WSR 02-14-023



(Economic Services Administration)

(Division of Employment and Assistance Programs)

[ Filed June 21, 2002, 4:00 p.m. , effective July 1, 2002 ]

Date of Adoption: June 19, 2002.

Purpose: Amending rules in chapter 388-406 WAC and WAC 388-452-0005 and 388-472-0005 to clarify and streamline policy.

Citation of Existing Rules Affected by this Order: Amending WAC 388-406-0040, 388-406-0045, 388-406-0050, 388-406-0055, 388-406-0060, 388-406-0065, 388-452-0005, and 388-472-0005.

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

Adopted under notice filed as WSR 02-09-065 on April 15, 2002.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made as a result of comments received:

1. WAC 388-406-0040(2), deleted the words "we discover that" after the word "If."

2. WAC 388-406-0045 (2)(c)(ii), deleted "Proof of your resources" and replaced with "For cash assistance, extensive property appraisals."

3. WAC 388-406-0060, added the word "or" at the end of subsections (a), (b) and (c).

4. WAC 388-406-0060(2), added new subsections:

"(a) You mistakenly apply for benefits you already get; or

(b) We reconsidered your eligibility under WAC 388-406-0065 and you are eligible to get benefits."

5. WAC 388-406-0065, changed the former subjection (2) to (3) added the following new subsection (2):

"(2) For medical assistance, if the thirty days to reconsider your application under subsection (1) of this section has ended you can still get benefits without a new application, if:

(a) You timely request a fair hearing; and

(b) You give us the information needed to determine eligibility and you are eligible."

6. WAC 388-406-0065, added to the following at the end of subsection (3) (formerly (2)): "For all programs the eligibility date is based on the date of your original application that was denied."

7. WAC 388-472-0005, added a new subsection: "(3) If you are eligible for necessary supplemental accommodation (NSA) services under chapter 388-472 WAC, we help you comply with the requirements of this section." This subsection was inadvertently left off of the rules as published in WSR 02-09-065, and was noted by commenters.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 8, 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 8, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: These rules must take effect simultaneously with the July 1, 2002, effective date of rules adopted as WSR 02-11-137. The earlier effective date is necessary because of imminent peril to the public welfare. A later date could cause some clients to lose needed benefits.
Effective Date of Rule: July 1, 2002.

June 19, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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 02-15 issue of the Register.

Washington State Code Reviser's Office