WSR 13-21-126

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed October 22, 2013, 2:21 p.m., effective November 22, 2013]

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

Purpose: The DSHS community services division is amending rules under WAC 388-444-0005, 388-444-0055, 388-444-0065, 388-444-0070, and 388-444-0075 to update Basic Food work requirement rules to be consistent with federal regulations, and Washington approved Basic Food state plan. The department is also removing the requirement to obtain comparable employment after serving a disqualification period for quitting a job without good cause or voluntarily reducing work effort without good cause.

Previous versions of this rule were missing the "voluntarily [voluntary] reduction in work effort" provisions that must be stated and included in the Basic Food work requirements rules to be consistent with federal law.

Also, based on comments received during internal review and preproposal review it was decided we exercise a supplemental nutrition assistance program (SNAP) state agency option and not require individual participants to obtain comparable employment after serving the appropriate disqualification period for quitting a job without good cause or voluntarily reducing work effort without good cause.

Citation of Existing Rules Affected by this Order: Amending WAC 388-444-0005, 388-444-0055, 388-444-0065, 388-444-0070, and 388-444-0075.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.

Other Authority: 7 C.F.R. § 273.7.

Adopted under notice filed as WSR 13-09-027 on April 9, 2013.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 5, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.

Date Adopted: October 14, 2013.

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION (Amending WSR 10-18-048, filed 8/26/10, effective 10/1/10)

WAC 388-444-0005 Am I required to work or look for work in order to be eligible for Basic Food?

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;

(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.

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

(a) Contact us as required;

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

(d) Not voluntarily quit a job or reduce your work effort as defined under WAC 388-444-0065 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.

(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.

AMENDATORY SECTION (Amending WSR 10-18-048, filed 8/26/10, effective 10/1/10)

WAC 388-444-0055 What are the penalties if I refuse or fail to meet Basic Food work requirements?

(1) If we register you for work you must meet the work requirements under WAC 388-444-0005 or 388-444-0030 unless you have good cause as defined in WAC 388-444-0050. If you do not follow these rules, you will become an ineligible assistance unit member as described under WAC 388-408-0035. The remaining members of the assistance unit continue to be eligible for Basic Food.

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

(a) For the first failure, one month;

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

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

(4) If you do not comply with the work requirements of the following programs, you cannot receive Basic Food unless you meet one of the conditions described under WAC 388-444-0010 except subsections (((1)(d))) (4) or (((e))) (5):

(a) WorkFirst;

(b) Unemployment compensation;

(5) Within ten days after learning of your refusal to participate in your program, the financial worker will send you a notice that your 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 Basic Food until you comply with your program, or until you meet the 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 meet work requirements and you are otherwise eligible, you may receive 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 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 work registration disqualification also ends. If you are otherwise eligible, you may begin to receive Basic Food.

AMENDATORY SECTION (Amending WSR 10-23-112, filed 11/17/10, effective 12/18/10)

WAC 388-444-0065 Am I eligible for Basic Food if I quit my job or reduce my work effort?

(1) You are not eligible for Basic Food if you voluntarily quit your current job without good cause as defined in WAC 388-444-0070, and ((you are in one of the following categories)):

(a) You were working ((twenty)) or self-employed and working thirty hours or more per week or ((the job provided)) you had weekly earnings at least equal to the federal minimum wage multiplied by ((twenty)) thirty hours; and

(b) The quit was within sixty days before you applied for Basic Food or any time after; and

(c) At the time of quit you ((were applying for Basic Food and)) would have been required to register for work as defined in WAC 388-444-0005((;

(d) If you worked or you were self-employed and working thirty hours a week or you had weekly earnings at least equal to the federal minimum wage multiplied by thirty hours)).

