WSR 12-05-092

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Community Services Division)

[ Filed February 17, 2012, 1:06 p.m. ]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-446-0020 What penalties will I receive if I break a food assistance rule on purpose? and related rules regarding fraud. These amendments will adopt penalties for Washington food assistance programs consistent with federal penalties for intentional program violations for the supplemental nutrition assistance program (SNAP).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 74.04.770, 74.12.260, 74.08.580, 9.91.142, 7 C.F.R. 273.16.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments proposed under this filing are needed to incorporate federal regulations regarding the allowable use of SNAP benefits. The amendments will provide penalty information to comply with C.F.R. 273.16 for first, second and third convictions of crimes that are an intentional program violation for food assistance benefits.

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 SNAP administered as the Washington Basic Food program. DSHS adopts rules for cash assistance conforming to Federal regulations under Title 45 C.F.R., Title IV-A of the Social Security Act, Title 74 RCW and the approved TANF state plan.

Process for Developing New Rule: Negotiated rule making, 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 Holly St. John, Community Services Division, P.O. Box 45470, Olympia, WA 98504-4904, phone (360) 725-4895, fax (360) 725-4904, e-mail stjohhc@dshs.wa.gov.

February 14, 2012

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office