WSR 97-01-095
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Public Assistance)
[Filed December 18, 1996, 11:52 a.m., effective January 1, 1997]
Purpose: To incorporate provisions of Public Law 104-193 regarding food stamp program intentional rule violation penalties.
Citation of Existing Rules Affected by this Order: Amending WAC 388-49-670.
Statutory Authority for Adoption: RCW 74.04.510.
Under RCW 34.05.350 the agency for good cause finds 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: Compliance is mandatory under Public Law 104-193 within thirty days of enactment.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: January 1, 1997.
December 17, 1996
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 3948, filed 3/1/96, effective 4/1/96)
WAC 388-49-670 Intentional program violations--Disqualification penalties. (1) The department shall disqualify the person or persons committing an intentional program violation as defined in WAC 388-49-020.
(2) The department shall apply the following disqualification penalties to a person committing an intentional program violation for offenses not related to those described in subsection (3) of this section:
(a) ((Six)) If the intentional program violation occurred in whole
or in part after the household was notified of the following penalties:
(i) Twelve months for the first ((disqualification)) violation;
(ii) Twenty-four months for the second violation;
(iii) Permanently for the third violation.
(b) ((Twelve)) If the violation ended before the household was
notified of the penalties in subsection (2)(a) of this section:
(i) Six months for the ((second disqualification)) first violation;
((and
(c))) (ii) Twelve months for the second violation;
(iii) Permanently for the third ((disqualification)) violation.
(3) The department shall apply disqualification penalties against
a person for ((trading or receiving food coupons for controlled
substances or firearms. The department shall impose)) the following
activities:
(a) A ((one)) two-year disqualification penalty for a first
conviction by a federal, state, or local court of the trading or
receiving of food coupons for a controlled substance, as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802); ((or))
(b) A ten-year disqualification penalty for a person found to have made a fraudulent statement or misrepresented information respecting identity or residence in order to receive multiple coupon benefits simultaneously; or
(c) A permanent disqualification for:
(i) The second conviction by a federal, state, or local court of the
trading or receiving of food coupons for a controlled substance as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802);
((or))
(ii) The first conviction by a federal, state, or local court of the trading or receiving of food coupons for firearms, ammunition, or explosives; or
(iii) The first conviction by a federal, state, or local court for knowingly buying, selling, trading, or presenting for redemption food coupons of five hundred dollars or more in violation of section 15 (b) and (c) of the Food Stamp Act of 1977, as amended.
(4) The department shall consider multiple violations as only one
disqualification when the violations occur before the department notified
the household of the penalties, as described in subsection (2)(((a))) and
(3) of this section.
(5) When a court of law convicts a person of an offense which qualifies as an intentional program violation, the department shall:
(i) Recommend that a disqualification penalty, as provided in subsection (2) or (3) of this section, be imposed in addition to any civil or criminal intentional program violation penalties;
(ii) Impose a disqualification period as specified in subsection (2) or (3) of this section if the court fails to address disqualification or specify a disqualification period;
(iii) Initiate the disqualification period for the currently eligible person or persons within forty-five days of the date the:
(A) Disqualification is ordered if the court does not specify a date; or
(B) Court finds such person or persons guilty if the court specifies a disqualification date; and
(iv) Not initiate or continue an intentional program violation disqualification period contrary to a court order.
(6) Before the disqualification is implemented, the department shall provide written notice informing the disqualified person of the disqualification and effective date.
(7) The department shall provide written notice to the remaining household member or members, if any:
(a) Of the allotment the household will receive during the period of disqualification; or
(b) That the household must re-apply because the certification period has expired.
(8) The department shall recognize an intentional program violation
determined in another state or political jurisdiction.
[Statutory Authority: RCW 74.04.510. 96-06-042 (Order 3948), 388-49-670, filed 3/1/96, effective 4/1/96. Statutory Authority: RCW 74.04.050. 95-19-013 (Order 3894), 388-49-670, filed 9/7/95, effective 10/6/95. Statutory Authority: RCW 74.04.510 and P.L. 103-66 section 13942. 94-16-043 (Order 3758), 388-49-670, filed 7/27/94, effective 8/27/94. Statutory Authority: RCW 74.04.510. 89-12-034 (Order 2803), 388-49-670, filed 6/1/89. Statutory Authority: RCW 74.04.050. 88-02-031 (Order 2575), 388-49-670, filed 12/31/87.]