WSR 07-10-043

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 26, 2007, 8:35 a.m. , effective May 27, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending WAC 388-473-0040 Food for service animals as an ongoing additional requirement. This rule change is necessary to make the definition of service animals within ongoing additional requirements consistent with the definition in the Washington law against discrimination.

Citation of Existing Rules Affected by this Order: Amending WAC 388-473-0040.

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

Adopted under notice filed as WSR 07-06-069 on March 6, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: April 25, 2007.

Stephanie E. Schiller

Rules Coordinator

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