388-14A-4530  <<  388-14A-4535 >>   388-14A-4540

WAC 388-14A-4535

Can the noncustodial parent file a late request for hearing if a license has already been suspended?

(1) The noncustodial parent (NCP) may file a late request for hearing if the division of child support (DCS) has certified the noncustodial parent (NCP) because of the NCP's failure to object to the notice of noncompliance as provided in WAC 388-14A-4512(1), even if the department of licensing (DOL) or other licensing entity has suspended the NCP's license.
(2) When an NCP files a late request for hearing, DCS does not release the certification until:
(a) The NCP pays the support debt in full;
(b) DCS and the NCP sign a payment agreement under WAC 388-14A-4520;
(c) There is a final administrative order entered establishing a payment schedule because the NCP made a good faith effort to comply with the order; or
(d) There is a final administrative order entered determining that the NCP did not owe more than six months worth of support and that license suspension was not appropriate at the time of the certification.
(3) If the late request for hearing is filed within one year of the date the notice was served, DCS schedules the matter for administrative hearing under WAC 388-14A-4530.
(4) If the late request for hearing is filed more than one year after the date the notice was served, DCS schedules the matter for administrative hearing under WAC 388-14A-4530. At the hearing:
(a) The NCP must show good cause for the late request for hearing.
(b) The administrative law judge (ALJ) must find that the NCP has made a showing of good cause before granting relief in an administrative order.
(5) DCS and the NCP may negotiate and sign a payment agreement under WAC 388-14A-4520 at any time during this process.
(6) If DCS certified the NCP to a licensing agency based on NCP's failure to comply with a payment agreement or a payment schedule established by a final administrative order, the NCP does not have any additional hearing right on the original notice of noncompliance.
(a) If the NCP previously signed a payment agreement, the NCP waived the administrative hearing right associated with any notice of noncompliance which was served before the agreement was signed. See WAC 388-14A-4525(3).
(b) If the NCP failed to comply with a payment schedule established by a final administrative order, the NCP has already exercised the hearing right associated with the underlying notice of noncompliance.
[Statutory Authority: 2009 c 408, RCW 34.05.060, 43.20A.550, 74.04.055, 74.04.057, 74.20A.310, 74.20A.320(10), and 74.20A.350(14). WSR 10-03-029, ยง 388-14A-4535, filed 1/12/10, effective 2/12/10.]
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