WSR 15-15-052

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 9, 2015, 11:17 a.m.]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-444-0005 Am I required to work or look for work in order to be eligible for Basic Food?, 388-444-0010 Who is exempt from work registration while receiving Basic Food?, 388-444-0035, Who is exempt from ABAWD work requirements?, and other related rules as may be required.

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, and 74.08A.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The community services division is proposing to amend WAC 388-444-0005, 388-444-0010, and 388-444-0035 to align WAC with the Code of Federal Regulations (C.F.R.), specifically to define able-bodied adults without dependents (ABAWD) as a subset of work registrants, have the ability to review work registration at recertification, and add policy regarding work registration and ABAWD exemptions related to inability to work.

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 supplemental nutrition assistance program (SNAP) as enacted in the 2008 Food and Nutrition Act and codified in C.F.R. The department will develop amendments to ABAWD rules that are consistent with the act, federal regulations, FNS administrative notices and interim guidance.

The state legislature authorizes the department to administer 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 Jason.Turner@dshs.wa.gov.

July 8, 2015

Katherine I. Vasquez

Rules Coordinator