WSR 10-19-135



(Economic Services Administration)

[ Filed September 22, 2010, 8:49 a.m. ]

Subject of Possible Rule Making: The department may amend or repeal rules in TITLE 388 WAC related to eligibility and benefit level for the state-funded food assistance program for legal immigrants (FAP). This may include amending or repealing any of the following rules as well as other related rules: WAC 388-400-0040 Am I eligible for benefits through the Washington Basic Food program?, 388-400-0015 [388-400-0045] If I am not eligible for federally funded benefits through Washington Basic Food program because of my alien status, can I receive state-funded Basic Food?, 388-424-0020 How does my alien status impact my eligibility for the federally funded Washington Basic Food program benefits?, and 388-424-0025 How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food program?

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, 74.08A.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to these rules may be needed to reduce general fund expenditures on DSHS programs due to declining state revenue.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DSHS incorporates regulations from federal agencies, exercises state options, and implements approved waivers and demonstration projects by adopting administrative rules for the federal supplemental nutrition assistance program (SNAP) administered as the Washington Basic Food program. For persons who do not meet citizenship or alien status requirements the department may establish a state-funded food assistance program for legal immigrants under RCW 74.08A.120. Department rules related to eligibility for noncitizens who do not meet alien status requirements for SNAP must comply with RCW 74.08A.120.

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, Administrator, Food Assistance Programs, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4616, fax (360) 725-4904, e-mail

September 22, 2010

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office