PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-09-041.
Title of Rule: Amending WAC 388-14A-6200 What remedies are available to contest the division of child support's seizure of my bank account?; and new sections WAC 388-14A-6205 What happens at a hearing on an objection to seizure of a bank account?, 388-14A-6210 What happens to the seized money once an objection is filed?, 388-14A-6215 What happens if the judge decides the seized money was exempt?, and 388-14A-6220 What remedies are available to contest the division of child support's seizure of my DOC inmate account?
Purpose: The Division of Child Support (DCS) seeks to expand the definition of what kinds of accounts and property are subject to collection action and thus give rise to hearing or conference board rights. For instance, DCS takes collection action against inmate accounts when noncustodial parents are incarcerated at DOC facilities, but the prior version of the rules do not include this kind of account. DCS also revised the rules for clarity and readability.
Statutory Authority for Adoption: RCW 74.08.090, 26.23.035, 34.05.220, 74.20A.310, 45 C.F.R. 303.106.
Statute Being Implemented: RCW 74.08.090, 26.23.035, 34.05.220, 74.20A.310, 45 C.F.R. 303.106.
Summary: DCS revised the rules on hearing and conference board rights arising from the seizure of bank accounts and other types of property.
Reasons Supporting Proposal: Clarity, readability, clarification of policy.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Clarifies the procedure for contesting DCS seizure of bank accounts, other accounts, and safe deposit boxes.
Proposal Changes the Following Existing Rules: Amends WAC 388-14A-6200, adds four new rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on small businesses. It only affects individuals who have support obligations or individuals who are owed child support.
RCW 34.05.328 applies to this rule adoption. The rule does meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 27, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 23, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by 5:00 p.m., November 27, 2001.
Date of Intended Adoption: No sooner than November 28, 2001.
October 17, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2994.3(2) The effective date of a hearing request or objection is the date DCS receives the request.
(3) The NCP or the joint owner must file the objection within twenty days of the date DCS mailed a copy of the order to withhold and deliver to the NCP's last known address.
(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 ((funds or property)) account, or a portion
of the ((funds or property, are)) account is exempt from
satisfaction of the NCP's child support obligation.
(5) If either the NCP or the joint owner of record objects
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 ((funds in the bank)) account((, or to
the other property)) attached by the order to withhold and
deliver:
(a) Pursuant to 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 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
((which)) can be identified as ((AFDC,)) TANF, GA-U, GA-X, SSI
benefits, or other kinds of funds which are legally exempt from
collection action; or
(c) The funds or property attached by the order to withhold and deliver which 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) 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.
(7) 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.
(8) If the final decision of the department or courts on appeal is that DCS has caused money or property that is exempt from satisfaction of the NCP's child support obligation to be withheld by the bank or delivered to the department, DCS must:
(a) Promptly release the order to withhold and deliver; or
(b) Refund the proportionate share of the funds having been identified as being exempt. The department is not liable for any interest accrued on any money withheld under RCW 74.20A.080.
[Statutory Authority: RCW 74.08.090, 26.23.035, 34.05.220, 74.20A.310, 45 CFR 303.106. 01-03-089, 388-14A-6200, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-390.]
(a) Pursuant to 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 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 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 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 exempt from satisfaction of the NCP's child support obligation.
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(1) Promptly release the order to withhold and deliver; or
(2) Refund the proportionate share of the funds having been identified as being exempt. The department is not liable for any interest accrued on any money withheld under RCW 74.20A.080.
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