WSR 14-05-101

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 19, 2014, 9:53 a.m.]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-414-0001 Do I have to meet all eligibility requirements for Basic Food?, and other related rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, 74.08A.120, 7 C.F.R. 273.2.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department proposes to amend WAC 388-414-0001 to fully incorporate requirements under Title 7 of the Code of Federal Regulations (C.F.R.) §273.2(j) related to categorical eligibility for the federal supplemental nutrition assistance program (SNAP).

This department is proposing to amend the rule to clarify when households are considered categorically eligible (CE) based on the receipt of cash assistance benefits.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service (FNS) enforces the provisions of the federal SNAP as enacted in the 2008 Food and Nutrition Act and codified in the C.F.R. The department will propose amendments to CE rules that are consistent with the act, federal regulations, FNS administrative notices and interim guidance.

The state legislature authorizes the department to administer the food stamp program (SNAP) and food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.08A.120.

DSHS incorporates regulations from the federal agencies, exercises state options, and implements approved waivers of federal regulatory requirements by adopting administrative rules for food assistance programs administered under the Washington Basic Food program.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jason Turner, Program Manager, Economic Services Administration, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4640, fax (360) 725-4905, e-mail turnejm@dshs.wa.gov.

February 19, 2014

Katherine I. Vasquez

Rules Coordinator