WSR 97-06-098

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed March 4, 1997, 2:02 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-49-160 Certification periods.

Purpose: No longer mandates that a certification period can only be up to six months for households consisting of a parent and a minor child that was granted separate household status.

Statutory Authority for Adoption: RCW 74.04.510.

Statute Being Implemented: 7 CFR 273.10 (f)(2).

Summary: Deletes the mandate that the certification period can be up to six months for households consisting of a parent and a minor which are granted separate household status.

Reasons Supporting Proposal: Final regulations of the Mickey Leland Childhood Hunger Prevention Act of 1994 and 7 CFR 273.10 (f)(2).

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Wendy Forslin, Division of Income Assistance, (360) 413-3083.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 7 CFR 273.10 (f)(2).

Explanation of Rule, its Purpose, and Anticipated Effects: No longer mandates that the certification period be up to six months for households consisting of a parent and minor child that was granted separate household status.

A child under twenty-two living with a parent can no longer be a separate food stamp household from that parent. Therefore, this mandate is a moot point.

Proposal Changes the Following Existing Rules: WAC 388-49-160(8) deletes the mandate that the certification period be up to six months for households consisting of a parent and minor child that was granted separate household status.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change impacts the food stamp program and does not affect small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 does not apply to the Department of Social and Health Services.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA, on April 8, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin, by March 25, 1997, e-mail lbaldwin@dshs.wa.gov, (360) 902-7540, 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 April 8, 1997.

Date of Intended Adoption: No sooner than April 9, 1997.

March 3, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3987, filed 6/28/96, effective 8/1/96)

WAC 388-49-160 Certification periods. The department shall certify households:

(1) Receiving assistance to coincide with the assistance review or to the end of the assistance period, whichever is earlier;

(2) Consisting of migrants up to three months;

(3) Without earned income in which all members are disabled or all members are disabled or elderly for up to twelve months;

(4) Without earned income in which all members are elderly for up to twenty-four months;

(5) With little likelihood of change for six months;

(6) Reporting monthly with earned income for up to twelve months;

(7) Reporting monthly with recent work history for up to six months((.)); and

(8) ((Consisting of an individual with a minor child living with the individual's parent or sibling and purchasing and preparing food separately per WAC 388-49-190 (1)(e) up to six months)); and

(9))) All other households for up to three months.

[Statutory Authority: RCW 74.04.050 and 7 CFR 273.10 (f)(2). 96-14-074 (Order 3987), 388-49-160, filed 6/28/96, effective 8/1/96. Statutory Authority: RCW 74.04.050 and Waiver to 7 CFR 273.10 (f)(6). 95-06-030 (Order 3841), 388-49-160, filed 2/22/95, effective 4/1/95. Statutory Authority: RCW 74.04.050. 88-02-031 (Order 2575), 388-49-160, filed 12/31/87.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser

Register

Washington State Code Reviser's Office