PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: Thirty-one days after filing.
Purpose: On June 11, 2010, the USDA Food and Nutrition Service published the final regulation, "Supplemental Nutrition Assistance Program (SNAP): Quality Control (QC) Provisions of Title IV of Public Law 107-171.["] The changes must be implemented no later than October 1, 2011. The department is amending its rules to comply with federal requirements and be consistent with federal rules for disqualification periods concerning noncooperation with quality assurance (QA) reviews. Disqualification periods will increase from ninety-five days to one hundred twenty-five days after the end of the annual QA review period. In addition, the penalty for refusal to cooperate will follow the person or persons who refused to cooperate should they leave the Basic Food AU that was originally under quality control review.
Citation of Existing Rules Affected by this Order: Amending WAC 388-464-0001.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Other Authority: 7 C.F.R. § 273.2 (d)(2).
Adopted under notice filed as WSR 11-09-054 on April 18, 2011.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 28, 2011.
Katherine I. Vasquez
Rules Coordinator
4292.2(a) All adult recipients or payees in a TANF or SFA assistance unit (AU); or
(b) All household members in a ((food assistance unit))
Basic Food, TFA or WASHCAP AU.
(2) ((Assistance units become ineligible for benefits
upon a determination of noncooperation by quality assurance
and remain ineligible until the client meets quality
assurance)) If someone who must cooperate under subsection (1)
refuses to cooperate, your AU is ineligible for benefits from
the date QA has determined that you are refusing to cooperate
until the person meets QA requirements or:
(a) For TANF/SFA clients, one hundred twenty days from
the end of the annual ((quality assurance)) QA review period;
or
(b) For ((food assistance household)) Basic Food, TFA, or
WASHCAP members, ((ninety-five)) the penalty period is one
hundred twenty-five days from the end of the annual ((quality
assurance)) QA review period.
(3) If a person leaves a Basic Food AU that is currently disqualified for refusing to cooperate in the QA review process, the penalty for refusal to cooperate follows that person and continues for the AU that includes the person(s) who refused to cooperate. If we cannot determine which person refused to cooperate, the penalty continues for the AU that includes the head of household at the time QA found your AU refused to cooperate.
(4) The ((quality assurance)) QA review period covers the
federal fiscal year which runs from October 1st of one
calendar year through September 30th of the following calendar
year.
(((4) Individuals reapplying)) (5) People applying for
TANF, SFA, or ((federal food stamps)) Basic Food after the
((sanction)) penalty period in subsection (2) has ended must
provide verification of all eligibility requirements. However, ((individuals meeting)) if your AU is eligible for
expedited service ((criteria)) under WAC 388-406-0015, you
only need to provide expedited service required verifications
((requirements)).
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-464-0001, filed 7/31/98, effective 9/1/98.]