WSR 14-14-120

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 2, 2014, 7:51 a.m.]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-410-0025 Am I responsible for an overpayment in my assistance unit?, 388-410-0033 How and when does the department collect a Basic Food or WASHCAP overpayment?, and any other related rules to clarify the establishment and recovery of Basic Food overpayments.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510 and Title 7 C.F.R. §273.18.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed changes will clarify when claims may be corrected by administrative law judges, indicate that the secretary has designated the office of financial recovery (OFR) as the organization that may dismiss claims based on hardship, and to incorporate the process OFR uses to evaluate hardship claims by reference.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Changes proposed under this filing will be consistent with federal regulations regarding claims against households under Title 7 C.F.R. §273.18, RCW 43.20B.030, 43.20A.110, and DSHS Administrative Policy 4.13.

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 Holly St. John, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4895, fax (360) 725-4904, e-mail stjohhc@dshs.wa.gov.

June 26, 2014

Katherine I. Vasquez

Rules Coordinator