WSR 05-18-065

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 6, 2005, 4:23 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-08-091.

Title of Rule and Other Identifying Information: WAC 388-437-0001 Disaster food stamp program.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on October 11, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 12, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., October 11, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by October 7, 2005, TTY (360) 664-6178 or phone (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending this rule to improve clarity in describing the disaster food stamp program.

Reasons Supporting Proposal: In the event of a disaster, the department works with the United States Department of Agriculture, Food and Nutrition Service (FNS) to change some requirements for the Washington Basic Food program and help ensure that people in a disaster area have access to food.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Rule is necessary because of federal law, 42 U.S.C. 4151.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ken Adney, 1009 College S.E., Lacey, WA 98504, (360) 725-4606.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule is not a significant rule as defined in RCW 34.05.328 (5)(c).

August 29, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3596.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-437-0001   Disaster food stamp program.   (1) ((Assistance units that suffer a loss as a result of a federally declared disaster may receive disaster food stamp benefits.

(2) Food and nutrition services (FNS) must approve use of this program when a disaster is declared)) In the event of a disaster, the department works with the United States Department of Agriculture, Food and Nutrition Services (FNS) to change some requirements for the Washington Basic Food program and help ensure that people in a disaster area have access to food. This is known as the Disaster Food Stamp Program.

(2) If the President of the United States has declared a portion of the state as a federal disaster area, we ask FNS to allow use of the Disaster Food Stamp Program for the areas impacted by the disaster. Both of the following conditions must be met:

(a) People's normal access to buy food has been disrupted; and

(b) These commercial channels have since been restored with reasonable access and sufficient food supplies as determined by FNS.

(3) The department will implement any Disaster Food Stamp Program as approved by FNS.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-437-0001, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office