WSR 13-20-041

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 25, 2013, 8:30 a.m.]

Subject of Possible Rule Making: The department is amending WAC 388-446-0020 What penalties will I receive if I break a food assistance rule on purpose?, 388-412-0040 Can I get my benefits replaced?, 388-412-0046 What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits?, and any other related rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.120, 74.08A.903, 74.04.500, 74.04.515, 7 C.F.R. 273.16, 273.18, 274.6 and 274.7.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The community services division is proposing to amend rules under WAC 388-446-0020, 388-412-0040, and 388-412-0046 to make changes concerning food benefit trafficking rules and policy for dealing with excess electronic benefit transfer (EBT) card replacement requests.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service (FNS) enforces the provisions of the federal supplemental nutrition assistance program (SNAP) as enacted in the 2008 Food and Nutrition Act and codified in the Code of Federal Regulations. The department will propose rules that are consistent with the act, federal regulations, FNS administrative notices, and interim guidance.

The state legislature authorizes the department to administer the SNAP and food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.08A.120.

DSHS incorporates regulations from the federal agencies, exercises state options, and implements approved waivers of federal regulatory requirements by adopting administrative rules for food assistance programs administered under 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 Bob Thibodeau, Lead Program Manager, Economic Services Administration, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4634, fax (360) 725-4905, e-mail thiborl@dshs.wa.gov.

September 19, 2013

Katherine I. Vasquez

Rules Coordinator