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388-14A-3205  <<  388-14A-3275 >>   388-14A-3300

PDFWAC 388-14A-3275

The division of child support may amend an administrative notice at any time before a final administrative order is entered.

(1) The division of child support (DCS) may orally amend a notice issued under this chapter at the hearing to conform to the evidence. When DCS amends a notice at the hearing:
(a) The administrative law judge (ALJ) may grant a continuance when necessary to give the parties additional time to present evidence and argument as to the amendment; and
(b) DCS must put the terms of the amendment in writing and provide a copy, in person or by regular mail to the last known address of the parties, and to the ALJ within a reasonable time after amending the notice.
(2) The amended notice does not generate a new hearing right.
(3) When DCS has obtained reliable information that the income basis of the notice is inaccurate, DCS amends a notice issued under WAC 388-14A-3115, 388-14A-3120, or 388-14A-3125 prior to seeking a default order for failure to appear. An amendment under this subsection must be made according to the terms of subsection (1) above.
(4) Subsection (3) of this section does not apply:
(a) To cases in which no one has requested a hearing; or
(b) After the ALJ has closed the hearing record.
(5) If DCS has amended the notice under this section and either the noncustodial parent or the custodial parent fail to appear at a rescheduled hearing date, the ALJ must enter a default order on the terms of the amended notice.
[Statutory Authority: RCW 74.08.090, 74.20A.055. WSR 01-03-089, ยง 388-14A-3275, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-300.]
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