WSR 11-19-047

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 13, 2011, 12:26 p.m. , effective October 14, 2011 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending WAC 388-412-0005, 388-412-0015, 388-412-0040, 388-446-0001, 388-446-0015, 388-446-0020, and 388-472-0005; and creating a new rule WAC 388-412-0046 What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits?

These amendments are needed to incorporate federal regulations regarding the allowable use of supplemental nutrition assistance program benefits. These amendments provide definitions of trafficking, appropriate and legal use of food assistance benefits, and adopt federal regulations related to fraud, use of food assistance benefits, and penalties for trafficking of food assistance benefits.

These amendments also incorporate department standards for use of DSHS cash assistance benefits consistent with restrictions regarding the use of electronic benefit transfer (EBT) food and cash assistance by amending RCW 74.08.580 during the 2011 legislative session. These changes are necessary to carry out the purposes of DSHS cash and food assistance programs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-412-0005, 388-412-0015, 388-412-0040, 388-446-0001, 388-446-0015, 388-446-0020 and 388-472-0005; and new section WAC 388-412-0046.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 74.04.770, 74.12.260, 74.08.580, 9.91.142, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended and 42 U.S.C. 601a; and ESSB 5921.

Other Authority: 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended and 42 U.S.C. 601a; and ESSB 5921 which was signed into law on June 15, 2011.

Adopted under notice filed as WSR 11-14-082 on July 1, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 8, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 8, Repealed 0.

Date Adopted: September 9, 2011.

Katherine I. Vasquez

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-20 issue of the Register.

Washington State Code Reviser's Office