20 days of the date DCS mailed a copy of the order to withhold and deliver to the NCP's last known address for the objection to be considered timely.

(4) The NCP or joint owner of record must state in the objection the facts supporting the allegation ((by the NCP or the joint owner)) that the account, or a portion of the account, is exempt from satisfaction of the NCP's child support obligation.

(5) If either the NCP or the joint owner of record ((objects))submits a timely objection to the collection action, DCS schedules a hearing solely for the purpose of determining whether ((or not)) one of the following exemptions applies to the account attached by the order to withhold and deliver:

(a) ((Pursuant to))Under RCW 26.16.200 and 74.20A.120, the property or funds in the community bank account, joint bank account, or safe deposit box, or a portion of the property or funds ((which))that can be identified as the earnings of the NCP's spouse who does not owe a support obligation to the NCP's child or children, are exempt from satisfaction of the child support obligation of the NCP((.));

(b) The funds in a bank account, or a portion of those funds can be identified as TANF, ((GA-U, GA-X,)) SSI benefits, or other kinds of funds ((which))that are legally exempt from collection action; or

(c) The funds or property attached by the order to withhold and deliver ((which))that can be identified as being solely owned by the joint owner of record of the bank account or safe deposit box who does not owe a child support obligation to the child or children of the NCP, are exempt from satisfaction of the NCP's child support obligation.

(6) If either the NCP or the joint owner of record submits an untimely or late objection to the collection action, the objection is treated as a request for a conference board under WAC 388-14A-6400 through 388-14A-6415.

(1) If either the noncustodial parent (NCP) or the joint owner of record ((objects))submits a timely objection to a division of child support (DCS) collection action against a bank account, DCS schedules a hearing solely for the purpose of determining whether ((or not)) one of the following exemptions applies to the funds in the bank account, or to the other property attached by the order to withhold and deliver:

(b) The funds in the bank account, or a portion of those funds can be identified as TANF, ((GA-U, GA-X,)) SSI benefits, or other kinds of funds ((which))that are legally exempt from collection action; or

(c) The funds or property attached by the order to withhold and deliver can be identified as being solely owned by the joint owner of record of the bank account or safe deposit box who does not owe a child support obligation to the child or children of the NCP and are exempt from satisfaction of the NCP's child support obligation.

(2) The person challenging the collection action has the burden of tracing the funds and proving the property or funds in the bank account, or property in a safe deposit box, are exempt from satisfaction of the NCP's child support obligation.

(3) The administrative law judge (ALJ) is limited to the determination of whether the funds in the bank account, or the other property attached by the order to withhold and deliver ((is)), are exempt from satisfaction of the NCP's child support obligation.

((The))(1) If the objection is timely, the division of child support (DCS) holds money or property withheld as a result of collection action taken against a bank account or safe deposit box and delivered to DCS at the time of an objection, pending the final administrative order or during any appeal to the courts.

(2) If DCS does not receive a timely objection, DCS distributes the seized money or property to the noncustodial parent's case or cases under WAC 388-14A-5000 through 388-14A-5008.

(3) If the objection is untimely or late, DCS holds the seized money or property still in its possession pending a conference board decision, after distribution of the funds required under WAC 388-14A-5000 through 388-14A-5008.