WSR 18-11-120
(Economic Services Administration)
[Filed May 22, 2018, 11:21 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-07-078.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-444-0040 Can I volunteer for an unpaid work program in order to meet the work requirements under WAC 388-444-0030?
Hearing Location(s): On June 26, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at
Date of Intended Adoption: Not earlier than June 27, 2018.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., June 26, 2018.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by June 12, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-444-0040 in order to update the eligibility policies of work registrants, including but not limited to the able-bodied adults without dependents population, bringing them into compliance with federal regulations.
Reasons Supporting Proposal: The proposed amendments comply with Washington's supplemental nutrition assistance program (SNAP) state plan.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, and 74.08A.120.
Rule is necessary because of federal law, 7 C.F.R. 273.24, 7 C.F.R. 273.7.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA, 360-725-4895.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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 DSHS relating only to client medical or financial eligibility and rules concerning liability for care of dependents.["]
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
May 16, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-18-028, filed 8/26/14, effective 9/26/14)
WAC 388-444-0040 ((Can)) May I volunteer for an unpaid work program in order to meet the work requirements under WAC 388-444-0030?
((The department makes)) May I volunteer for an unpaid work ((programs available for persons who need)) program to meet the work requirements under WAC 388-444-0030((.))?
(1) ((The following are considered unpaid work programs:
(a) Workfare, which includes:
(i) Job search activities during the first thirty days beginning with the day of application, or sixteen hours of volunteer work with a public or private nonprofit agency; and
(ii) In subsequent months, sixteen hours per month of volunteer work with a public or private nonprofit agency allows you to remain eligible for basic food benefits.
(iii) Workfare does not include enforced community service or for paying fines or debts due to legal problems.
(b) Work experience (WEX) which provides supervised, unpaid work for at least twenty hours a week. WEX is intended to improve a person's work skills and make them more competitive in the job market. WEX must be for a nonprofit organization, government agency, or tribal entity)) To meet the work requirements of WAC 388-444-0030, you may volunteer for workfare, an unpaid work program that includes work with public or private nonprofit agencies contracted with the department of social and health services.
(2) We determine the number of hours you must participate by taking the total amount of food benefits your assistance unit (AU) receives and divide it by the state or local minimum wage, whichever is higher.
(((2))) (3) If there are multiple able-bodied adults without dependents (ABAWD) in your AU, they share the responsibility of meeting the required number of hours.
(4) Workfare does not include court-ordered community service.
(5) We ((may not require)) cannot require you to participate more than one hundred and twenty hours per month in an unpaid-work program, paid work, or a combination of activities. ABAWDs may choose to volunteer to participate in activities beyond one hundred and twenty hours per month.
(((3) The department may pay for some of the costs for you to participate in work programs. We set the standards for the amount we will pay for these expenses.))