WSR 11-14-082




[ Filed July 1, 2011, 8:41 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-08-067.

Title of Rule and Other Identifying Information: The department is proposing to amend rules and adopt a new section regarding the allowable use of benefits for cash and food assistance programs for WAC 388-412-0005 General information about your cash benefits, 388-412-0015 General information about your Basic Food allotments, 388-412-0040 Can I get my benefits replaced, 388-446-0001 Cash and medical assistance fraud, 388-446-0015 Intentional program violation (IPV) and disqualification hearings for Basic Food, 388-446-0020 Food assistance disqualification penalties and 388-472-0005 What are my rights and responsibilities; and new section WAC 388-412-0046 What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits?

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 August 23, 2011, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 24, 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 August 23, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 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: Amendments proposed under this filing are needed to incorporate federal regulations regarding the allowable use of supplemental nutrition assistance program (SNAP) benefits. Amendments provide definitions of trafficking, appropriate and legal use of food assistance benefits, and adopt federal regulations related to fraud, use of food assistance benefits, and penalties for trafficking of food assistance benefits. The amendments also incorporate department standards for use of DSHS cash assistance benefits consistent with restrictions regarding the use of EBT food and cash assistance by amending RCW 74.08.580. These changes are necessary to carry out the purposes of DSHS cash and food assistance programs.

Reasons Supporting Proposal: DSHS incorporates regulations from federal agencies, exercises state options, and implements approved waivers and demonstration projects by adopting administrative rules for the federal SNAP administered as the Washington Basic Food program. DSHS adopts rules for cash assistance conforming to federal regulations under Title 45 C.F.R., Title IV-A of the Social Security Act, Title 74 RCW and the approved TANF state plan.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 74.04.770, 74.12.260, 74.08.580, 9.91.142, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended, and 42 U.S.C. 601a.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 74.04.770, 74.12.260, 74.08.580, 9.91.142, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended, and 42 U.S.C. 601a.

Rule is necessary because of federal law, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended and 42 U.S.C. 601a.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4895.

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.

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."

July 1, 2011

Katherine I. Vasquez

Rules Coordinator

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 11-15 issue of the Register.

Washington State Code Reviser's Office