PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Subject of Possible Rule Making: The department plans to amend rules in chapter 388-412 WAC and may create new rules in order to establish policy in this chapter. Rules proposed and amended under chapter 388-412 WAC will provide policy regarding the issuance, delivery, replacement, expungement, and adjustment of department benefits.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08A.020, 74.08.090, Titles 7 and 45 C.F.R.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department plans to amend rules in chapter 388-412 WAC and may adopt new rules under this chapter to provide rules on how the department delivers benefits, when the department will replace benefits that were issued, when the department expunges benefits that have been unused in an electronic benefits transfer (EBT) account, and when the department will replace all or a part of expunged benefits.
Additionally, the department must provide for a process to adjust electronic benefits transfer accounts to correct transactions that were errantly recorded due to a system malfunction.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service (FNS) adopts federal regulations for the food stamp program under Title 7 of the United States Code of Federal Regulations, Parts 271-274. Additionally, FNS provides federal policy requirements through administrative notices and letters to state agency directors. The department implements these federal program requirements and exercises state options for the Washington Basic Food program by adopting rules under Washington Administrative Code.
The United States Department of Health and Human Services, Office of Family Assistance and Office of Refugee Assistance adopt federal regulations for the TANF program and Refugee Programs under Title 45 of the U.S. Code of Federal Regulations, Volume 2. The department develops a state plan for these programs consistent with Title 74 RCW and adopts rules under Washington Administrative Code.
Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Camp, Policy Analyst, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4616, fax (360) 493-3493, e-mail Campjc@dshs.wa.gov.
March 1, 2007
Jim Schnellman, Chief
Office of Administrative Resources