(1) A person with a right to a hearing under this chapter may file a request for a late hearing after the period for requesting a timely hearing has passed. The effective date of a hearing request is the date the division of child support (DCS) receives the request.
(2) Filing a request for a late hearing does not stop:
(a) Collection and enforcement under chapters 26.18
, or 74.20A
(b) The effect of any qualified domestic relations order;
(c) Certification of the support debt to the Internal Revenue Service for an income tax refund offset; or
(d) Distribution upon receipt of moneys collected.
(3)(a) A person who files a late hearing request must show good cause for not filing a timely hearing request unless good cause is not required by the rule governing the notice that is objected to.
(b) If the administrative law judge (ALJ) finds good cause for filing a late hearing request, the ALJ:
(i) Issues a decision on the merits of the objection to the notice; and
(ii) Considers whether to order a stay of collection activities until such time as an initial decision or a temporary order under WAC 388-14A-3850
(ff) is issued. Upon request, the ALJ must, based on the evidence presented at hearing, issue an order under WAC 388-14A-3850
(ff), setting or denying temporary support pending the initial decision.
(c) If the ALJ does not find good cause for filing a late hearing request, the ALJ may issue a decision on modification of the current and future support obligation, if applicable, without a showing of a change of circumstances.
(4) If the ALJ finds good cause for filing a late hearing request, the division of child support (DCS) does not refund any excess amounts collected before the finding of good cause. The ALJ may issue a decision which gives credit against future support in the amount of the excess collections, so long as this does not:
(a) Create hardship to the children for whom support is sought; and
(b) Offset an overpayment of the obligation to the custodial parent (CP) against a debt owed to the department; or
(c) Offset an overpayment of the obligation to the department against a debt owed to the CP.
[Statutory Authority: RCW 74.08.090, 34.05.220(1), 74.20A.055,74.20A.056 . 01-03-089, § 388-14A-3500, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-310.]