PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Date of Adoption: November 29, 2001.
Purpose: WAC 388-14A-3600 is being amended to provide that an administrative law judge can sign a consent order on behalf of a person appearing by phone.
Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-3600 The parties may resolve any child support case by entering a consent order or an agreed settlement.
Statutory Authority for Adoption: RCW 74.08.090, 34.05.220(1).
Adopted under notice filed as WSR 01-21-100 on October 23, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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Repealed 0;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Repealed 0;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 0,
Amended 1,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
November 30, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2993.1(a) An agreed settlement is signed only by the parties (DCS, the custodial parent and the noncustodial parent).
(b) A consent order must be signed by the parties and by an
administrative law judge (ALJ)((.)) provided that:
(i) In a telephone hearing, the ALJ may sign on behalf of any party if that party gives their consent on the record; and
(ii) The ALJ approves a consent order without requiring testimony or a hearing, unless entry of the order would be unlawful.
(2) An agreed settlement or consent order is final and enforceable on:
(a) The date the last party signs the agreed settlement, if all parties signed the agreed settlement;
(b) The date the ALJ signs the consent order; or
(c) If the ALJ defaults one of the parties to the proceeding, the latest of the following dates:
(i) The date the ALJ signed the consent order;
(ii) The date the last party signed the agreed settlement; or
(iii) The date the order of default is final.
(3) A party to a consent order or an agreed settlement may:
(a) Not petition for review of the settlement or order under WAC 388-02-0560;
(b) Petition for modification under WAC 388-14A-3925; and
(c) Petition to vacate the settlement or consent order under WAC 388-14A-3700. However, the ALJ may only vacate a settlement or consent order after making a finding of fraud by a party, or on any other basis that would result in manifest injustice.
(4) If a hearing has been scheduled, DCS files a copy of the agreed settlement or consent order with the office of administrative hearings (OAH), and OAH issues an order dismissing the hearing. There are no hearing rights on the order dismissing the hearing.
[Statutory Authority: RCW 74.08.090, 34.05.220(1), 74.20A.055, 74.20A.056. 01-03-089, 388-14A-3600, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-150 and 388-11-430.]