WSR 12-17-133



(Economic Services Administration)

[ Filed August 21, 2012, 3:16 p.m. ]

     Subject of Possible Rule Making: The department is proposing to amend WAC 388-408-0040 How does living in an institution affect my eligibility for Basic Food?, and other related rules.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.055, 74.04.057, 74.04.510, 74.08.090.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department plans to amend WAC 388-408-0040 to clarify eligibility for Basic Food for persons living in an institution. The proposed amendment will be consistent with supplemental nutrition assistance program (SNAP) certification policy under 7 C.F.R. § 273.1 and 7 C.F.R. §271.2.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service enforces the provisions of the federal SNAP as enacted in the 2008 Food and Nutrition Act and codified in the Code of Federal Regulations.

     The state legislature authorizes the department to administer the Food Stamp Program (SNAP) and food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.08A.120.

     DSHS incorporates regulations from the federal agencies, exercises state options, and implements approved waivers of federal regulatory requirements by adopting administrative rules for food assistance programs administered under the Washington Basic Food program.

     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 Holly St. John, ESA, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4895, fax (360) 725-4904, e-mail

August 20, 2012

Katherine I. Vasquez

Rules Coordinator