WSR 02-02-053

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 27, 2001, 4:11 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-21-057.

Title of Rule: WAC 388-273-0020 Washington telephone assistance program.

Purpose: To clarify and align language to Washington Utilities and Transportation Commission rules on the same subject.

Statutory Authority for Adoption: RCW 74.08.090, 80.36.440.

Statute Being Implemented: RCW 80.36.410 through [80.36.]470.

Summary: This amendment eliminates the term "eligible telecommunications carrier"; and redefines "local exchange company."

Reasons Supporting Proposal: This change is necessary to make the language consistent with the Washington Utilities and Transportation Commission (WUTC) rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Grace Moy, ESA/CSD/WTAP, P.O. Box 45413, Olympia, WA 98504-5413, (360) 413-3107.

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: The amendment eliminates the term "eligible telecommunications carrier"; and redefines "local exchange company." The change is necessary to make the language consistent with the Washington Utilities and Transportation Commission (WUTC) rules. The resulting rule clarifies terms, is easier to understand and aligns the language with the WUTC rules.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the rule is being adopted solely to clarify existing rule language.

RCW 34.05.328 does not apply to this rule adoption. No, the rule does not meet the definition of a significant legislative rule, per RCW 34.05.328 (5)(b)(iii).

Hearing Location: Blake Office Park - East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 5, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 1, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@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 5:00 p.m., February 5, 2002.

Date of Intended Adoption: Not earlier than February 6, 2002.

December 21, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3027.2
AMENDATORY SECTION(Amending WSR 01-09-023, filed 4/9/01, effective 6/1/01)

WAC 388-273-0020   Who ((may receive)) is eligible and how to apply for Washington telephone assistance program (WTAP).   To receive WTAP benefits, you must:

(1) Be age eighteen or older or, if under eighteen, be the responsible head of household;

(2) Be receiving one of the following programs from us:

(a) Temporary assistance for needy families (TANF);

(b) State family assistance (SFA);

(c) General assistance;

(d) Refugee assistance;

(e) Food assistance;

(f) State Supplemental Security Income (SSI);

(g) Medical assistance, including Medicare cost sharing programs;

(h) Community options program entry system (COPES); or

(i) Chore services.

(((2) Be age eighteen or older or, if under eighteen, be the responsible head of household;))

(3) Apply to ((the)) a local exchange company ((that provides your local)) and request the lowest available flat rate telephone service at the WTAP rate. In exchange areas where wireline service is not available without service extension, you may apply to ((an eligible)) a wireless carrier;

(a) "Local exchange company" means ((an eligible telecommunication carrier providing local service, i.e., the)) a telephone company that is required by the Washington utilities and transportation commission to offer WTAP benefits and offers local calling, i.e., calling without long distance charges.

(b) "Flat rate service" is telephone service with a single monthly payment that allows unlimited local calling for a specified length of time. The local exchange flat rate includes any federal end user access charges and other charges necessary to obtain the service.

(4) ((Have the lowest available flat rate service; and

(5))) Have the local telephone service billed in your name.

[Statutory Authority: RCW 74.08.090, 80.36.440. 01-09-023, 388-273-0020, filed 4/9/01, effective 6/1/01.]

Washington State Code Reviser's Office