3) Intercepting judgments, settlements, and lump-sum pension payments.
The Department or child support agency may initiate these administrative remedies if arrears owed by a payer in a court case equal or exceed a threshold. For each administrative enforcement action, the rule defines the threshold that arrears in a court case must equal or exceed before the Department or child support agency may initiate that action. Generally, that threshold for license suspension and account seizure is 300% of the monthly amount due, and the threshold for real and personal property seizure is 600% of the monthly amount due.
In addition to considering the arrears in a court case, when considering property seizure as an administrative remedy, the Department or child support agency must determine whether property identified for seizure has sufficient value before initiating any seizure process. The rule specifies the factors that must be considered when determining the value of the property, and the amount that the property value must exceed before seizure may be initiatied. In general, the funds in a financial account must exceed $500, the payer's equity in personal property must exceed $500, and the payer's equity in real property must exceed 20 percent of the payer's proportionate share of the property's fair market value, before the Department or child support agency may seize the property.
Child support payers have an opportunity to negotiate alternative payment plans to suspend the execution of administrative enforcement actions. The rule outlines the process for negotiating payment plans, the factors that must be considered when establishing payment plans, and the possible terms and conditions of payment plans. The rule also defines noncompliance with a payment plan, and provides payers with an opportunity to renegotiate payment plans.
Notice of lien and administrative enforcement actions may be provided by regular mail to the last-known address of a child support payer. According to1997 Wis. Act 191, notice requirements are met if notice of lien or administrative enforcement action has been sent to the last-known address provided by the payer, and a diligent effort has been made to ascertain the location of the payer. The rule outlines the process the Department and child support agency will use to verify and obtain an address from a postmaster, and the diligent efforts that will be taken to obtain the current address of a payer.
The rule describes the circumstances in which a payee will be notified that an administrative enforcement action has been initiated against the payer. In general, these are circumstances in which the Department or the child support agency is aware that the payer is subject to a protective order or there is otherwise reason to believe that a payee or child may be harmed physically or emotionally by the payer.
The Department and the child support agencies have the authority to request from any person information that they determine necessary for administering the child support program. 1997 Wis. Act 191 gives the Department and child support agencies additional authority to issue administrative subpoenas to obtain financial information and other documentation necessary for child support administration. Under the Act, the Department or child support agency may require individuals or entities to pay an administrative forfeiture for failure to comply with an administrative subpoena or a request for information. The rule specifies the administrative forfeiture that may be imposed for failure to comply with an administrative subpoena or a request for information, and when the administrative forfeiture may be imposed. Generally, an administrative forfeiture for a failure to comply will not exceed $25, but if the failure to comply is the result of intentional conduct by the subpoena respondent to hide information, falsify information, or provide incomplete information, the administrative forfeiture will equal $500.
1997 Wis. Act 191 requires the Department and financial institutions operating in the state to enter into agreements to perform quarterly record matching, using automation to the extent feasible, to determine whether a delinquent child support payer has an ownership interest in a financial account. The rule outlines the procedures DWD will use to enter into agreements with financial institutions and requires DWD to reimburse financial institutions for participating in the data match program. In general, financial institutions will be reimbursed $100 per quarter for performing an automated data match with the Department.
The Department's goal is to begin implementation of these provisions in 1999.
Copies of the Rules
A copy of the rules to be considered may be obtained from:
Troy Sterr, (608) 261-8860
Bureau of Child Support
Department of Workforce Development
201 East Washington Ave.
Madison, WI 53707
Copies may also be obtained at the time and place the hearing is held.
Written Comments
Interested people are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. People making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from people unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, may be submitted no later than October 9, 1998, for inclusion in the summary of public comments submitted to the Legislature.
Any such comments should be submitted to Troy Sterr at the address noted above. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
The rule will not affect small businesses; it affects individuals only.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
The rule will not affect small businesses; therefore, small businesses will not need additional reporting, bookkeeping, or other procedures as a result of the rule.
3. Types of professional skills necessary for compliance with the rules:
The rule will not affect small businesses.
Fiscal Estimate
This rule implements various provisions of 1997 Wis. Act 191, related to the child support enforcement program, including forfeitures for failing to comply with a subpoena, the financial record matching program, liens, and notice and service of process requirements.
Counties may realize cost savings by switching to mailing of notices of administrative enforcement, instead of using service of process. The amount of savings cannot be determined at this time. Although the $25 forfeiture for noncompliance with administrative subpoenas and requests for information may be imposed in a few cases, the amount of revenue generated is expected to be minimal. Local postage costs for liens are expected to be offset by the new enforcement tool. Agency workload may increase due to requests for financial records and court order review; however, these costs can be absorbed.
Long-Range Fiscal Implications
Ongoing costs include $409,200 annually beginning in SFY 2002 (State Fiscal Year 2002) for reimbursement of financial institutions. This cost includes reimbursement of 1023 financial institutions in Wisconsin, at the rate of $100/quarter for data matching. Annual postage costs of $17,375 are also expected.
Contact People
Agency contact person for substantive questions:
Carol Henry
Planning Unit Supervisor
DWD Bureau of Child Support
Telephone (608) 266-0252
Agency contact person for internal processing:
Howard Bernstein
DWD Legal Counsel
Telephone (608) 266-9427
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. ILHR 47 - Relating to the petroleum environmental cleanup fund.
Ch. HFS 89 - Relating to residential care apartment complexes (formerly known as assisted living facilities).
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order affecting ch. ILHR 60, relating to the design and construction of public buildings and places of employment used as child day care facilities.
Effective 10-01-98.
An order affecting chs. ILHR 20, 21, 22 and 23, relating to the uniform dwelling code.
Effective 12-01-98.
An order affecting chs. NR 518 and 718 and ss. NR 419.07, 500.03, 811.16 and 812.08, relating to the remediation of soil contamination through landspreading.
Effective 12-01-98.
An order affecting s. NR 485.04, relating to emission limitations for motor vehicles.
Effective 11-01-98.
An order creating s. NR 5.21 (3), relating to waiver of the slow-no-wake speed restriction on Lake Tombeau, Walworth County.
Effective 11-01-98.
An order affecting ss. NR 21.02 21.04, 21.10, 21.11 and 21.12, relating to commercial fishing in the Wisconsin-Minnesota boundary waters.
Effective 11-01-98.
An order repealing and recreating ch. NR 8 and amending s. NR 45.12 (1), relating to implementation of the automated license issuance system.
Effective 01-01-99.
An order repealing and recreating s. NR 46.30 (2) (a) to (c), relating to the administration of the Forest Crop Law and the Managed Forest Law.
Effective 11-01-98.
An order repealing and recreating ch. NR 300, relating to fees for waterway and wetland permit decisions.
