EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Purpose: The department's Division of Employment and Assistance Programs must amend WAC 388-273-0035 What we reimburse the local telephone company, to clarify payment limits for reimbursable services.
Citation of Existing Rules Affected by this Order: Amending WAC 388-273-0035.
Statutory Authority for Adoption: RCW 74.08.090, 80.36.440.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This change is necessary to keep the WTAP fund within budget. We are in the process of adopting a permanent rule change and the revisions have been released for public comment. However, an extension of the emergency rule is necessary to ensure that the more than 120,000 WTAP participants can continue to use this critical service.
The department has filed a proposed rule-making notice (WSR 05-12-133) to adopt this rule as permanent, and a public hearing is scheduled for July 5, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 9, 2005.
Andy Fernando, Manager
Rules and Policies Assistance Unit
3524.1(a) Program services provided to eligible households June 1, 2003 and beyond, and after eligibility for WTAP is verified;
(i) Monthly flat rate service.
We reimburse the local telephone company an amount equal to the monthly flat rate of the incumbent local exchange carrier providing service in the customer's exchange area, minus the WTAP assistance rate set by the commission, and minus the amount of federal lifeline program reimbursement available to an eligible telecommunications carrier. An "incumbent local exchange carrier" is a telephone company in the U.S. that was providing local service when the Telecommunications Act of 1996 was enacted, and is required to file tariffs with the commission. For all exchange areas, the WTAP reimbursement shall be limited to not more than nineteen dollars for each eligible household.
(ii) Connection fee.
We reimburse the local telephone company an amount equal to one-half the connection fee rate or twenty-two dollars, whichever is less, for your first connection at a given address. If you move, we will reimburse the local telephone company for your first connection at the new address.
(iii) Waiver of local deposit.
We reimburse the local telephone company an amount up to two times the WTAP assistance rate.
(b) Correct, verifiable billing items;
(c) One monthly invoice and supporting documentation submitted and received by WTAP by the fifteenth day following the month the expense occurred;
(d) Items charged in error that have been corrected within thirty days from the date we return the report of invoicing error to the local phone company;
(e) Salaries and benefits for time required to implement and maintain WTAP, with the exception that time required for the correction of billing, case number and client identification errors is not an allowable expense;
(f) Travel expenses for attending hearings, meetings, or training pertaining to WTAP;
(g) Expenses for supplies and materials for implementing and maintaining WTAP;
(h) Postage and handling for delivery of WTAP material;
(i) Administrative charge for change of service orders specified by tariffs; and
(j) Preapproved documented indirect costs associated with implementing and maintaining WTAP.
[Statutory Authority: RCW 74.08.090, 80.36.440, 2003 c 134. 04-13-136, § 388-273-0035, filed 6/22/04, effective 7/23/04. Statutory Authority: RCW 74.08.090, 80.36.440. 01-09-023, § 388-273-0035, filed 4/9/01, effective 6/1/01.]