(2) You are not eligible for Basic Food if you voluntarily reduce your work effort without good cause as defined in WAC 388-444-0070, and:

(a) You were working or self-employed and working thirty hours or more per week or you had weekly earnings at least equal to the federal minimum wage multiplied by thirty hours; and

(b) The reduction was within sixty days before you applied for Basic Food or any time after; and

(c) If after the reduction, you are working less than thirty hours per week or your weekly earnings are not at least equal to the federal minimum wage multiplied by thirty hours; and

(d) At the time of reduction you would have been required to register for work as defined in WAC 388-444-0005.

(3) You are not eligible to receive Basic Food if you have participated in a strike against a federal, state or local government and have lost your employment because of such participation.

AMENDATORY SECTION (Amending WSR 10-23-112, filed 11/17/10, effective 12/18/10)

WAC 388-444-0070 What is good cause for quitting my job or reducing my work effort?

Unless otherwise specified the following rules apply to all persons receiving Basic Food.

(1) You must have a good reason (good cause) for quitting a job or reducing your work effort, as defined in WAC 388-444-0065, or you will be disqualified from receiving Basic Food under WAC 388-444-0075. Good cause includes the following:

(a) Your employment is unsuitable as under WAC 388-444-0060;

(b) You were discriminated against by an employer based on age, race, sex, color, religious belief, national origin, political belief, marital status, or the presence of any sensory, mental, or physical disability or other reasons in RCW 49.60.180;

(d) You accepted other employment or are enrolled at least half time in any recognized school, training program, or institution of higher education;

(e) You must leave a job because another assistance unit member accepted a job or is enrolled at least half time in any recognized school, training program, or institution of higher education in another county or similar political subdivision and your assistance unit must move;

(f) You are under age sixty and retire as recognized by your employer;

(g) You accept a bona fide offer of employment of ((twenty)) thirty hours or more a week or where the weekly earnings are equivalent to the federal minimum wage multiplied by ((twenty)) thirty hours. However, because of circumstances beyond your control, the job either does not materialize or results in employment of ((twenty)) less than thirty hours ((or less)) a week or weekly earnings of less than the federal minimum wage multiplied by ((twenty)) thirty hours;

(h) You leave a job in connection with patterns of employment where workers frequently move from one employer to another, such as migrant farm labor or construction work; and

(i) Circumstances included under WAC 388-444-0050;

(2) You are eligible for Basic Food after quitting a job or reducing you work effort if the circumstances of the job involve:

(a) Changes in job status resulting from ((reduced)) involuntary reduction of employment hours ((of employment)) while working for the same employer;

(b) Termination of a self-employment enterprise; or

(3) You must provide proof that you had good cause for quitting a job or reducing your work effort. However, we do not deny your application for Basic Food if you are unable to get this proof even with our help.

AMENDATORY SECTION (Amending WSR 10-23-112, filed 11/17/10, effective 12/18/10)

WAC 388-444-0075 What are the penalties if I quit a job without good cause?

(1) If you have applied for Basic Food and have quit a job without good cause within sixty days before applying for Basic Food, we deny your application and you must have a penalty period as described under subsection (3) from the date of your application.

(2) If you already receive Basic Food and you quit your job without good cause, we send you a letter notifying you that you will be disqualified from Basic Food. The disqualification in subsection (3) of this section begins the first of the month following the notice of adverse action.

(3) You are disqualified for the following minimum periods of time and until the conditions in subsection (4) of this section are met:

(a) For the first quit, one month;

(b) For the second quit, three months; and

(4) You may reestablish eligibility after serving the disqualification period, if otherwise eligible by:

(a) Getting a new job; or

(b) Participating in Workfare as provided in WAC 388-444-0040.

(5) If you become exempt from work registration under WAC 388-444-0010, we end your disqualification for a job quit or reduction of work effort unless you are exempt ((for)) because you are applying for or receiving unemployment compensation (UC), or participating in an employment and training program under TANF.

(6) If you are disqualified and move from the assistance unit and join another assistance unit, we continue to treat you as an ineligible member of the new assistance unit for the remainder of the disqualification period.