WSR 17-23-086 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed November 14, 2017, 4:00 p.m., effective November 18, 2017] Effective Date of Rule: November 18, 2017. Purpose: The department files this CR-103E rule-making order, to adopt a second emergency rule amending WAC 388-14A-4505 and 388-14A-4510 in order to implement ESHB 1814 (chapter 269, Laws of 2017), which took effect on July 23, 2017.
The division of child support (DCS) originally adopted emergency rules under WSR 17-16-026, effective July 23, 2017. That emergency rule filing expires on November 18, 2017. This second emergency filing is necessary to maintain the status quo because the effective date of the final permanent rule will not occur within the lifespan of the first emergency rule. The language in this second emergency rule filing is identical to that adopted in the first emergency rule filing.
DCS is engaged in permanent rule making to implement ESHB 1814. The public hearing on the proposed rules was held on November 7, 2017. The CR-103P rule-making order, was filed on November 8, 2017, under WSR 17-23-046. The permanent rules will be effective on December 9, 2017. The language in the permanent rules adopted under the CR-103P filed November 8, 2017, is identical to that in the emergency rules. Citation of Rules Affected by this Order: Amending WAC 388-14A-4505 and 388-14A-4510. Statutory Authority for Adoption: Implementation of ESHB 1814 (chapter 269, Laws of 2017), which takes effect on July 23, 2017, is authorized under RCW 26.23.030, 34.05.220 (1)(a), 34.05.322, 34.05.350 (1)(a) and (b), 74.04.055, 74.08.090, 74.20.040(9), 74.20A.310, and 74.20A.328. Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule. Reasons for this Finding: ESHB 1814 (chapter 269, Laws of 2017), which took effect on July 23, 2017, amended RCW 74.20A.320 to change the requirements for service of the notice of noncompliance and intent to suspend licenses, which is the first step in the process to suspend one or more licenses of a noncustodial parent who is not in compliance with a court order. In order to implement ESHB 1814, DCS must amend WAC 388-14A-4505 and must correct a cross-reference in WAC 388-14A-4510. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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 2, Repealed 0. Date Adopted: November 13, 2017. Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-03-029, filed 1/12/10, effective 2/12/10)
WAC 388-14A-4505 The notice of noncompliance and intent to suspend licenses.
(1) Before certifying a noncustodial parent (NCP) for noncompliance, the division of child support (DCS) must serve the NCP with a notice of noncompliance and intent to suspend licenses. This notice tells the NCP that DCS intends to submit the NCP's name to the department of licensing and any other appropriate licensing entity as a licensee who is not in compliance with a child support order.
(2) The language of the underlying child support order determines the method by which DCS must serve the notice of noncompliance and intent to suspend licenses.
(3) If the support order establishing or modifying the child support obligation includes a statement required under RCW 26.23.050 that the NCP's privileges to obtain and maintain a license may not be renewed or may be suspended if the NCP is not in compliance with a support order, DCS may serve the notice by regular mail to the NCP's last known mailing address on file with the department.
(a) Notice by regular mail is deemed served three days from the date the notice was deposited with the United States Postal Service.
(b) DCS may choose to serve the notice by personal service.
(4) If the support order does not include a statement that the NCP's privileges to obtain and maintain a license may not be renewed or may be suspended if the NCP is not in compliance with a support order:
(a) DCS must serve the notice by certified mail, return receipt requested.
(b) If DCS is unable to serve the notice by certified mail, DCS must serve the notice by personal service, as provided in RCW 4.28.080.
(((3) The notice must include a copy of the NCP's child support order and must contain the address and phone number of the DCS office which issued the notice.
(a) The address and telephone number of DCS office that issued the notice;
(b) That in order to prevent DCS from certifying the NCP's name to the department of licensing or other licensing entity, the NCP has twenty days from receipt of the notice, or sixty days after receipt if the notice was served outside the state of Washington, to contact the department and:
(i) Pay the overdue support amount in full;
(ii) Request a hearing as provided in WAC 388-14A-4527;
(iii) Agree to a payment schedule as provided in WAC 388-14A-4520; or
(iv) File an action to modify the child support order with the appropriate court or administrative forum, in which case DCS will stay the certification process up to six months.
