WSR 04-12-096



(Economic Services Administration)

[ Filed June 2, 2004, 11:08 a.m. ]

Subject of Possible Rule Making: The Division of Employment and Assistance Programs will amend WAC 388-400-0005 Who is eligible for temporary assistance for needy families (TANF)?

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: Current WAC does not make clear that every TANF assistance unit must contain either an "eligible child" or a pregnant woman, although such a rule informally governs current practice. As a result, the department is losing fair hearings in which this practice is challenged. In addition, there is need for clarification regarding eligibility for state versus tribal TANF.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

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 [the] proposed [rule] 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 Tom Berry, Division of Employment and Assistance Programs, Lacey Government Center, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 413-3102, fax (360) 413-3493, e-mail

May 27, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 


Washington State Code Reviser's Office