WSR 00-10-093

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 2, 2000, 3:02 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-06-060.

Title of Rule: WAC 388-406-0060 What happens when my application is denied?

Purpose: The rule is written with the intention to be clearer for clients. The rule also includes the federal requirement to send a second letter giving clients a final opportunity for follow through on their application, even though they failed to appear for an initial food stamp application.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.04.055, 74.04.057, C.F.R. 273.2(h1d), waiver October 10, 1984.

Statute Being Implemented: RCW 74.08.090, 74.04.050, 74.04.055, 74.04.057.

Summary: According to Food and Nutrition Service (FNS) Code of Federal Regulations (CFR), the department must attempt to reschedule households that failed to appear for an initial food stamp interview within thirty days from the date the application was filed. FNS approved a waiver dated October 10, 1984, removing the requirement for the department to automatically set specific appointment times for second interviews. However, FNS still requires a letter sent to clients informing them to contact the CSO to reschedule the initial missed interview.

Reasons Supporting Proposal: Provide clients the opportunity to reschedule if they missed their first appointment for food stamps.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Yanagida, DAP, 1009 College Street, Lacey, WA 98504, Mailstop 45470, (360) 413-3104.

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

Rule is necessary because of federal law, Food and Nutrition Service waiver dated October 10, 1984.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule has been written with the intention to be clearer for clients. The rule also includes the federal requirement to send a second letter giving clients a final opportunity for follow through on their application, even though they failed to appear for an initial food stamp interview.

Proposal Changes the Following Existing Rules: WAC 388-406-0060 Include section on what happens when client does not keep first appointment for food assistance applications. Change language of rule with the intention to be clearer for clients.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. The rule does not meet 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 June 6, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Fred Swenson by May 26, 2000, phone (360) 664-6097, TTY 664-6178, swensfh@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by June 6, 2000.

Date of Intended Adoption: No sooner than June 7, 2000.

April 26, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2713.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-406-0060
((Denial of)) What happens when my application((s.)) is denied?

(1) ((An application will be denied only when the department has not been able to establish the applicant's eligibility.

(2) An application cannot be denied solely because the applicant failed to provide requested information within a reasonably allowed period.

(3) For medical and cash assistance:

(a) An application cannot be denied based on a delay in obtaining medical information if the delay in obtaining the information is beyond the control of the applicant and the department;

(b) A decision to deny an application will be delayed for good cause as specified in WAC 388-406-0045; and

(c) An application for medical benefits will not be denied based on a failure to meet a spenddown obligation until at least thirty days after the end of the base period.

(4) If an applicant requests a fair hearing to contest the department's decision to deny an application because eligibility cannot be established based on information provided by the applicant, the issue in the hearing is whether the applicant can provide evidence to establish eligibility.

(5) Assistance will be denied to an entire assistance unit only when:

(a) Information required to establish eligibility for the entire assistance unit is not available to the department; or

(b) Circumstances which cause ineligibility affect all assistance unit members.

(6) An applicant will be notified of the department's decision to deny an application following notice requirements in WAC 388-458-0005.

(7) When an applicant for food assistance has not provided requested information within ten days:

(a) The application will be denied immediately if an application for TANF, SFA or SSI is not pending; or

(b) The denial decision may be delayed for up to thirty days from the date of application if an application for TANF, SFA or SSI is pending.

(8) A food assistance application which is not denied within the initial thirty-day period will be denied at the end of the second thirty-day period when:

(a) An eligibility decision could not be made based on information available to the department; and

(b) The applicant fails to provide requested information necessary to determine eligibility)) The department will deny your application when we cannot decide your eligibility based on the information we have.

(2) If we ask you to provide information and you do not provide it by the due date, we will not deny your application unless this information is needed to decide your eligibility.

(3) We will deny your application for everyone in the assistance unit when:

(a) You do not provide information that is required to decide eligibility for everyone in your assistance unit; or

(b) Your situation causes everyone in your assistance unit to be not eligible.

(4) We will tell you about our decision to deny your application by following notice requirements in WAC 388-458-0005.

(5) If we deny your application, you may request a fair hearing. If we deny your application because we do not have enough information to decide that you are eligible, the hearing issue is whether you can provide the needed information.

(6) For medical and cash assistance applications:

(a) If getting medical information is slowed down beyond your and our control, we will not deny your application;

(b) If you have good cause under WAC 388-406-0045, we will wait to deny your application; and

(c) If you do not meet a medical spenddown obligation, we will not deny your medical application before thirty days after the end of the base period as defined in WAC 388-519-0110.

(7) For food assistance applications:

(a) If you do not keep your first scheduled appointment:

(i) We will send you a letter telling you to get in touch with us to schedule another appointment; and

(ii) We will deny your application on the thirtieth day after you applied if you do not schedule a new appointment.

(b) If you do not provide the requested information within ten days:

(i) We will deny your application right after the ten days if you do not have a pending application for TANF, SFA, or SSI; or

(ii) We may wait to deny your application up to thirty days from the date you applied if you have a pending application for TANF, SFA or SSI.

(c) If we do not deny your application within the first thirty-days from the date you applied, we will deny your application at the end of the second thirty-day period when:

(i) We could not make an eligibility decision based on the information provided to us; and

(ii) You did not provide the requested information that was necessary to decide eligibility.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-406-0060, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0485.]

Washington State Code Reviser's Office