Section 388-14A-3500 - A person must show good cause for filing a late request for hearing(1) A person with a right to a hearing under this chapter may file a request for a late hearing after the period for requesting a timely hearing has passed. The effective date of a hearing request is the date the division of child support (DCS) receives the request.(2) Filing a request for a late hearing does not stop:(a) Collection and enforcement under chapters 26.18, 26.23, or 74.20A RCW;(b) The effect of any qualified domestic relations order;(c) Certification of the support debt to the Internal Revenue Service for an income tax refund offset; or(d) Distribution upon receipt of moneys collected.(3)(a) A person who files a late hearing request must show good cause for not filing a timely hearing request unless good cause is not required by the rule governing the notice that is objected to.(b) If the administrative law judge (ALJ) finds good cause for filing a late hearing request, the ALJ: (i) Issues a decision on the merits of the objection to the notice; and(ii) Considers whether to order a stay of collection activities until such time as an initial decision or a temporary order under WAC 388-14A-3850(ff) is issued. Upon request, the ALJ must, based on the evidence presented at hearing, issue an order under WAC 388-14A-3850(ff), setting or denying temporary support pending the initial decision.(c) If the ALJ does not find good cause for filing a late hearing request, the ALJ may issue a decision on modification of the current and future support obligation, if applicable, without a showing of a change of circumstances.(4) If the ALJ finds good cause for filing a late hearing request, the division of child support (DCS) does not refund any excess amounts collected before the finding of good cause. The ALJ may issue a decision which gives credit against future support in the amount of the excess collections, so long as this does not:(a) Create hardship to the children for whom support is sought; and(b) Offset an overpayment of the obligation to the custodial parent (CP) against a debt owed to the department; or(c) Offset an overpayment of the obligation to the department against a debt owed to the CP.Wash. Admin. Code § 388-14A-3500
Statutory Authority: RCW 74.08.090, 34.05.220(1), 74.20A.055, 74.20A.056. 01-03-089, § 388-14A-3500, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-310.