WSR 09-19-125



(Economic Services Administration)

[ Filed September 22, 2009, 12:44 p.m. ]

Subject of Possible Rule Making: WAC 388-448-0080 PEP sep [step] V -- How we determine your ability to function in a work environment if you have an [a] mental impairment; 388-448-0090 PEP step V -- How we determine your ability to function in a work environment if you have a physical impairment; 388-448-0100 PEP step VI -- How we evaluate capacity to perform relevant past work; 388-448-0110 PEP step VII -- How we evaluate your capacity to perform other work; and any other related WACs.

The community services division is proposing to redefine general assistance incapacity. This may include, but is not limited to, changes regarding social factors, vocational factors and the administrative review team.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.005.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department will propose amendments to WAC 388-448-0080, 388-448-0090, 388-448-0100, 388-448-0110, and any other related WACs, in order to more closely align the general assistance incapacity criteria with the Social Security Administration disability criteria. In addition, the proposed amendments could help the department stay within budget appropriations for the program.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

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 Melissa Mathson, Program Manager, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4563, fax (360) 725-4905, e-mail

September 22, 2009

Stephanie E. Vaughn

Rules Coordinator

Washington State Code Reviser's Office