WSR 02-17-069

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 16, 2002, 4:28 p.m. ]

Subject of Possible Rule Making: WAC 388-410-0030 How does the department calculate and set up my food assistance overpayment?

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The revisions to this rule will include language that notifies clients that their food assistance overpayment calculation disallows the earned income disregard for unreported income. The current WAC does not specify that the earned income disregard is not allowed when calculating food assistance overpayments under these circumstances. See federal regulation 7 C.F.R. 273.18 (c)(1)(ii)(b).

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 Services amends and adopts federal food assistance regulations, and states are required to comply with the federal regulations.

Process for Developing New Rule: Current rules are reviewed according to clear writing guidelines and appropriate audiences. At a later date, the department will file proposed rules with the Office of the Code Reviser along with a notice of proposed rule making. The proposed rules will be sent to ESA's list of interested parties, and to anyone who requests a copy. All comments will be considered. The ESA regulatory improvement team will also review the proposed rules before adoption.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Carole McRae, Division of Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 413-3074, fax (360) 413-3493, e-mail mcraeca@dshs.wa.gov.

August 16, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office