Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-10-074.

     Title of Rule and Other Identifying Information: The community services division is proposing to amend WAC 388-444-0005 Food stamp employment and training (FS E&T) program -- General requirements, 388-444-0010 Clients who are required to register for work and must participate in FS E&T, 388-444-0015 Who is not required to register for work or participate in FS E&T?, 388-444-0020 When must clients register for work but are not required to participate in the food stamp employment and training program (FS E&T)?, 388-444-0025 Payments for FS E&T related expenses, 388-444-0050 Good cause for failure to register for work or for not participating in the FS E&T program, 388-444-0055 What are the penalties for refusing or failing to comply?, and 388-444-0060 FS E&T -- Unsuitable employment.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on August 24, 2010, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than August 25, 2010.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on August 24, 2010.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 10, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend Basic Food work requirement rules to:

     •     Change the name "food stamp employment and training" program to "Basic Food employment and training" program or BF E&T;

     •     Convert the BF E&T program to an all-volunteer program as allowed under federal regulations;

     •     Expand the definition of BF E&T to include any supplemental nutrition assistance program (SNAP) E&T activities or services provided in Washington state;

     •     Define and clarify which Basic Food recipients are mandatory Basic Food work registrants;

     •     Define and clarify which Basic Food recipients can volunteer for BF E&T activities; and

     •     Align rules with current federal regulations on E&T requirements.

     Reasons Supporting Proposal: Compliance with federal regulations is required to continue to receive federal funding.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.515, 74.08.090, 74.08A.120, and 74.08A.903.

     Statute Being Implemented: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.

     Rule is necessary because of federal law, 7 C.F.R. § 273.7.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4634.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by aligning Washington Basic Food work requirements with current federal SNAP work requirement rules and implementing the option of conducting an all-volunteer BF E&T program.

     A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to ... rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

July 15, 2010

Katherine I. Vasquez

Rules Coordinator

     (3) If you are nonexempt from FS E&T requirements,)) Some people must register for work to receive Basic Food.

     (1) If you receive Basic Food, we register you for work if you are:

     (a) Age sixteen through fifty-nine with dependents;

     (b) Age sixteen or seventeen, not attending secondary school and not the head-of-household;

     (c) Age fifty through fifty-nine with no dependents; or

     (d) Age eighteen through forty-nine, able-bodied and with no dependents as provided in WAC 388-444-0030.

     (2) Unless you are exempt from work registration under WAC 388-444-0010, we register you for work:

     (a) When you apply for Basic Food benefits or are added to someone's assistance unit; and

     (b) Every twelve months thereafter.

     (((4) If you are nonexempt, you must meet all the FS E&T program requirements in subsections (5) through (7) of this section. If you fail to meet the requirements without good cause, we disqualify you from receiving Basic Food benefits:

     (a) We define good cause for not meeting FS E&T requirements under WAC 388-444-0050; and

     (b) We disqualify nonexempt persons who fail to meet E&T requirements as described under WAC 388-444-0055.

     (5))) (3) If ((you are nonexempt)) we register you for work, you must:

     (a) ((Report to)) Contact us ((or your FS E&T service provider and participate)) as required;

     (b) Provide information regarding your employment status and availability for work ((when)) if we ask for it;

     (c) Report to an employer ((when)) if we refer you; ((and))

     (d) Not quit a job unless you have good cause under WAC 388-444-0070; and

     (e) Accept a bona fide offer of suitable employment. We define unsuitable employment under WAC 388-444-0060.

     (((6) If you are nonexempt, you must participate in one or more of the following FS E&T activities:

     (a) Job search;

     (b) Paid or unpaid work;

     (c) Training or work experience;

     (d) General education development (GED) classes; or

     (e) English as a second language (ESL) classes.

     (7) If you must participate in WorkFirst under WAC 388-310-0200, you have certain requirements for the Food Stamp Employment and Training Program:

     (a) Your FS E&T requirement is to fully participate in the WorkFirst activities approved in your Individual Responsibility Plan (IRP) under WAC 388-310-0500; and

     (b) If your IRP includes unpaid community service or work experience, we use your TANF grant and the Basic Food benefits received by members of your TANF assistance unit to determine the maximum hours of unpaid work we include in your plan.

