WSR 11-08-067

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 6, 2011, 10:09 a.m. ]

Subject of Possible Rule Making: The department is proposing to amend rules, or adopt new sections, regarding the allowable use of benefits for cash and food assistance programs. This may include amending rules in chapters 388-412 and 388-446 WAC, WAC 388-472-0005, and other related rules, and include the creation of a new chapter and WAC section(s).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 9.91.142, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended and 42 U.S.C. 601a.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments proposed under this filing are needed to incorporate federal regulations regarding the allowable use of supplemental nutrition assistance program (SNAP) benefits. Amendments will provide definitions of trafficking and adopt federal penalties for trafficking of food assistance benefits. Additionally amendments may be necessary to conform with restrictions regarding the use of EBT food and cash during the 2011 legislative session or necessary to carry out the purposes of the cash and food assistance programs.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DSHS incorporates regulations from federal agencies, exercises state options, and implements approved waivers and demonstration projects by adopting administrative rules for the federal SNAP administered as the Washington Basic Food program. DSHS adopts rules for cash assistance conforming to federal regulations under Title 45 C.F.R., Title IV-A of the Social Security Act, Title 74 RCW and the approved TANF state plan.

Process for Developing New Rule: Negotiated rule making, 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 Holly St. John, Community Services Division, P.O. Box 45470, Olympia, WA 98504-4904, phone (360) 725-4895, fax (360) 725-4904, e-mail stjohhc@dshs.wa.gov.

April 6, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office