WSR 19-10-045
(Economic Services Administration)
[Filed April 29, 2019, 9:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-06-047.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-444-0030 Are able-bodied adults without dependents (ABAWD) subject to additional work requirements and time limits to be eligible for basic food?
Hearing Location(s): On June 4, 2019, 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 5, 2019.
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 4, 2019.
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 May 21, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community services division is proposing to amend WAC 388-444-0030 to reflect the annual update to Washington's supplemental nutrition assistance program state plan concerning ABAWD time limits, work requirements, and current United States Department of Agriculture Food and Nutrition Services-approved waivers for certain geographic areas of Washington state.
Reasons Supporting Proposal: 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.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.
Statute Being Implemented: None.
Rule is necessary because of federal law, 7 C.F.R. § 273.24.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Glenn Haynes, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4556.
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 the department of social and health services 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.
Explanation of exemptions: The proposed rule does not have an economic impact on small businesses.
April 25, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-02-037, filed 12/22/17, effective 1/22/18)
WAC 388-444-0030Are able-bodied adults without dependents (ABAWD) subject to additional work requirements and time limits to be eligible for basic food?
(1) An able-bodied adult without dependents (ABAWD) is a person who:
(a) Is age eighteen through forty-nine;
(b) Is fit for work and not exempted under WAC 388-444-0035; and
(c) Does not receive food assistance in an assistance unit (AU) that includes a minor child (we will consider the AU to include a minor child even if the minor child is not eligible to receive food assistance).
(2) If you are an ABAWD, you must participate in work activities under subsection (4) of this section.
(3) Nonexempt ABAWDs who live outside of King County or on the Muckleshoot Tribal Reservation may continue to receive food assistance until December 31, ((2018))2019 even if they fail to participate in work-related activities.
(4) A nonexempt ABAWD is not eligible to receive food assistance for more than three full months (which do not have to be consecutive months), not including any partial benefit months in a thirty-six month period, unless the ABAWD:
(a) Works an average of eighty hours per month, including:
(i) Work in exchange for money;
(ii) Work in exchange for goods or services ("in kind" work);
(iii) Unpaid work that is verified according to department requirements; or
(iv) Any combination of (a)(i) through (iii) of this subsection;
(b) Participates in one of the following work programs and is meeting the requirements of that work program:
(i) The Workforce Innovation and Opportunity Act of 2014;
(ii) Section 236 of the Trade Act of 1974;
(iii) A state-approved employment and training program at least an average of eighty hours per month; or
(c) Participates in an unpaid work program as provided in WAC 388-444-0040.