Purpose: To implement a change in the federal thrifty food plan for the food stamp program.

Citation of Existing Rules Affected by this Order: Amending WAC 388-49-550, 388-49-560, 388-49-570, and 388-49-580.

Statutory Authority for Adoption: RCW 74.04.510, 74.08.090.

Adopted under notice filed as WSR 98-04-039 on January 29, 1998.

Changes Other than Editing from Proposed to Adopted Version: The department's original intent was to repeal the narrative versions of WAC 388-49-560, 388-49-570, and 388-49-580 and amend a single rule, WAC 388-49-550, to incorporate by reference the underlying CFR provisions for each of the repealed rules. This approach generated strong negative comment. After reviewing the regulatory improvement principles of Executive Order 97-02, and consulting with the program simplification oversight committee chaired by Deputy Secretary Charles Reed, the Economic Services Administration decided to make changes to the proposed rules based on the comments we had received. Instead of repealing the narrative rules and simply incorporating a CFR reference, we amended the existing rules with clear, simple statements of program policy. This is a valid and genuine compromise growing out of our open public participation process. We believe it illustrates the spirit of the Administrative Procedure Act and regulatory improvement as expressed in the Governor's Executive Order.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 4, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 4, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 4, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 4, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

April 23, 1998

Edith M. Rice, Chief

Office of Legal Affairs

AMENDATORY SECTION (Amending WSR 96-23-024, filed 11/12/96, effective 1/1/97)

WAC 388-49-550  ((Monthly allotments)) Computing food stamp benefits. (1) The ((department shall determine the value of the allotment a household receives.

(2) The monthly allotment shall equal the)) federal thrifty food plan (((TFP))) is a low cost diet amount for ((the)) various household ((size reduced by thirty percent of the household's)) sizes. The amounts are issued to households with zero net income. ((The department shall use the monthly allotment standards as established by the food and nutrition service)) Households with net income receive smaller amounts (7 CFR 273.10(e)).

(((3) The department shall issue to households, except for households as specified in subsection (4) of this section, a prorated coupon allotment for the number of days remaining from the date of application to the end of the initial month of eligibility.

(a) The department shall base the allotment on a thirty-day month.

(b) The department shall not issue an allotment for less than ten dollars.

(4) The department shall issue a full month allotment to))

(2) Eligible migrant ((and)) or seasonal farmworker households, applying within one calendar month after a prior certification ends, will receive a full-month allotment (1977 Food Stamp Act, section 8(c)(2)).

(((5) The department shall determine the value of the monthly allotment a household receives by:

(a) Multiplying the household's net monthly income by thirty percent;

(b) Rounding the product up to the next whole dollar if it ends with one through ninety-nine cents; and

(c) Subtracting the result from the thrifty food plan for the appropriate household size.

(6))) (3) All households, except in subsection (2) above, will receive prorated benefits for the days remaining from the application date to the end of the first month of eligibility (7 CFR 273.10(a)):

(a) The benefit is based on a thirty-day month;

(b) A one- or two-person household will not receive a prorated benefit for less than ten dollars (7 CFR 10(e)(2)).

(4) Eligible one- and two-person households ((shall)) receive a ten dollar minimum ((monthly allotment of ten dollars except in the initial)) benefit ((month when the department shall not issue an allotment for less than ten dollars.

(7) The department shall issue an identification card to each certified household)) after the first month of eligibility (7 CFR 273.10(e)(2)).

[Statutory Authority: RCW 74.04.510. 96-23-024, § 388-49-550, filed 11/12/96, effective 1/1/97. Statutory Authority: RCW 74.04.050 and 7 CFR 273.10 (e)(4)(ii)(F). 95-21-054 (Order 3909), § 388-49-550, filed 10/11/95, effective 11/11/95. Statutory Authority: RCW 74.04.050 and 7 CFR 273.10 (e)(4)(ii)(F) and FNS ADM Memo 07-19-94. 94-21-041 (Order 3795), § 388-49-550, filed 10/12/94, effective 11/12/94. Statutory Authority: RCW 74.04.050, Administrative Notice 94-03 and P.L. 103-66 section 13916. 94-16-045 (Order 3755), § 388-49-550, filed 7/27/94, effective 9/1/94. Statutory Authority: RCW 74.04.510 and 7 CFR 273.10 (e)(4)(ii)(F). 93-22-028 (Order 3656), § 388-49-550, filed 10/27/93, effective 11/27/93. Statutory Authority: RCW 74.04.510. 91-23-088 (Order 3290), § 388-49-550, filed 11/19/91, effective 12/20/91; 90-23-077 (Order 3102), § 388-49-550, filed 11/20/90, effective 12/21/90; 89-22-132 (Order 2894), § 388-49-550, filed 11/1/89, effective 12/2/89; 89-05-031 (Order 2760), § 388-49-550, filed 2/13/89; 88-23-082 (Order 2728), § 388-49-550, filed 11/18/88. Statutory Authority: RCW 74.04.050. 88-02-031 (Order 2575), § 388-49-550, filed 12/31/87.]

AMENDATORY SECTION (Amending WSR 93-22-027, filed 10/27/93, effective 11/27/93)

WAC 388-49-560  ((Issuance)) Issuing food stamp benefits. (1) ((The department shall issue food coupons)) An eligible household will receive benefits through a((:

(a))) food coupon authorization (FCA) card system ((staggered through the tenth of the month; or

(b))), direct ((coupon)) mail ((out)) system ((staggered through the tenth of the month)) or electronic benefit issuance system (7 CFR 274.2(a)).

(2) ((For FCAs issued on or after the twentieth of the month, the department shall issue a valid FCA:

(a) Until the end of the month and issue a valid replacement FCA if the household is unable to transact the FCA before the expiration date; or

(b) For the current month's benefits valid in the following month.

(3) The department shall issue the prorated allotment for the initial month and the allotment for the first full month at the same time for eligible households applying on the sixteenth of the month or after, except for households ineligible for the initial month or the second month.

(4) The department shall not transact or restore an FCA with an expired validity date, except as specified under WAC 388-49-560(2).

(5) The department shall maintain issuance records for a period of three years from the month of origin)) Benefits will be issued no later than the tenth of a month.

(3) A household must redeem an FCA during the period it is valid.

[Statutory Authority: RCW 74.04.050 and 7 CFR 274.2 (b)(3). 93-22-027 (Order 3655), § 388-49-560, filed 10/27/93, effective 11/27/93. Statutory Authority: RCW 74.04.050 and 7 CFR 274.3 (e)(1). 93-04-069 (Order 3509), § 388-49-560, filed 1/29/93, effective 3/1/93. Statutory Authority: RCW 74.04.050. 92-15-039 (Order 3417), § 388-49-560, filed 7/9/92, effective 8/9/92; 90-12-084 (Order 3022), § 388-49-560, filed 6/1/90, effective 7/2/90; 88-02-031 (Order 2575), § 388-49-560, filed 12/31/87.]

AMENDATORY SECTION (Amending WSR 89-18-059, filed 9/1/89, effective 10/2/89)

WAC 388-49-570  ((Replacement)) Replacing lost, stolen, or destroyed food stamp allotments (7 CFR 274.6). (1) A household may ((request)) receive a replacement ((not to exceed a one-month allotment)) for:

(a) A food coupon authorization (FCA) card or coupons received, but ((subsequently)) afterward destroyed in a household disaster;

(b) An FCA or coupons lost in or stolen from the mail;

(c) An FCA stolen after receipt; ((or))

(d) Food purchased with coupons and destroyed in a disaster; or

(e) Benefits not greater than a one-month allotment.

(2) ((To request a replacement, the household shall:

(a) Report the destruction or theft within ten days of the incident; or

(b) Report the nonreceipt within the period of intended use; and

(c) Sign an affidavit attesting to the destruction, theft, or nonreceipt within ten days of the report.

(3) The department shall not issue both a household disaster allotment to a household and a replacement allotment in a food and nutrition service (FNS) declared disaster.

(4) When a request for replacement is received, the department shall:

(a) Verify the disaster or theft;

(b) Determine if the coupons or FCA were validly issued, actually mailed, and if sufficient time has elapsed for delivery;

(c) Issue a replacement within ten days of the request if the household is eligible for replacement.

(5) The department shall deny a request for replacement when)) A household will not receive a replacement for:

(a) Certified mail coupons ((were mailed by certified mail and a)) signed ((receipt of delivery is obtained by the post office from)) for by any person residing or visiting at the ((household-)) address provided ((address)) by the household;

(b) Coupons or an FCA ((are)) lost or misplaced after receipt;

(c) Coupons ((are)) stolen after receipt;

(d) ((The)) Benefits issued after a household was issued two countable replacements within ((the previous)) five previous months for:

(i) FCAs or coupons lost in or stolen from the mail ((or for));

(ii) FCAs stolen after receipt; or

(((e) The household was issued two countable replacements within the previous five months for))

(iii) FCAs or coupons destroyed in a household disaster. ((This limit is in addition to the limit under subsection (5)(d) of this section.

