Effective Date of Rule: Immediately.

     Purpose: To change language creating work requirements for participants in the Basic Food employment and training (BFET) program to receive working connections child care (WCCC) benefits. The language to be changed has previously unanticipated consequences and the changes are necessary to prevent negative impact to the general welfare of the public. The department will adopt this rule under the regular rule-making process with a subsequent filing.

     Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0045.

     Statutory Authority for Adoption: Chapter 43.215 RCW.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: It is necessary for the general welfare of the public to change language requiring that participants in the BFET program meet work requirements in order to be eligible for WCCC benefits. The requirement is impossible for certain BFET participants to meet while pursuing their program of education or training, and would therefore reduce access to child care. For other BFET participants, the requirement would limit the amount of time they could commit to their education and training, prolonging their need for BFET assistance and delaying their transition to full-time employment. Immediate adoption of these changes is in the public interest because it will allow current BFET participants to maintain child care and stay on track with their transition to full-time work.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: August 28, 2012.

Elizabeth M. Hyde

Director

OTS-4966.1

AMENDATORY SECTION(Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)

WAC 170-290-0045   Approved activities for consumers not participating in WorkFirst.   This section applies to applicants and consumers of WCCC who do not participate in WorkFirst activities:

     (1) General requirements for employment ((or)), self-employment, or Basic Food employment and training (BF E&T) program. He or she may be eligible for WCCC benefits for up to a maximum of sixteen hours per day, including travel, study, and sleep time before or after a night shift, when he or she is:

     (a) Employed under WAC 170-290-0003; ((or))

     (b) Self-employed under WAC 170-290-0003; or

     (c) Participating in the BF E&T program under chapter 388-444 WAC.

     (2) Special requirements for education ((and training)).

     (a) An applicant or consumer who is under twenty-two years of age may be eligible for WCCC benefits for high school (HS) or general educational development (GED) program without a minimum number of employment hours.

     (b) An applicant or consumer who is twenty-two years of age or older:

     (i) May be eligible to receive the benefits under this subsection only once during his or her lifetime. In order to qualify for the general education and training benefits under this subsection, he or she must work either:

     (A) Twenty or more hours per week of unsubsidized employment; or

     (B) Sixteen or more hours per week in a paid federal or state work study program;

     (ii) Is limited to up to twenty-four consecutive months of WCCC benefits for participation in:

     (A) Adult basic education (ABE);

     (B) English as a second language (ESL); or

     (C) High school/general educational development (GED) completion; ((or

     (D) Food stamp employment and training program under chapter 388-444 WAC;)) and

     (iii) Is limited to up to thirty-six consecutive months of WCCC benefits for participation in vocational education (Voc Ed). The vocational education program must lead to a degree or certificate in a specific occupation and be offered by the following accredited entities only:

     (A) Public and private technical college or school;

     (B) Community college; or

     (C) Tribal college.

[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0045, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0045, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0045, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0045, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.12.340. 06-12-094, § 388-290-0045, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0045, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0045, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0045, filed 12/19/01, effective 1/19/02.]