WSR 97-01-088
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services)
(Public Assistance)
[Filed December 18, 1996, 11:37 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Amending WAC 388-49-670 Intentional program violations--Disqualification penalties.
Purpose: Describes the various penalties assessed upon a person who intentionally violates a food stamp program rule.
Statutory Authority for Adoption: RCW 74.04.510.
Statute Being Implemented: Public Law 104-193.
Summary: Incorporates provisions in Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which added disqualification penalties and amended several existing requirements.
Reasons Supporting Proposal: Compliance is mandatory in Public Law 104-193 to administer the food stamp program.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dan Ohlson, Division of Income Assistance, (360) 413-3074.
Name of Proponent: United States Department of Agriculture, governmental.
Rule is necessary because of federal law: Public Law 104-193, Sections 813 and 820.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule incorporates new disqualification penalties written into Public Law 104-193. Committing the federal statute to state rule enables the state to enforce the new mandatory federal penalties and avoid a compliance issue with the federal government.
Increases intentional program violation penalties from six months to one year and twelve months to two years. Adds a ten-year penalty for misrepresentation or fraud to receive multiple benefits simultaneously. Adds permanent disqualification for trafficking coupons worth $500 or more.
Proposal Changes the Following Existing Rules: Changes current six- and twelve-month penalties to twelve- and twenty-four months respectively. Doubles penalty to trafficking for controlled substances. Adds a ten-year penalty for misrepresenting circumstances to receive multiple benefits simultaneously. Adds a permanent penalty for trafficking food coupons worth $500 or more.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not impact small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Social and Health Services is not cited in the statute.
Hearing Location: Lacey Government Center, 1009 College Street S.E., Room 104-B (behind Tokyo Bento restaurant), Lacey, WA 98503, on January 22, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Merry A. Kogut by January 8, 1997, (360) 902-8317, or TTY (360) 902-8324.
Submit Written Comments to: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by January 22, 1997.
Date of Intended Adoption: January 23, 1997.
December 17, 1996
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 3948, filed 3/1/96, effective 4/1/96)
WAC 388-49-670 Intentional program violations--Disqualification penalties. (1) The department shall disqualify the person or persons committing an intentional program violation as defined in WAC 388-49-020.
(2) The department shall apply the following disqualification penalties to a person committing an intentional program violation for offenses not related to those described in subsection (3) of this section:
(a) ((Six)) If the intentional program violation occurred in whole
or in part after the household was notified of the following penalties:
(i) Twelve months for the first ((disqualification)) violation;
(ii) Twenty-four months for the second violation;
(iii) Permanently for the third violation.
(b) ((Twelve)) If the violation ended before the household was
notified of the penalties in subsection (2)(a) of this section:
(i) Six months for the ((second disqualification)) first violation;
((and
(c))) (ii) Twelve months for the second violation;
(iii) Permanently for the third ((disqualification)) violation.
(3) The department shall apply disqualification penalties against
a person for ((trading or receiving food coupons for controlled
substances or firearms. The department shall impose)) the following
activities:
(a) A ((one)) two-year disqualification penalty for a first
conviction by a federal, state, or local court of the trading or
receiving of food coupons for a controlled substance, as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802); ((or))
(b) A ten-year disqualification penalty for a person found to have made a fraudulent statement or misrepresented information respecting identity or residence in order to receive multiple coupon benefits simultaneously; or
(c) A permanent disqualification for:
(i) The second conviction by a federal, state, or local court of the
trading or receiving of food coupons for a controlled substance as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802);
((or))
(ii) The first conviction by a federal, state, or local court of the trading or receiving of food coupons for firearms, ammunition, or explosives; or
(iii) The first conviction by a federal, state, or local court for knowingly buying, selling, trading, or presenting for redemption food coupons of five hundred dollars or more in violation of section 15 (b) and (c) of the Food Stamp Act of 1977, as amended.
(4) The department shall consider multiple violations as only one
disqualification when the violations occur before the department notified
the household of the penalties, as described in subsection (2)(((a))) and
(3) of this section.
(5) When a court of law convicts a person of an offense which qualifies as an intentional program violation, the department shall:
(i) Recommend that a disqualification penalty, as provided in subsection (2) or (3) of this section, be imposed in addition to any civil or criminal intentional program violation penalties;
(ii) Impose a disqualification period as specified in subsection (2) or (3) of this section if the court fails to address disqualification or specify a disqualification period;
(iii) Initiate the disqualification period for the currently eligible person or persons within forty-five days of the date the:
(A) Disqualification is ordered if the court does not specify a date; or
(B) Court finds such person or persons guilty if the court specifies a disqualification date; and
(iv) Not initiate or continue an intentional program violation disqualification period contrary to a court order.
(6) Before the disqualification is implemented, the department shall provide written notice informing the disqualified person of the disqualification and effective date.
(7) The department shall provide written notice to the remaining household member or members, if any:
(a) Of the allotment the household will receive during the period of disqualification; or
(b) That the household must re-apply because the certification period has expired.
(8) The department shall recognize an intentional program violation
determined in another state or political jurisdiction.
[Statutory Authority: RCW 74.04.510. 96-06-042 (Order 3948), 388-49-670, filed 3/1/96, effective 4/1/96. Statutory Authority: RCW 74.04.050. 95-19-013 (Order 3894), 388-49-670, filed 9/7/95, effective 10/6/95. Statutory Authority: RCW 74.04.510 and P.L. 103-66 section 13942. 94-16-043 (Order 3758), 388-49-670, filed 7/27/94, effective 8/27/94. Statutory Authority: RCW 74.04.510. 89-12-034 (Order 2803), 388-49-670, filed 6/1/89. Statutory Authority: RCW 74.04.050. 88-02-031 (Order 2575), 388-49-670, filed 12/31/87.]