WSR 23-03-046
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed January 10, 2023, 10:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 22-22-020.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-460-0005 Can I choose someone to apply for basic food for my assistance unit?
Hearing Location(s): On February 21, 2023, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington [Street S.E.], Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or virtually. Due to the COVID[-19] pandemic, hearings are being held virtually. Please see the DSHS website for the most up-to-date information.
Date of Intended Adoption: Not earlier than February 22, 2023.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by February 21, 2023, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact Shelley Tencza, DSHS rules consultant, phone 360-664-6198, fax 360-664-6185, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by February 7, 2023, 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This change will more accurately align with updated agency protocols for approving authorized representatives for basic food.
Reasons Supporting Proposal: See above.
Statute Being Implemented:
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Joyce Hensen, P.O. Box 45470, Olympia, WA 98504-5470, 425-999-5162.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This amendment is exempt as allowed under RCW
34.05.328 (5)(b)(vii), which states in part, "[t]his 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.["]
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.
Scope of exemption for rule proposal:
Is fully exempt.
January 6, 2023
Katherine I. Vasquez
Rules Coordinator
SHS-4961.1
AMENDATORY SECTION(Amending WSR 03-22-038, filed 10/28/03, effective 12/1/03)
WAC 388-460-0005Can I choose someone to apply for basic food for my assistance unit?
Your basic food assistance unit (AU) can choose an adult who is not a member of the AU to act on their behalf. This is called an authorized representative.
(1) A responsible member of the AU can name, in writing, an authorized representative. A responsible member of the AU is either:
(a) The applicant;
(b) The applicant's spouse;
(c) Another member of the AU the applicant states is able to conduct business on behalf of all members in the AU.
(2) The AU's authorized representative has the authority to apply for basic food on the AU's behalf.
(3) If you receive basic food benefits in a qualified drug and alcohol treatment facility under WAC 388-408-0040, you must have an employee of the facility as your authorized representative for basic food.
(4) If the authorized representative provides information to the department that causes an AU to have an overpayment, the AU members are liable for the overpayment.
(5) An authorized representative may act on behalf of more than one basic food AU only if the community services office administrator approves)).