WSR 08-21-082



(Economic Services Administration)

[ Filed October 14, 2008, 1:06 p.m. ]

Subject of Possible Rule Making: The department plans to amend WAC 388-400-0040, 388-450-0015, and 388-450-0162, 388-450-0185 and related rules to reflect department policy related to income and deduction used to determine a household's eligibility and benefit level under the Washington state combined application program (WASHCAP), Basic Food, and other assistance programs.

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, 74.04.515, 74.08.090, 74.08A.120, and 74.08A.903.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department intends to amend rules related to countable income, excluded income, and allowable income deductions for the purpose of determining eligibility and benefit level for WASHCAP, Basic Food and other assistance programs.

The amendments will be consistent with the requirements of the Food and Nutrition Act of 2008, regulations under Title 7 of the Code of Federal Regulations, and administrative notices published by the United States Department of Agriculture, Food and Nutrition Service related to the supplemental nutrition assistance program (SNAP) or food stamp program.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Congress authorized the supplemental nutrition assistance program (SNAP) under the Food and Nutrition Act of 2008. Prior to October 1, 2008, SNAP was known as the food stamp program.

The United States Department of Agriculture, Food and Nutrition Service publishes federal regulations for the SNAP in the federal register. Rules published in the federal register are incorporated into the United States Code of Federal Regulations. FNS also issues administrative notices and interim guidance to inform states of new program requirements that are not yet in the United States Code of Federal Regulations.

The state legislature authorizes the department to administer the food stamp program and food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.04.510 [74.04.515].

DSHS incorporates regulations from the federal agencies and exercises state options by adopting administrative rules for food assistance programs administered under the WASHCAP and Washington Basic Food program.

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 John Camp, Lead Policy Analyst, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4616, fax (360) 725-4905, e-mail

October 14, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office