WSR 16-17-147 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed August 24, 2016, 10:12 a.m., effective August 26, 2016] Effective Date of Rule: August 26, 2016.
Purpose: The department is amending WAC 388-442-0010 How does being a fleeing felon impact my eligibility for benefits?, to comply with changes in federal regulations regarding who is considered ineligible for benefits.
Citation of Existing Rules Affected by this Order: Amending WAC 388-442-0010.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.100, 74.04.770, 74.08.025.
Other Authority: 7 C.F.R. 273.11.
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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The United States Department of Agriculture, Food and Nutrition Service (FNS) clarified who is considered ineligible for the supplemental nutrition assistance program (SNAP) due to fleeing from the law. Current Washington Administrative Code is in contradiction to federal rules enacted November 1, 2015. Lack of compliance with FNS rules can result in loss of funding for or penalization to SNAP in Washington. Additionally, the current rule makes certain Washington residents ineligible for SNAP benefits who are now eligible based on recently adopted federal regulations.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 5, 2016.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-24-044, filed 11/26/13, effective 1/1/14)
WAC 388-442-0010 ((How does being a fleeing felon impact my eligibility for benefits)) Am I eligible for benefits if I am fleeing from the law or breaking a condition for parole or probation?
(1) ((You are a fleeing felon if you are fleeing to avoid prosecution, custody, or confinement for a crime or an attempt to commit a crime that is considered a felony in the place from which you are fleeing.
(2))) If you are a fleeing felon((,)) or violating a condition of probation or parole ((as determined by an administrative body or court that has the authority to make this decision,)) you are not eligible for ((TANF/SFA)) temporary assistance for needy families (TANF), state family assistance (SFA), ((PWA)) pregnant women assistance (PWA), ((ABD)) aged, blind, or disabled (ABD) cash, referral to the ((HEN)) housing and essential needs (HEN) program, or basic food benefits.
(2) You are a fleeing felon if:
(a) A federal, state, or local law enforcement officer presents us with a felony arrest warrant that includes the national crime information center (NCIC) codes for escape (4901), flight to avoid (4902), or flight-escape (4999);
(b) The officer presenting the warrant is acting in an official capacity to obtain information on your location or other information; and
(c) You are the individual named in the warrant.
(3) You are violating a condition of parole or probation when:
(a) An administrative or judicial order has found you in violation of the terms of your parole or probation; and
(b) A law enforcement agency is actively seeking you to enforce the conditions of your parole or probation.
(4) "Actively seeking" as used in subsection (3)(b) of this section means a law enforcement agency intends to arrest you for a probation or parole violation within:
(a) Thirty days from the date we request information about the parole or probation violation; or
(b) Twenty days from the date the law enforcement agency requests information from us.
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