WSR 00-03-062



(Economic Services Administration)

[ Filed January 18, 2000, 2:02 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-22-056.

Title of Rule: Repeal WAC 388-418-0012 Prospective eligibility for food assistance.

Purpose: This rule is no longer necessary because all benefits are based on prospective budgeting.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Statute Being Implemented: RCW 74.08.090 and 74.04.510.

Summary: DSHS has adopted rules that cause all benefits to be calculated using prospective budgeting. This eliminates the need for the separate prospective eligibility determination step covered in this rule.

Reasons Supporting Proposal: The implementation of prospective budgeting rules to calculate assistance benefits beginning with benefits issued for January 2000 and later eliminates the need for this rule.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Thomas, Division of Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3240.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: There are no changes anticipated as a result of repealing this rule.

Proposal Changes the Following Existing Rules: This proposal repeals WAC 388-418-0012 Prospective eligibility for food assistance. Prior to January 2000, DSHS calculated food assistance benefits using retrospective budgeting when clients remained prospectively eligible. Now, all benefits are calculated using prospective budgeting which eliminates the need for a separate prospective eligibility determination before a retrospective benefit calculation.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not affected by this proposal.

RCW 34.05.328 does not apply to this rule adoption. This rule does not fit the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on February 22, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by February 11, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by February 22, 2000.

Date of Intended Adoption: No sooner than February 23, 2000.

January 12, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit


     The following section of the Washington Administrative Code is repealed:
WAC 388-418-0012 Prospective eligibility for food assistance.

Washington State Code Reviser's Office