WSR 11-09-054



(Economic Services Administration)

[ Filed April 18, 2011, 2:09 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-24-116.

     Title of Rule and Other Identifying Information: The community services division (CSD) is proposing to amend WAC 388-464-0001 Requirement to cooperate with quality assurance.

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at or by calling (360) 664-6094), on May 24, 2011, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than May 25, 2011.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on May 24, 2011.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 10, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend its rules to comply with federal requirements and be consistent with federal rules for disqualification periods concerning noncooperation with quality assurance (QA) reviews. Disqualification periods will increase from ninety-five days to one hundred twenty-five days after the end of the annual QA review period.

     Reasons Supporting Proposal: On June 11, 2010, the USDA Food and Nutrition Service published the final regulation, "Supplemental Nutrition Assistance Program (SNAP): Quality Control (QC) Provisions of Title IV of Public Law 107-171.["] The changes must be implemented no later than October 1, 2011.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.

     Statute Being Implemented: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.

     Rule is necessary because of federal law, 7 C.F.R. § 273.2 (d)(2).

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4634.

     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. The proposed amendments only affect certain DSHS clients by increasing the disqualification period for refusing to cooperate with federally required QA reviews in the SNAP administered as Basic Food in Washington.

     A cost-benefit analysis is not required under RCW 34.05.328. 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."

April 13, 2011

Katherine I. Vasquez

Rules Coordinator

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

WAC 388-464-0001   ((Requirement)) Am I required to cooperate with quality assurance((.))?   (1) To be eligible for temporary assistance for needy families (TANF), state family assistance (SFA), or ((federal food stamp benefits)) food assistance through Basic Food, transitional food assistance (TFA), or the Washington combined application project (WASHCAP), the following ((clients are required to)) persons must cooperate in the quality assurance (QA) review process:

     (a) All adult recipients or payees in a TANF or SFA assistance unit (AU); or

     (b) All household members in a ((food assistance unit)) Basic Food, TFA or WASHCAP AU.

     (2) ((Assistance units become ineligible for benefits upon a determination of noncooperation by quality assurance and remain ineligible until the client meets quality assurance)) If someone who must cooperate under subsection (1) refuses to cooperate, your AU is ineligible for benefits from the date QA has determined that you are refusing to cooperate until the person meets QA requirements or:

     (a) For TANF/SFA clients, one hundred twenty days from the end of the annual ((quality assurance)) QA review period; or

     (b) For ((food assistance household)) Basic Food, TFA, or WASHCAP members, ((ninety-five)) the penalty period is one hundred twenty-five days from the end of the annual ((quality assurance)) QA review period.

     (3) If a person leaves a Basic Food AU that is currently disqualified for refusing to cooperate in the QA review process, the penalty for refusal to cooperate follows that person and continues for the AU that includes the person(s) who refused to cooperate. If we cannot determine which person refused to cooperate, the penalty continues for the AU that includes the head of household at the time QA found your AU refused to cooperate.

     (4) The ((quality assurance)) QA review period covers the federal fiscal year which runs from October 1st of one calendar year through September 30th of the following calendar year.

     (((4) Individuals reapplying)) (5) People applying for TANF, SFA, or ((federal food stamps)) Basic Food after the ((sanction)) penalty period in subsection (2) has ended must provide verification of all eligibility requirements. However, ((individuals meeting)) if your AU is eligible for expedited service ((criteria)) under WAC 388-406-0015, you only need to provide expedited service required verifications ((requirements)).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-464-0001, filed 7/31/98, effective 9/1/98.]

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