WSR 03-23-112

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 18, 2003, 4:06 p.m. ]

     Original Notice.

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

     Title of Rule: Amending WAC 388-310-1500 WorkFirst -- Employment conditions, 388-310-2000 Individual development accounts (IDA), 388-410-0001 What is a cash/medical assistance overpayment?, 388-436-0040 Excluded income and resources for CEAP, 388-440-0001 Exceptions to rule, 388-444-0055 What are the penalties for refusing or failing to comply?, 388-450-0005 Income -- Ownership and availability, 388-450-0165 Gross earned income limit for TANF/SFA, 388-466-0130 Refugee medical assistance (RMA), 388-478-0005 Cash assistance need and payment standards and grant maximum, and 388-484-0005 There is a five year (sixty-month) time limit for TANF, SFA and GA-S cash assistance.

     Purpose: Correcting typographical errors and obsolete cross-references.

     Other Identifying Information: The amended rules are being proposed without filing of a CR-101 Preproposal statement of inquiry. A CR-101 notice is not required for rules correcting errors or obsolete references to clarify the rule without changing its effect. See RCW 34.05.310(4).

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

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057.

     Summary: Numerous typographical errors and obsolete cross-references have been identified in WAC and must be corrected.

     Reasons Supporting Proposal: Use of correct cross-references in WAC is necessary to accurately determine eligibility and benefit levels. See Proposal Changes the Following Existing Rules below.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patti Clark, 1009 College S.E., Lacey, WA 98504, (360) 413-3084.

     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: Rule: See Title of Rule above.

     Purpose and Effect: See Purpose, Summary, and Reasons Supporting Proposal above.

     Proposal Changes the Following Existing Rules: The proposal includes the following corrections:

•     WAC 388-310-1500 WorkFirst -- Employment conditions, subsection (4)(b)(i) incorrect WAC 388-200-1100 to correct WAC 388-426-0005, and subsection (4)(b)(ii) incorrect chapter 388-08 WAC to correct chapter 388-02 WAC.

•     WAC 388-310-2000 Individual development accounts (IDA), subsection (8) incorrect WAC 388-470-0065 to correct WAC 388-470-0045.

•     WAC 388-410-0001 What is a cash/medical assistance overpayment, subsection (3)(a) incorrect WAC 388-418-0030 to correct WAC 388-418-0020.

•     WAC 388-436-0040 Excluded income and resources for CEAP, subsection (1) incorrect WAC 388-470-0030 to correct WAC 388-470-0045, and subsection (12) incorrect WAC 388-470-0020 to correct WAC 388-470-0045.

•     WAC 388-440-0001 Exceptions to rule, subsection (3) incorrect chapter 388-08 WAC to correct chapter 388-02 WAC.

•     WAC 388-444-0055 What are the penalties for refusing or failing to comply?, subsection (9) incorrect WAC 388-08-413 to correct WAC 388-02-0080.

•     WAC 388-450-0005 Income -- Ownership and availability, subsection (3)(a) incorrect WAC 388-405-0100 to correct WAC 388-450-0100.

•     WAC 388-450-0165 Gross earned income limit for TANF/SFA, subsection (3)(b) incorrect WAC 388-255-1050 through 388-225-1250 to correct chapter 388-473 WAC.

•     WAC 388-466-0130 Refugee medical assistance (RMA), subsection (2)(a)(ii) incorrect WAC 388-466-0010 to correct WAC 388-466-0140.

•     WAC 388-478-0005 Cash assistance need and payment standards and grant maximum, subsection (3)(c) incorrect WAC 388-478-0025 to correct WAC 388-468-0005.

•     WAC 388-484-0005 There is a five year (sixty-month) time limit for TANF, SFA and GA-S cash assistance, subsection (4)(a) incorrect WAC 488-454-0010 to correct WAC 388-454-0010.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses, they only affect 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) which states in-part, "[t]his section does not apply to...(iv) [r]ules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect."

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 6, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 2, 2004, 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, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., January 6, 2004.

     Date of Intended Adoption: Not earlier than January 7, 2004.

November 14, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-24 issue of the Register.

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