WSR 12-15-068



(Economic Services Administration)

(Community Services Division)

[ Filed July 18, 2012, 8:36 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-11-117.

     Title of Rule and Other Identifying Information: The community services division (CSD) is proposing to amend WAC 388-458-0011 DSHS sends you a denial letter when you can't get benefits.

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on August 21, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than August 22, 2012.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on August 21, 2012.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 7, 2012, 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: The department is proposing to amend WAC 388-458-0011 to align the language of this WAC section and several sections in chapter 388-406 WAC, Applications, concerning reconsideration of denied Basic Food applications. This change will also bring the rules in line with current and accepted procedures.

     Reasons Supporting Proposal: These amendments are necessary to avoid Basic Food payment errors and improve overall program access. This change will remove an unintended barrier found in the Basic Food application process, and help assure Washington state continues to receive federal funding for its supplemental nutrition assistance program (SNAP) and avoid financial penalties.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.

     Statute Being Implemented: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.

     Rule is necessary because of federal law, 7 C.F.R. § 273.2.

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

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4634.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendment only affects DSHS program denial letter preparation procedures to align them with procedures described in other rule sections.

     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."

July 13, 2012

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 01-16-087, filed 7/25/01, effective 9/1/01)

WAC 388-458-0011   DSHS sends you a denial letter when you can't get benefits.   (1) When we finish processing your application, we send you a denial letter if you cannot get benefits.

     (2) On this letter, we tell you:

     (a) Why you cannot get benefits;

     (b) The rules that support our decision;

     (c) The date we ((stopped)) finished processing your application; and

     (d) Your right to have your case reviewed or ask for ((a fair)) an administrative hearing.

     (3) If we are denying your application because you did not give us ((some)) information that we needed and we can't figure out if you are eligible without it, we also tell you on the letter:

     (a) What information you didn't give to us;

     (b) The date we asked for the information and the date it was due;

     (c) That we cannot figure out if you can get benefits without this information; and

     (d) That we will review your eligibility if:

     (i) For cash and medical, you give us the information within thirty days of the date of the notice and your circumstances have not changed (otherwise you may need to reapply); or

     (ii) For food assistance, you give us the information within sixty days of the date you applied((; and

     (iii) Your circumstances have not changed)).

     (4) We send denial letters to you according to the rules in chapter 388-406 WAC.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-16-087, § 388-458-0011, filed 7/25/01, effective 9/1/01.]

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