(c) That failure to contact DCS within twenty days of receipt of the notice (or sixty days if the notice was served outside of the state of Washington) will result in certification of the NCP's name to the department of licensing and any other appropriate licensing entity for noncompliance with a child support order. Upon receipt of the notice:
(i) The licensing entity will suspend or not renew the NCP's license and the department of licensing (DOL) will suspend or not renew any driver's license that the NCP holds until the NCP provides DOL or the other licensing entity with a release from DCS stating that the NCP is in compliance with the child support order;
(ii) The department of fish and wildlife will suspend a fishing license, hunting license, occupational licenses (such as a commercial fishing license), or any other license issued under chapter 77.32 RCW that the NCP may possess. In addition, suspension of a license by the department of fish and wildlife may also affect the NCP's ability to obtain permits, such as special hunting permits, issued by the department. Notice from DOL that an NCP's driver's license has been suspended shall serve a notice of the suspension of a license issued under chapter 77.32 RCW.
(d) That suspension of a license will affect insurability if the NCP's insurance policy excludes coverage for acts occurring after the suspension of a license; and
(e) If the NCP subsequently comes into compliance with the child support order, DCS will promptly provide the NCP and the appropriate licensing entities with a release stating the NCP is in compliance with the order.
(6) DCS is not required to include a copy of the NCP's child support order with the notice. Upon request from the NCP, DCS must provide a copy of the order or orders that serve as a basis for the notice of noncompliance.
AMENDATORY SECTION (Amending WSR 10-03-029, filed 1/12/10, effective 2/12/10)
WAC 388-14A-4510 Who is subject to the DCS license suspension program?
(1) The division of child support (DCS) may serve a notice of noncompliance on a noncustodial parent (NCP) who is not in compliance with a child support order.
(a) DCS may serve a notice of noncompliance on an NCP who meets the criteria of this section, even if the NCP is in jail or prison. Unless the NCP has other resources available while in jail or prison, DCS stays the commencement of the objection period set out in WAC ((388-14A-4505 (4)(b))) 388-14A-4505 (5)(b) until the NCP has been out of jail or prison for thirty days.
(b) DCS may serve a notice of noncompliance on an NCP who meets the criteria of this section, even if the NCP is a public assistance recipient. DCS stays the commencement of the objection period in WAC ((388-14A-4505 (4)(b))) 388-14A-4505 (5)(b) until the thirty days after the NCP's cash assistance grant is terminated.
(2) Compliance with a child support order for the purposes of the license suspension program means the NCP owes no more than six months' worth of child support.
(3) Noncompliance with a child support order for the purposes of the license suspension program means an NCP has:
(a) An obligation to pay child support under a court or administrative order; and
(b) Accumulated a support debt, also called an arrears or arrearage, totaling more than six months' worth of child support payments; or
(c) Failed to do one of the following:
(i) Make payments required by a court order or administrative order towards a support debt in an amount that is more than six months' worth of payments; or
(ii) Make payments to the Washington state support registry under a written agreement with DCS toward current support and arrearages and the arrearages still amount to more than six months' worth of child support payments.
(4) There is no minimum dollar amount required for license suspension, as long as the arrears owed by the NCP amount to more than six months' worth of support payments:
Example 1. Assume the child support order sets current support at one hundred dollars per month: The NCP has not made a single payment since the order was entered seven months ago. This NCP is more than six months in arrears.
Example 2. Assume the child support order sets current support at one hundred dollars per month: The NCP has paid for the last few months, but owes arrears of over six hundred dollars. This NCP is more than six months in arrears.
Example 3. Assume the child support order sets current support at one hundred dollars per month: The child is over eighteen, and no more current support is owed. However, the NCP has a debt of over one thousand two hundred dollars. This NCP is more than six months in arrears.
Example 4. Assume a judgment of three thousand dollars is entered by the court: The order requires the NCP to pay fifty dollars per month toward the arrears. The NCP has not made payments toward this obligation for eight months. This NCP is more than six months in arrears.
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