WSR 08-15-130



(Economic Services Administration)

[ Filed July 22, 2008, 9:14 a.m. ]

Subject of Possible Rule Making: The department proposes amending all necessary sections in TITLE 388 WAC to correctly reflect how the various Native American payments are to be treated when the department determines eligibility for DSHS programs.

These changes include amendments to the following WAC section and any other related rules: WAC 388-450-0040 Native American benefits and payments.

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

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The language of the current rule makes references to various public laws that may be unfamiliar to and/or confusing for DSHS field staff and our tribal partners. The proposed language is intended to clarify how the various types of Native American payments are to be treated when determining eligibility for DSHS programs. The department anticipates that the proposed policy revisions will lead to improvements in the accuracy of the eligibility determinations made for our clients who receive Native American payments.

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) enforces the provisions of the federal food stamp program as enacted in the 2002 Farm Bill and codified in the Code of Federal Regulations.

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 a proposal 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 Don Winslow, Policy Analyst/Program Manager, Community Services Division, P.O. Box 45440, Olympia, WA 98504-5440, phone (360) 725-4580, fax (360) 725-4905, e-mail

July 22, 2008

Katherine D. Vasquez, Manager

Rule and Policies Assistance Unit

Washington State Code Reviser's Office