WSR 00-24-038

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 29, 2000, 3:21 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-444-0075 What are the disqualification periods for quitting a job without good cause?

Purpose: This amendment will allow clients in exempt areas to serve the disqualification period, and if they do not find employment, be allowed to reapply for food assistance after they have served the disqualification period.

Statutory Authority for Adoption: RCW 74.04.050 and 74.04.510.

Statute Being Implemented: RCW 74.04510 [74.04.510].

Summary: This WAC not only provides guidance as to the time period for the disqualifications and compliance, but it also provides guidance as to how a client may reestablish eligibility after the disqualification period has been served.

Reasons Supporting Proposal: Guidance for reestablishing eligibility is provided for all clients in nonexempt areas, but the WAC did not provide guidance as to how a client in an exempt area could regain eligibility. This amendment provides that guidance.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: June Hershey, P.O. Box 45480, Olympia, 98504-5480, (360) 413-3258.

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: WAC 388-444-0075 What are the disqualification periods for quitting a job without good cause? The amendment says that clients in exempt areas can regain eligibility once they have served the penalty period. This will have a positive effect on the client because before the change the only way clients in exempt areas could regain eligibility after serving the period was to get a job.

Proposal Changes the Following Existing Rules: Clients in exempt areas can regain eligibility after serving the penalty period.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not affect business.

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: Blake Office Building East, 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 9, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by January 2, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@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 January 9, 2001.

Date of Intended Adoption: No sooner than January 10, 2001.

November 28, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2875.1
AMENDATORY SECTION(Amending WSR 00-04-006, filed 1/20/00, effective 3/1/00)

WAC 388-444-0075   What are the disqualification periods for quitting a job without good cause?   (1) If you are an applicant who quits a job without good cause sixty days before applying for food assistance, the department will deny your application.      The penalty period in subsection (3) of this section begins from the date of application.

     (2) If you are already receiving food assistance and you quit your job without good cause, the department must send you a letter notifying you that you are going to be disqualified from food assistance.      The disqualification in subsection (3) of this section begins the first of the month following the notice of adverse action.

     (3) You are disqualified for the following minimum periods of time and until the conditions in subsection (4) of this section are met:

     (a) For the first quit, one month;

     (b) For the second quit, three months; and

     (c) For the third or subsequent quit, six months.

     (4) You may re-establish eligibility after the disqualification, if otherwise eligible by:

     (a) Getting a new job;

     (b) In nonexempt areas, participating in the FS E&T program;

     (c) Participating in Workfare as provided in WAC 388-444-0040;

     (d) In an exempt area, serving the penalty period.

     (5) The department can end the disqualification period if you become exempt from the work registration requirements as provided in WAC 388-444-0015 unless you are applying for or receiving unemployment compensation (UC), or participating in an employment and training program under TANF.

     (6) If you are disqualified and move from the assistance unit and join another assistance unit, you continue to be treated as an ineligible member of the new assistance unit for the remainder of the disqualification period.

     (7) If you are disqualified and move to a FS E&T exempt area, you must serve the remainder of the disqualification period.

[Statutory Authority: RCW 74.04.050 and 74.04.510.      00-04-006, § 388-444-0075, filed 1/20/00, effective 3/1/00.      Statutory Authority: RCW 74.04.510.      99-07-024, § 388-444-0075, filed 3/10/99, effective 4/10/99.      Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.      98-16-044, § 388-444-0075, filed 7/31/98, effective 9/1/98.]

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