(6) The department shall not consider a replacement countable under subsection (5)(d) and (e) of this section if))

(e) Benefits based upon a fraudulent request;

(f) Benefits for more than a one-month allotment;

(g) Benefits replacing an allotment for a household disaster and a food and nutrition service declared disaster at once.

(4) A replacement will not count against a household when:

(a) ((The original or replacement)) An issuance is returned to the department;

(b) ((The original or replacement)) An FCA is not transacted; ((or))

(c) ((The replacement is issued due to)) Department error caused the replacement;

(d) A partial coupon delivery results due to damage or issuance discrepancy; or

(e) Coupons delivered are improperly manufactured or mutilated. More than three-fifths of the mutilated benefits must remain and the mutilated coupons surrendered.

(((7) The department shall deny or delay replacing an FCA when documentation substantiates the replacement request is fraudulent. The department shall:

(a) Inform the household of its right to a fair hearing; and

(b) Continue the denial or delay pending the hearing decision.

(8) The department shall use other delivery methods after two requests are received within a six-month period for replacement of:

(a) An original or replacement FCA; or

(b) Coupons lost in the mail.

(9) If delivery of a partial allotment is reported, the department shall:

(a) Verify the coupon loss was due to damage in the mail before delivery or a discrepancy in the issuance unit's inventory; and

(b) Issue the remainder of the allotment if the partial allotment is an issuance unit error regardless of the number of times the household receives replacements within a six-month period.

(10) The department shall provide replacement for coupons received and found to be mutilated or improperly manufactured.

(a) The replacement shall equal the value of the improperly manufactured or mutilated coupons.

(b) Coupons shall not be replaced if less than three-fifths of the mutilated coupons remain.

(c) The household shall surrender the mutilated or improperly manufactured coupons to the department))

(5) In order to get a replacement, a household has to:

(a) Report the incident to the department within ten days of the incident or during the period of intended benefit use; and

(b) Complete a department affidavit of the destruction, theft or nonreceipt within ten days of the report.

[Statutory Authority: RCW 74.04.510. 89-18-059 (Order 2867), § 388-49-570, filed 9/1/89, effective 10/2/89. Statutory Authority: RCW 74.04.050. 88-02-031 (Order 2575), § 388-49-570, filed 12/31/87.]

AMENDATORY SECTION (Amending WSR 92-08-035, filed 3/24/92, effective 4/24/92)

WAC 388-49-580  ((Restoration of lost)) Restoring food stamp benefits. (((1) The department shall)) A household may receive restored benefits for no more than twelve months when:

(((a) A loss was caused by))

(1) Department error causes the loss;

(((b) An administrative disqualification for))

(2) A finding of intentional program violation was reversed;

(((c))) (3) Required by a rule ((or)), instruction ((specifies restoration of lost benefits;)), or

(((d) A)) court ((action finding benefits were wrongfully withheld.

(2) The department shall restore benefits, even if the household is currently ineligible, for not more than twelve months before whichever of the following occurred first:

(a) The month the department receives a restoration request;

(b) The month the department is notified or discovers a loss has occurred;

(c) The date the household initiated a fair hearing request when a request for restoration was not received; or

(d) The date court action was initiated when the household has taken no other action to obtain a restoration.

(3) The department shall notify the household of:

(a) Its entitlement;

(b) The amount of benefits to be restored;

(c) The method of restoration;

(d) The right to request a fair hearing within ninety days of the date the household is notified; and

(e) Any offsetting to be done.

(4) If the household disagrees with the amount of benefits being restored, the department shall issue the amount determined by the department. If a fair hearing decision overturns the department, the department shall restore any lost benefits.

(5) If household composition has changed, the department shall restore the lost benefits to:

(a) First, the household containing a majority of the persons who were household members at the time of the loss; or

(b) Second, the household containing the head of the household at the time of the loss)) order.

[Statutory Authority: RCW 74.04.510. 92-08-035, § 388-49-580, filed 3/24/92, effective 4/24/92. Statutory Authority: RCW 74.04.050. 88-02-031 (Order 2575), § 388-49-580, filed 12/31/87.]