WSR 07-06-069

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 6, 2007, 9:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-24-115.

Title of Rule and Other Identifying Information: WAC 388-473-0040 Food for service animals as an ongoing additional requirement.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on April 10, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 11, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on April 10, 2007.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by April 6, 2007, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-473-0040 in order to change the definition of service animal within ongoing additional requirements to match the definition of service animal provided within the Washington law against discrimination.

Reasons Supporting Proposal: To make the definition of service animal within ongoing additional requirements consistent with the definition in the Washington law against discrimination.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 49.60.040.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 49.60.040.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Logan MacGregor, 1009 College S.E., Lacey, WA 98504, (360) 725-4605.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to...rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

March 1, 2007

Jim Schnellman, Chief

Office of Administrative Resources

3832.2
AMENDATORY SECTION(Amending WSR 00-15-053, filed 7/17/00, effective 9/1/00)

WAC 388-473-0040   Food for service animals as an ongoing additional requirement.   (1) A "service animal" is ((one that has been trained at a recognized school or training facility to provide you with assistance that is necessary for your health and safety, and that supports your ability to continue to live independently)) an animal that is trained for the purpose of assisting or accommodating a person with a disability's sensory, mental, or physical disability.

(2) We authorize benefits for food for a service animal if we decide the animal ((assists you in your daily living as described in WAC 388-473-0040(1))) is necessary for your health and safety and supports your ability to continue to live independently.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 00-15-053, 388-473-0040, filed 7/17/00, effective 9/1/00.]

Washington State Code Reviser's Office