WSR 10-07-058

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 15, 2010, 10:52 a.m. ]

Subject of Possible Rule Making: The department plans to amend WAC 388-412-0020 When do I get my benefits?, and any other related WACs.

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, 74.08.090, and 74.08A.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 388-412-0020 currently does not inform eligible food assistance households when they will receive their initial issuance of food benefits. The department is proposing to amend WAC 388-412-0020 to inform these households that their initial food benefits will be issued within thirty days from the date of application, as required by food and nutrition service (FNS) program regulations under 7 C.F.R. 273.2 (g)(1) and 7 C.R.F. [C.F.R.] 274.2(b), and FNS Administrative Notice 10-11.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, FNS publishes federal regulations for the supplemental nutrition assistance program in the Federal Register. Rules published in the federal register are incorporated into the United States Code of Federal Regulations (C.F.R.). FNS also issues administrative notices and interim guidance to inform states of new program requirements that are not yet in the United States C.F.R.

The state legislature authorizes the department to administer the Food Stamp Program and food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.08A120 [74.08A.120].

DSHS incorporates regulations from the federal agencies, exercises state options, and implements approved waivers of federal regulatory requirements by adopting administration rules for food assistance programs administered under the Washington state combined application program (WASHCAP) and the Washington Basic Food program.

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 Kim Chea, Program Manager, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4653, fax (360) 725-4905, e-mail kimberly.chea@dshs.wa.gov.

March 15, 2010

Don Goldsby, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office