WSR 16-18-060
(Economic Services Administration)
[Filed September 1, 2016, 3:18 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-14-051.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-444-0035 Who is exempt from the ABAWD time limits and minimum work requirements?
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at on October 11, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 12, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5:00 p.m., October 11, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by September 27, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments proposed under this filing will strike provisions pertaining to food assistance program for legal immigrants (FAP) that are inconsistent with state law for the supplemental nutrition assistance program (SNAP).
Reasons Supporting Proposal: The United States Department of Agriculture, Food and Nutrition Service (FNS) enforces the provisions of the federal SNAP as enacted in the 2008 Food and Nutrition Act as amended and codified in the Code of Federal Regulations (C.F.R.). DSHS incorporates regulations from the federal agencies, exercises state options, and implements approved waivers and demonstration projects by adoption [of] administrative rules for food assistance administered as the Washington basic food program and FAP.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 7 C.F.R. 273.7.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Corinna Adams, 712 Pear Street, Olympia, WA 98501, (360) 725-4640.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses. It only impacts DSHS clients.
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, "this 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."
August 31, 2016
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-04-046, filed 1/27/16, effective 2/27/16)
WAC 388-444-0035 Who is exempt from ((the)) ABAWD time limits and minimum work requirements?
Some ((persons receiving)) people who receive basic food are exempt from ((ABAWD)) able-bodied adult without dependents (ABAWD) time limits and minimum work requirements. You are exempt from ((the)) ABAWD time limits and work requirements ((and time limits)) under WAC 388-444-0030 if you ((are)) meet any one or more of the following:
(1) You are under age eighteen or are age fifty ((years of age)) or older;
(2) ((Receiving)) You receive temporary or permanent disability benefits issued by a governmental or private source;
(3) You are obviously mentally or physically unfit for employment as determined by the department((.)); however, if the unfitness is not obvious, you must provide a statement that you are physically or mentally unfit for employment from a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, ((a)) licensed or certified psychologist, ((a)) social worker, or any other medical personnel ((we determine is)) the department determines appropriate((, that you are physically or mentally unfit for employment.));
(4) You are an adult in a basic food assistance unit that has a family member who is under the age of eighteen;
(5) You are pregnant;
(6) ((Living)) You live in an area approved as exempt by U.S. Department of Agriculture (USDA);
(7) You are complying with the work requirements of an employment and training program under temporary assistance for needy families (TANF);
(8) You are applying for or ((receiving)) currently receive unemployment compensation;
(9) You are a student enrolled at least half time as defined by the institution in:
(a) Any accredited school;
(b) Training program; or
(c) Institution of higher education((. A student enrolled in higher education must)) and you meet the requirements ((under)) of WAC 388-482-0005 ((in order to be eligible for Basic Food.)) regarding basic food eligibility;
(10) You are participating in a chemical dependency treatment and rehabilitation program;
(11) You are employed a minimum of thirty hours per week or ((receiving)) receive weekly earnings ((which)) that equal the federal minimum hourly rate multiplied by thirty hours;
(12) You are eligible for one of the [((-))] approved exemption slots under the ((USDA)) U.S. Department of Agriculture (USDA) fifteen percent exemption rule; or
(13) ((A recipient of the state-funded food assistance program (FAP) under WAC 388-400-0050; or
(14))) You are otherwise exempt from work requirements under WAC 388-444-0010.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.