WSR 05-08-091



(Economic Services Administration)

[ Filed April 1, 2005, 3:43 p.m. ]

Subject of Possible Rule Making: The Division of Employment and Assistance Programs will amend several rules in Title 388 WAC related to eligibility policy for the Washington Basic Food program, WASHCAP, and the department's cash programs including temporary assistance for needy families (TANF), state family assistance (SFA), diversion cash assistance (DCA), refugee cash assistance (RCA), and general assistance (GA).

Amendments proposed and adopted under this preproposal will be to clarify the department's policy on how we determine eligibility for these programs and to update references to other department rules. The department may make amendments to rules in the following chapters of Title 388 WAC as well as any related rules: Chapter 388-400 WAC, Program summary; chapter 388-406 WAC, Applications; chapter 388-408 WAC, Assistance units; chapter 388-410 WAC, Benefit error; chapter 388-412 WAC, Benefit issuance; chapter 388-414 WAC, Categorical eligibility for food assistance; chapter 388-418 WAC, Change of circumstances; chapter 388-422 WAC, Child support; chapter 388-424 WAC, Citizenship/alien status; chapter 388-432 WAC, Diversion assistance; chapter 388-434 WAC, Eligibility reviews and recertifications; chapter 388-436 WAC, Emergency cash assistance; chapter 388-446 WAC, Fraud; chapter 388-448 WAC, Incapacity; chapter 388-450 WAC, Income; chapter 388-454 WAC, Living with a relative; chapter 388-455 WAC, Lump sum income; chapter 388-458 WAC, Notices to clients; chapter 388-464 WAC, Quality assurance; chapter 388-468 WAC, Residency; chapter 388-470 WAC, Resources; chapter 388-478 WAC, Standards for payments; chapter 388-482 WAC, Student status; and chapter 388-492 WAC, Washington combined application project.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, and 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The revisions are necessary to clarify eligibility policy for the Washington Basic Food program, WASHCAP, TANF, SFA, DCA, RCA, and GA programs. Changes proposed under this preproposal will also update references to other department rules.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United State Department of Agriculture, Food and Nutrition Service (FNS) adopts federal regulations for the food stamp program under Title 7 of the U.S. Code of Federal Regulations, Parts 271-274. Additionally, FNS provides federal policy requirements through administrative notices and letters to state agency directors. The department implements these federal program requirements and exercises state options for the Washington Basic Food program by adopting rules under Washington Administrative Code.

The United States Department of Health and Human Services, Office of Family Assistance and Office of Refugee Assistance adopt federal regulations for the TANF program and Refugee Programs under Title 45 of the U.S. Code of Federal Regulations, Volume 2. The department develops a state plan for these programs consistent with Title 74 RCW and adopts rules under Washington Administrative Code.

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 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 John Camp, Policy Analyst, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4616, fax (360) 413-3493, e-mail

March 31, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office