WSR 00-19-073

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(WorkFirst Division)

[ Filed September 19, 2000, 3:21 p.m. ]

Supplemental Notice to WSR 00-16-087.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-466-0015 Refugee employment and training services.

Repealing WAC 388-466-0150, 388-466-0020, 388-466-0025, 388-15-360, 388-55-024, 388-55-027, and 388-55-050.

Purpose: We have discovered that we need to change the name of the section and section number and repeal the outdated WAC in order to accommodate information about exemptions and to keep integrity of the body of the Refugee Program chapter.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: RCW 74.08.090.

Summary: ORIA believes that the new rule will be more efficient and easier to understand and will result in better customer service.

Reasons Supporting Proposal: Efficiency, customer service.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Olga Walker, ORIA Program Manager, P.O. Box 45420, Olympia, WA 98504-5420, (360) 413-3285.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 45 C.F.R. 400.81, 400.77, 400.82, 400.145.

Explanation of Rule, its Purpose, and Anticipated Effects: ORIA believes that the new rule will be more efficient and easier to understand and will result in better customer service.

Proposal Changes the Following Existing Rules: Repeals existing WAC 388-466-0015, 388-466-0020, 388-466-0025, 388-15-360, 388-55-024, 388-55-027 and 388-55-050. Adds new section to chapter 288-466 WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not meet the requirements for a small business economic impact statement.

RCW 34.05.328 does not apply to this rule adoption. This is not a significant legislative rule under RCW 34.05.328.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 24, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 24, 2000.

Date of Intended Adoption: Not earlier than October 25, 2000.

September 15, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2857.3
NEW SECTION
WAC 388-466-0150
Refugee employment and training services.

(1) What are refugee employment and training services?

Refugee employment and training services provided to eligible refugees may include information and referral, employment oriented case management, job development, job placement, job retention, wage progression, skills training, on-the-job training, counseling and orientation, English as a second language, and vocational English training.

(2) Am I required to participate in refugee employment and training services?

If you are receiving refugee cash assistance (RCA) you are required to participate in refugee employment and training services, unless you are exempt.

(3) How do I know if I am exempt from mandatory employment and training requirements?

(a) You may be exempt from participation in employment and training requirements if:

(i) You are needed in the home to personally provide care for your child under three months of age (see WAC 388-310-0300);

(ii) You are sixty years of age or older.

(b) You can not be exempt from work and training requirements solely because of an inability to communicate in English.

(4) If I am required to participate, what do I have to do?

You are required to:

(a) Register with your employment service provider;

(b) Accept and participate in all employment opportunities, training or referrals, determined appropriate by the department.

(5) What happens if I do not follow these requirements?

If you refuse without good reason to cooperate with the requirements, you are subject to the following penalties:

(a) If you are applying for refugee cash and medical assistance, you will be ineligible for thirty days from the date of your refusal to accept work or training opportunity; or

(b) If you are already receiving refugee cash and medical assistance, your cash benefits will be subject to financial penalties.

(c) The department will notify your voluntary agency (VOLAG) if financial penalties take place.

(6) What are the penalties to my grant?

The penalties to your grant are:

(a) If the assistance unit includes other individuals as well as yourself, the cash grant is reduced by the sanctioned refugee's amount for three months after the first occurrence. For the second occurrence the financial penalty continues for the remainder of the sanctioned refugee's eight-month eligibility period.

(b) If you are the only person in the assistance unit your cash grant is terminated for three months after the first occurrence. For the second occurrence, your grant is terminated for the remainder of your eight-month eligibility period.

(7) How can I avoid the penalties?

You can avoid the penalties, if you accept employment or training before the last day of the month in which your cash grant is closed.

(8) What is considered a good reason for not being able to follow the requirements?

You have a good reason for not following the requirements if it was not possible for you to stay on the job or to follow through on a required activity due to an event outside of your control. See WAC 388-310-1600(3) for examples.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-15-360 Refugee assistance.
WAC 388-55-024 Noncompliance with work and training requirements.
WAC 388-55-027 Good cause determination.
WAC 388-55-050 Refugee social service eligibility.
WAC 388-466-0015 Work and training requirements for refugee cash assistance.
WAC 388-466-0020 Exemptions to work and training requirements.
WAC 388-466-0025 Penalties for not complying with work and training requirements.

Washington State Code Reviser's Office