WSR 02-23-085

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 19, 2002, 4:38 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-20-053.

Title of Rule: WAC 388-460-0005 Authorized representative for food assistance benefits.

Purpose: The Division of Employment and Assistance Programs is proposing this revision to update the language WAC 388-460-0005 and remove references to obsolete methods of issuing food assistance.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Summary: WAC 388-460-0005 informs clients who can choose an authorized representative for the basic food program. An authorized representative can act on the client's behalf in applying for benefits.

Reasons Supporting Proposal: The current version of the rule makes references to benefit delivery methods no longer used by the department. This revision will remove these references.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

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 388-460-0005 informs clients who can choose an authorized representative for the basic food program. An authorized representative can act on the client's behalf in applying for benefits.

Purpose and Effect: The purpose of the rule is to inform clients of their right to have someone act on behalf of the household.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

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. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to... rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 7, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 3, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@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, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., January 7, 2003.

Date of Intended Adoption: No earlier than January 8, 2003.

November 15, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3189.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-460-0005   ((Authorized representative)) Can I choose someone to apply for Basic Food for my assistance ((benefits.)) unit?   ((An authorized representative is an adult who is not a member of the)) Your Basic Food assistance unit ((but has the knowledge and consent of the assistance unit)) (AU) can choose an adult who is not a member of the AU to act on their behalf. This is called an authorized representative.

(1) A responsible member of the ((food assistance unit)) AU can name, in writing, an authorized representative. ((An authorized representative has authority to:

(a) Apply for food assistance on behalf of the food assistance unit;

(b) Redeem the food coupon authorization (FCA) card for the unit; and

(c) Purchase food for the food assistance unit using the unit's authorized benefit allotment.

(2) A responsible member of the food assistance unit can name, in writing, an emergency authorized representative to transact a particular FCA card when no responsible member is able to transact the card. Both the responsible member of the food assistance unit and the person named must sign the written statement.

(3) The food assistance unit members are liable for any over-issuance that may result from information supplied to the department by the authorized representative.

(4) An authorized representative may act on behalf of more than one food assistance unit when approved by the CSO administrator)) A responsible member of the AU is either:

(a) The applicant;

(b) The applicant's spouse;

(c) Another member of the AU the applicant states is able to conduct business on behalf of all members in the AU.

(2) The AU's authorized representative has the authority to apply for Basic Food on the AU's behalf.

(3) If the authorized representative provides information to the department that causes an AU to have an overpayment, the AU members are liable for the overpayment.

(4) An authorized representative may act on behalf of more than one Basic Food AU only if the CSO Administrator approves.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-460-0005, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office