     (8) Exempt or nonexempt FS E&T participants will not be required to participate more than one hundred and twenty hours per month, but exempt or nonexempt FS E&T participants may volunteer to participate beyond one hundred and twenty hours)) (4) If we register you for work, you must meet all of the requirements under subsection (3) of this section. If you do not meet these requirements, we disqualify you from receiving benefits as described in WAC 388-444-0055, unless you meet the good cause conditions as defined in WAC 388-444-0050.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.903 and Food, Conservation and Energy Act of 2008. 09-04-009, § 388-444-0005, filed 1/22/09, effective 2/22/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 7 C.F.R. 273.7 and 273.25. 07-14-125, § 388-444-0005, filed 7/3/07, effective 8/3/07; 06-24-026, § 388-444-0005, filed 11/29/06, effective 1/1/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0005, filed 7/31/98, effective 9/1/98.]

     (4) Age eighteen to fifty, able-bodied and with no dependents as provided in WAC 388-444-0030)) If you receive Basic Food, you are exempt from work requirements in chapter 388-444 WAC if you meet any of the following conditions:

     (1) You are age sixteen or seventeen, not the head-of-household, and:

     (a) Attend school such as high school or GED programs; or

     (b) Are enrolled at least half time (using the institutions definition) in an employment and training program under:

     (i) The Workforce Investment Act (WIA);

     (ii) Section 236 of the Trade Act of 1974; or

     (iii) Another state or local employment and training program.

     (2) You are a student age eighteen or older enrolled at least half time as defined by the institution in:

     (a) Any accredited school;

     (b) A training program; or

     (c) An institution of higher education. If you are enrolled in higher education, you must meet the requirements under WAC 388-482-0005 to be eligible for Basic Food benefits.

     (3) You are an employed or self-employed person working thirty hours or more per week, or receiving weekly earnings equal to the federal minimum wage multiplied by thirty;

     (4) You are complying with the work requirements of an employment and training program under temporary assistance for needy families (TANF);

     (5) You receive unemployment compensation (UC) benefits or have an application pending for UC benefits;

     (6) You are responsive to care for:

     (a) A dependent child under age six; or

     (b) Someone who is incapacitated.

     (7) We determine that you are physically or mentally unable to work; or

     (8) You regularly participate in a drug addiction or alcoholic treatment and rehabilitation program.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0010, filed 7/31/98, effective 9/1/98.]

     (2) If you are exempt, you may choose to receive services through the FS E&T program)) The Basic Food employment and training (BF E&T) program is the name for Washington's voluntary supplemental nutrition program (SNAP) employment and training program.

     (1) If you receive federally-funded Basic Food benefits, you may choose to receive services through the BF E&T program in one or more of the following activities, if we currently provide the service in the county where you live:

     (a) Job search;

     (b) Paid or unpaid work;

     (c) Training or work experience;

     (d) General education development (GED) classes; or

     (e) English as a second language (ESL) classes.

     (2) If you are eligible to participate in a BF E&T activity, there is no limit to the number of hours you can participate.

     (3) If you receive benefits under the state-funded food assistance program (FAP), you are not eligible to participate in BF E&T.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 7 C.F.R. 273.7 and 273.25. 06-24-026, § 388-444-0015, filed 11/29/06, effective 1/1/07. Statutory Authority: RCW 74.04.050 and 74.04.510. 00-04-006, § 388-444-0015, filed 1/20/00, effective 3/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0015, filed 7/31/98, effective 9/1/98.]

     (a) Transportation related costs; and

     (b) Dependent care costs for each dependent through twelve years of age.

     (2) ((Dependent care payments are not paid)) We do not pay your dependent care costs if:

     (a) The child is thirteen years of age or older unless ((the child is)) they are:

     (i) Physically and/or mentally ((incapable of self-care)) unable to care for themselves; or

     (ii) Under court order requiring adult supervision; or

     (b) Any member in the food assistance unit provides the dependent care.

     (3) ((Dependent care payments paid by the department cannot be claimed as an expense and used in calculating the dependent care deduction as provided in)) We do not use the cost of dependent care the department pays for as an income deduction for your household's dependent care costs under WAC 388-450-0185.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 07-21-075, § 388-444-0025, filed 10/16/07, effective 11/16/07; 98-16-044, § 388-444-0025, filed 7/31/98, effective 9/1/98.]

