WSR 10-09-047



(Economic Services Administration)

[ Filed April 15, 2010, 10:41 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-05-080.

Title of Rule and Other Identifying Information: The community services division is proposing to amend WAC 388-444-0030 Work requirements for persons who are able-bodies[d] adults without dependents (ABAWDs), to extend the time limit dates for ABAWDs to September 2011 (the current ABAWD time limit will end September 30, 2010).

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 or by calling (360) 664-6094), on May 25, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 26, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m., May 25, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 11, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Extends the time limit of benefits for ABAWDs until September 30, 2011.

Reasons Supporting Proposal: The proposed amendments will implement requirements under C.F.R. 273.24 (F)(2) and FNS Administrative Notice 10-16.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, 74.08A.120.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, 74.08A.120.

Rule is necessary because of federal law, American Recovery Investment Act 2009.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4895.

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.

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."

April 13, 2010

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 09-14-018, filed 6/22/09, effective 7/23/09)

WAC 388-444-0030   Work requirements for persons who are able-bodied adults without dependents (ABAWDs).   (1) Able-bodied adults without dependents (ABAWDs) are age eighteen to fifty and have no dependents. They must, unless determined exempt, participate in specific employment and training activities to receive food assistance.

(2) Nonexempt ABAWDs who fail to participate may continue to receive food assistance until September 30, ((2010)) 2011.

(3) Beginning October 1, ((2010)) 2011, an ABAWD is not eligible to receive food assistance for more than three full months in a thirty-six month period, except as provided in WAC 388-444-0035, unless that person:

(a) Works at least twenty hours a week averaged monthly; or

(b) Participates in and complies with the requirements of a work program for twenty hours or more per week; or

(c) Participates in a workfare program as provided in WAC 388-444-0040.

(4) A work program is defined as a program under:

(a) The Job Training Partnership Act (JTPA);

(b) Section 236 of the Trade Act of 1974; or

(c) A state-approved employment and training program.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, 74.08A.120, and American Recovery and Reinvestment Act of 2009. 09-14-018, 388-444-0030, filed 6/22/09, effective 7/23/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0030, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office