Effective Date of Rule: Thirty-one days after filing.

     Purpose: The community services division is amending WAC 388-458-0011 DSHS sends you a letter when you can't get benefits, to align the language of this WAC section and several sections in chapter 388-406 WAC, Applications, concerning reconsideration of denied Basic Food applications. This change also brings the rules in line with current and accepted procedures.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-458-0011.

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

     Other Authority: 7 C.F.R. § 273.2.

      Adopted under notice filed as WSR 12-15-068 on July 18, 2012.

     Changes Other than Editing from Proposed to Adopted Version: The department amended WAC 388-458-0011 (3)(d)(i) to remove change of circumstances to be consistent with processing applications rules. The changes were made because of comments received during the public comment period.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: September 11, 2012.

Katherine I. Vasquez

Rules Coordinator

     (2) On this letter, we tell you:

     (a) Why you cannot get benefits;

     (b) The rules that support our decision;

     (c) The date we ((stopped)) finished processing your application; and

     (d) Your right to have your case reviewed or ask for ((a fair)) an administrative hearing.

     (3) If we are denying your application because you did not give us ((some)) information that we needed and we can't figure out if you are eligible without it, we also tell you on the letter:

     (a) What information you didn't give to us;

     (b) The date we asked for the information and the date it was due;

     (c) That we cannot figure out if you can get benefits without this information; and

     (d) That we will review your eligibility if:

     (i) For cash and medical, you give us the information within thirty days of the date of the notice; or

     (ii) For food assistance, you give us the information within sixty days of the date you applied((; and

     (iii) Your circumstances have not changed)).

     (4) We send denial letters to you according to the rules in chapter 388-406 WAC.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-16-087, § 388-458-0011, filed 7/25/01, effective 9/1/01.]