WSR 13-22-079
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed November 6, 2013, 6:56 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-13-078.
Title of Rule and Other Identifying Information: WAC 388-446-0020 What penalties will I receive if I break a food assistance rule on purpose?
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on December 10, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than December 11, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on December 10, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 18, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments provide penalty information to comply with C.F.R. 273.16 for second convictions of food assistance benefits.
Reasons Supporting Proposal: Amendments proposed under this filing are needed to incorporate federal regulations regarding the allowable use of supplemental nutrition assistance program (SNAP) benefits. The proposed amendment includes second conviction penalties for Washington food assistance programs consistent with federal penalties for intentional program violations for SNAP.
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.
Statute Being Implemented: 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.
Rule is necessary because of federal law, 7 C.F.R. 273.16.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA, (360) 725-4895.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
October 29, 2013
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-14-012, filed 6/21/12, effective 7/22/12)
WAC 388-446-0020 What penalties will I receive if I break a food assistance rule on purpose?
(1) Breaking a rule on purpose for food assistance is known as an intentional program violation (IPV) under WAC 388-446-0015. These rules apply to all DSHS food assistance programs including:
(a) Washington Basic Food program or Basic Food;
(b) The Washington combined application project (WASHCAP) under chapter 388-492 WAC;
(c) Transitional food assistance (TFA) under chapter 388-489 WAC; and
(d) The state-funded food assistance program (FAP) for legal immigrants.
(2) You will have a disqualification period if we have shown that you have committed an IPV in any of the following three ways:
(a) We establish that you committed an IPV through an administrative disqualification hearing (ADH) under WAC 388-446-0015;
(b) You signed a disqualification consent agreement that waives your right to an administrative disqualification hearing and states you accept the IPV penalty; or
(c) A federal, state or local court found that you committed an IPV or found you guilty of a crime that breaks food assistance rules.
(3) Special penalties for certain crimes - If you are convicted in a court of law for crimes that are an intentional program violation, we disqualify you for the period of time set in the court order. If the court order does not state a disqualification period, we set a disqualification period based on the crime you were convicted of committing:
(a) Drugs - If you are convicted in a federal, state, or local court of trading or receiving food benefits for a controlled substance, we disqualify you:
(i) For a period of twenty-four months for a first offense; and
(ii) Permanently for a second offense.
(b) Weapons - If you are convicted in a federal, state or local court of trading your food assistance benefits for firearms, ammunition, or explosives, we permanently disqualify you from receiving food assistance on the first offense.
(c) Trafficking - If you are convicted in a federal, state, or local court of knowingly buying, selling, trading, or presenting for redemption food assistance benefits totaling five hundred dollars or more, we permanently disqualify you from receiving food assistance on the first offense.
(d) False identification - If you are found to have provided false identification to receive benefits in more than one assistance unit, we disqualify you from receiving food assistance:
(i) For ten years on the first offense.
(ii) For ten years on the second offense.
(iii) Permanently for the third offense.
(e) Receiving benefits in more than one state - If you are found to have provided false residency information to receive benefits in more than one household or state, we disqualify you from receiving food assistance:
(i) For ten years on the first offense.
(ii) For ten years on the second offense.
(iii) Permanently for the third offense.
(4) In addition to penalties for crimes described in subsection (3), if you commit an IPV you will not be eligible for food assistance:
(a) For a period of twelve months for any first intentional program violation;
(b) For a period of twenty-four months for any second intentional program violation; and
(c) Permanently for any third intentional program violation.
(5) We only apply a disqualification penalty to the person or persons who have committed an intentional program violation.
(6) Start date of a disqualification. The date of a disqualification depends on how a person was disqualified. We will send you a letter telling you when your disqualification period will start:
(a) ADH or consent agreement - If you were found to have committed an IPV in an administrative disqualification hearing or you signed a consent agreement waiving this hearing and accepting the disqualification, we start the disqualification period by the second month after we sent you a letter informing you of the disqualification.
(b) Conviction in court - If you are convicted in court of a crime that is an intentional program violation, your disqualification period in subsection (4) is in addition to any civil or criminal penalties. We disqualify you from food assistance within forty-five days of the court order unless this timing conflicts with the court order.
(7) Disqualifications apply in all states - If you have an IPV disqualification this stays with you until the penalty period is over, even if you move to another state:
(a) If we disqualify you from food assistance, you are also disqualified from receiving supplemental nutrition assistance program (SNAP) benefits in another state during the disqualification period.
(b) If you are disqualified from receiving SNAP benefits for an IPV from another state, you can't receive food assistance in Washington during the disqualification period.
(8) Even though we only disqualify the persons who have committed an IPV from receiving food assistance benefits, all adults in the assistance unit are responsible to repay any benefits you were overpaid as described under WAC 388-410-0020 and 388-410-0025.