(1) A responsible parent may request an adjudicative proceeding upon service of the notice described in RCW 74.20A.320. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent.

Terms Used In Washington Code 74.20A.322

  • Child support order: means a superior court order or an administrative order. See Washington Code 74.20A.020
  • Department: means the state department of social and health services. See Washington Code 74.20A.020
  • License: means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity to a licensee evidencing admission to or granting authority to engage in a profession, occupation, business, industry, recreational pursuit, or the operation of a motor vehicle. See Washington Code 74.20A.020
  • Licensing entity: includes any department, board, commission, or other organization authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, recreational pursuit, or the operation of a motor vehicle, and includes the Washington state supreme court, to the extent that a rule has been adopted by the court to implement suspension of licenses related to the practice of law. See Washington Code 74.20A.020
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Responsible parent: means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics. See Washington Code 74.20A.020
(2) If a responsible parent timely requests an adjudicative proceeding, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order and has not made a good faith effort to comply.
(3) The issues that may be considered at the adjudicative proceeding are limited to whether:
(a) The person named as the responsible parent is the responsible parent;
(b) The responsible parent is required to pay child support under a child support order;
(c) The responsible parent is in compliance with the order; and
(d) The responsible parent has made a good faith effort to comply with the order.
(4) If the administrative law judge finds that the parent is not in compliance with the support order, but has made a good faith effort to comply, the administrative law judge shall formulate a payment schedule as provided in RCW 74.20A.326.
(5) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of his or her rights to review. The parent’s copy of the decision may be sent by regular mail to the parent’s most recent address of record.
(6) The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW, the administrative procedure act.
(7) The procedures of this section constitute the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order and suspension of a license under this section, and satisfy the requirements of RCW 34.05.422.
(8) For the purposes of this section, “good faith effort to comply” is a factual determination to be made by the administrative law judge based on the responsible parent’s payment history, ability to pay, and efforts to find and maintain gainful employment.