WSR 00-08-004

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 22, 2000, 3:58 p.m. , effective April 1, 2000 ]

Date of Adoption: March 22, 2000.

Purpose: WAC 388-424-0025 Citizenship and alien status -- Eligibility requirements for the food assistance program for legal immigrants. This amendment will expand eligibility for state-funded food assistant to aliens who are PRUCOL (permanently residing under color of law).

Citation of Existing Rules Affected by this Order: Amending WAC 388-424-0025.

Statutory Authority for Adoption: RCW 74.08A.120.

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.

Reasons for this Finding: RCW 74.08A.120 expands state-funded food assistance to aliens permanently residing under color of law, and a population segment whose food assistance needs are not addressed under federal law. This population segment currently only has local food banks to help alleviate nutrition and health deficiencies.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 1, 2000.

March 22, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2712.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-424-0025
Citizenship and alien status--Eligibility requirements for the food assistance program for legal immigrants.

To receive benefits under the food assistance program for legal immigrants (FAP), a person must be:

(1) A qualified alien who cannot receive federal food stamps because of the eligibility restrictions described in WAC 388-424-0020; or

(2) An alien who is not a qualified alien as defined in WAC 388-424-0005 and is:

(a) Allowed to enter the U.S. for permanent residence by permission of the U.S. Attorney General under section 249 of the Immigration and Nationality Act (INA);

(b) Admitted for temporary residence under section 245A of the INA and is aged, blind, or disabled as described in Title XVI of the Social Security Act;

(c) Granted temporary resident status by the Immigration and Naturalization Service (INS) as a special agricultural worker under section 210 of the INA;

(d) Granted family unity status by the INS and the alien's spouse or parent is eligible to participate in FAP or the federal food stamp program; or

(e) Permanently residing under color of law (PRUCOL) in the United States as defined in WAC 388-424-0005(4).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-424-0025, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]

Washington State Code Reviser's Office