WSR 09-20-079

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 6, 2009, 12:03 p.m. ]

Subject of Possible Rule Making: The community services division is proposing to amend WAC 388-406-0055 When do my benefits start? and any other related WACs.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.090, and 74.08A.010.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current rule states that if the department is unable to process an application for Basic Food within thirty days due to a delay on the part of the client, we approve benefits starting the first day of the month following the month of application, provided the household submits the required verification by the end of the second thirty-day period. In order to comply with the conditions of USDA FNS waiver 2010182, the department proposes to amend WAC 388-406-0055, and any other related WACs, to state that if the household does not provide missing verification until the second thirty days after filing an application, the department will approve benefits starting on the date the household furnishes the missing verification.

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) publishes federal regulations for the supplemental nutrition assistance program 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 74.08A.120.

DSHS incorporates regulations from the federal agencies, exercises state options, and implements approved waivers of federal regulatory requirements by adopting administrative rules for food assistance programs administered under the

Washington state combined application program (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 Don Winslow, Program Manager, Economic Services Administration, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4580, fax (360) 725-4905, e-mail donald.winslow@dshs.wa.gov.

October 6, 2009

Stephanie E. Vaughn

Rules Coordinator

Washington State Code Reviser's Office