     (2) Good cause reasons include, but are not limited to:

     (a) ((Illness of the client)) You were injured or ill;

     (b) ((Illness of another household member requiring the help of the client)) A household member who needs your help was injured or ill;

     (c) A household emergency;

     (d) The unavailability of transportation; or

     (e) Lack of adequate dependent care for children six through twelve years of age.

     (3) ((A client who is determined by the department to lack good cause for failing or refusing to participate in FS E&T is disqualified and is not eligible to receive food assistance)) If we determine that you do not have good cause for failing or refusing to meet the work requirements under WAC 388-444-0005, you will be disqualified from receiving Basic Food as described under WAC 388-444-0055.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0050, filed 7/31/98, effective 9/1/98.]

     (2) If you do not ((follow these rules unless you have good cause)) meet work requirements and we find that you did not have good cause, you cannot receive ((food assistance)) Basic Food for the following periods of time and until you ((comply with)) meet program requirements:

     (a) For the first failure ((to comply)), one month;

     (b) For the second failure ((to comply)), three months; and

     (c) For the third or subsequent failure ((to comply)), six months.

     (3) If you become exempt under WAC ((388-444-0015)) 388-444-0010 and are otherwise eligible, you may begin to receive food assistance.

     (4) If ((you are nonexempt and)) you do not comply with the work requirements of the following programs, you cannot receive ((food assistance)) Basic Food unless you meet one of the conditions described under WAC 388-444-0010 except subsections (1)(d) or (1)(e):

     (a) WorkFirst;

     (b) Unemployment compensation;

     (c) The refugee cash assistance program.

     (5) Within ten days after learning of your refusal to participate in your program, the financial worker will send you a notice that your ((food assistance)) Basic Food benefits will end unless you comply with your program requirements.

     (6) If you do not comply within ten days, you will be issued a notice disqualifying you from receiving ((food assistance)) Basic Food until you comply with your program, or until you meet the ((FS E&T)) work registration disqualification requirements in subsection (2) of this section.

     (7) After the penalty period in subsection (2) of this section is over, and you ((have complied with your program)) meet work requirements((,)) and you are otherwise eligible, you may receive ((food assistance)) Basic Food:

     (a) If you are alone in the assistance unit and apply to reestablish eligibility; or

     (b) If you are a member of an assistance unit, you may resume receiving ((food assistance)) Basic Food.

     (8) During the penalty period, if you begin to participate in one of the programs listed in subsection (4)(a) through (c) and that penalty is removed, the ((FS E&T)) work registration disqualification also ends. If you are otherwise eligible, you may begin to receive ((food assistance)) Basic Food.

     (((9) You have a right to a fair hearing as provided in chapter 388-02 WAC.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-05-010, § 388-444-0055, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050 and 74.04.510. 00-04-006, § 388-444-0055, filed 1/20/00, effective 3/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0055, filed 7/31/98, effective 9/1/98.]

     (1) The wage offered is less than the federal or state minimum wage, whichever is highest;

     (2) The job offered is on a piece-rate basis and the average hourly yield expected is less than the federal or state minimum wage, whichever is highest;

     (3) The employee, as a condition of employment, ((is required to)) must join, resign from, or is barred from joining any legitimate labor union;

     (4) The work offered is at a site subject to strike or lockout at the time of offer unless:

     (a) The strike is enjoined under the Taft-Hartley Act; or

     (b) An injunction is issued under section 10 of the Railway Labor Act.

     (5) The employment has an unreasonable degree of risk to health and safety ((is unreasonable));

     (6) ((The client is)) You are physically or mentally unable to perform the job as documented by medical evidence or reliable information from other sources;

     (7) The employment offered within the first thirty days of Basic Food work registration ((for FS E&T)) is not in ((the client's)) your major field of experience;

     (8) The distance from ((the client's)) your home to the job is unreasonable considering the wage, time and cost of commute:

     (a) The job is not suitable when daily commuting time exceeds two hours per day, not including transporting a child to and from child care; and

     (b) The job is not suitable when the distance to the job prohibits walking and public or private transportation is not available.

     (9) The working hours or nature of the job interferes with ((the client's)) your religious observances, convictions, or beliefs.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0060, filed 7/31/98, effective 9/1/98.]

     The following section of the Washington Administrative Code is repealed:

WAC 388-444-0020

When must clients register for work but are not required to participate in the food stamp employment and training program (FS E&T)?

© Washington State Code Reviser's Office