WSR 16-14-059 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed June 30, 2016, 1:34 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-08-060.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-442-0010 How does being a fleeing felon impact my eligibility for benefits?
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on August 9, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than August 10, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 9, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by July 26, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes proposed under this filing will amend WAC 388-442-0010 to conform to federal regulation changes regarding who is considered a fleeing felon. Federal regulations require the state to choose between two means of determining who is considered a fleeing felon and therefore ineligible for supplemental nutrition assistance program (SNAP) benefits. This WAC amendment defines how Washington basic food determines if someone is a fleeing felon.
Reasons Supporting Proposal: The department of social and health services (DSHS) will amend WAC 388-442-0010 to comply with recent changes to the Code of Federal Regulations for SNAP.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.100, 74.04.770, 74.08.025, 7 C.F.R. 273.11.
Rule is necessary because of federal law, 7 C.F.R. 273.11.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ezra Paskus, 712 Pear Street S.E., Olympia, WA 98501, (360) 725-4611.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses. It only impacts DSHS clients.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
June 28, 2016
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-24-044, filed 11/26/13, effective 1/1/14)
WAC 388-442-0010 ((How does being a fleeing felon impact my eligibility for benefits)) Am I eligible for benefits if I am fleeing from the law or breaking a condition for parole or probation?
(1) ((You are a fleeing felon if you are fleeing to avoid prosecution, custody, or confinement for a crime or an attempt to commit a crime that is considered a felony in the place from which you are fleeing.
(2))) If you are a fleeing felon((,)) or violating a condition of probation or parole ((as determined by an administrative body or court that has the authority to make this decision,)) you are not eligible for ((TANF/SFA)) temporary assistance for needy families (TANF), state family assistance (SFA), ((PWA)) pregnant women assistance (PWA), ((ABD)) aged, blind, or disabled (ABD) cash, referral to the ((HEN)) housing and essential needs (HEN) program, or basic food benefits.
(2) You are a fleeing felon if:
(a) A federal, state, or local law enforcement officer presents us with a felony arrest warrant that includes the national crime information center (NCIC) codes for escape (4901), flight to avoid (4902), or flight-escape (4999);
(b) The officer presenting the warrant is acting in an official capacity to obtain information on your location or other information; and
(c) You are the individual named in the warrant.
(3) You are violating a condition of parole or probation when:
(a) An administrative or judicial order has found you in violation of the terms of your parole or probation; and
(b) A law enforcement agency is actively seeking you to enforce the conditions of your parole or probation.
(4) "Actively seeking" as used in subsection (3)(b) of this section means a law enforcement agency intends to arrest you for a probation or parole violation within:
(a) Thirty days from the date we request information about the parole or probation violation; or
(b) Twenty days from the date the law enforcement agency requests information from us.
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