PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Subject of Possible Rule Making: The Department of Social and Health Services (DSHS) Division of Employment and Assistance Programs will amend the following rules to restore eligibility for the federal food stamp program to certain legal immigrants as directed under the Farm Security and Rural Investment Act of 2002:
| • | WAC 388-424-0020 Alien status and requirements for the federal food stamp program. |
| • | WAC 388-450-0156 When am I exempt from deeming? |
| • | WAC 388-450-0160 How does the department decide how much of my sponsor's income to count against my benefits? |
| • | Any related sections necessary to restore federal benefits to legal immigrants as allowed under the act. |
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.500, 74.04.510, 74.08.090, H.R. 2646 The Farm Security and Rural Investment Act of 2002.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department must adopt rules to be consistent with federal regulations for food stamps.
With the passage of H.R. 2646, Congress reauthorized the food stamp program and restored federal benefits to certain legal immigrants who lost eligibility for food stamps under welfare reform.
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) publishes federal regulations for the food stamp program in the Federal Register. Rules published in the Federal Register are incorporated into the U.S. Code of Federal Regulations. FNS also issues administrative notices to inform states of new program requirements that are not yet in the U.S. Code of Federal Regulations. DSHS incorporates these regulations and exercises state options by adopting administrative rules for food assistance benefits in Washington state.
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 proposed rules with the Office of the Code Reviser with a notice of proposed rule making. A copy of the proposed rules 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 John Camp, Program Manager, Division of Employment and Assistance Programs, Lacey Government Center, P.O. Box 45470, Olympia, WA 98504-4570, phone (360) 413-3232, fax (360) 413-3493, e-mail CAMPJX@DSHS.WA.GOV.
September 27, 2002
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit