Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: Amending WAC 388-444-0035 When am I (able-bodied adult with no dependents) exempt from ABAWD provisions?

     Purpose: Amending this rule is necessary to implement a federal regulation that exempts some able-bodied adults without dependents (ABAWDs) clients from time-limited food assistance benefits. If there is a food assistance household member under the age of eighteen, then all adult household members are exempt from the ABAWD time limits and requirements. Some clients are receiving incorrect food assistance benefits based on the current Washington Administrative Code.

     Other Identifying Information: The rule is being proposed without prior filing of CR-101 Preproposal statement of inquiry. A CR-101 notice is not required for "rules adopting or incorporating without material change federal statutes or regulations..." under RCW 34.05.310 (4)(c). The proposed rule adopts without material change language in federal rule 7 C.F.R. 273.24 (c)(4).

     Statutory Authority for Adoption: RCW 74.04.050 and 74.04.510.

     Statute Being Implemented: RCW 74.04.050 and 74.04.510.

     Summary: Changing WAC to say that if there is a food assistance household member under age eighteen, then all adult household members are exempt from the ABAWD time limits and requirements, as required by federal rule.

     Reasons Supporting Proposal: Some clients are receiving incorrect food assistance benefits based on the current Washington Administrative Code.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Stan Carlton, 1009 College Street S.E., Lacey, WA 98504, (360) 413-3028, CarltSW@dshs.wa.gov.

     Name of Proponent: Department of Social and Health Services, governmental.

     Rule is necessary because of federal law, 7 C.F.R. 273.24.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose, Other Identifying Information, Summary, and Reasons Supporting Proposal above.

     Proposal Changes the Following Existing Rules: Some clients are currently receiving incorrect food assistance benefits based on the current rule. With the amended rule they will receive correct benefits.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients.

     RCW 34.05.328 does not apply to this rule adoption. 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." This rule adopts federal standards contained in 7 C.F.R. 273.24 (c)(4).

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 22, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 17, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., January 22, 2003.

     Date of Intended Adoption: Not earlier than January 23, 2003.

December 9, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) Under eighteen or fifty years of age or older;

     (2) Determined to be physically or mentally unable to work;

     (3) A ((parent or other)) member of a household with responsibility for a ((dependent child under eighteen years of age or a)) person determined to be incapacitated;

     (4) An adult in a household that has a member who is under the age of eighteen, even when the child is an ineligible household member;

     (5) Pregnant;

     (((5))) (6) Living in an area approved as exempt by U.S. Department of Agriculture;

     (((6))) (7) Complying with the work requirements of an employment and training program under temporary assistance for needy families (TANF);

     (((7))) (8) Applying for or receiving unemployment compensation;

     (((8))) (9) Students 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 follow the student criteria defined in chapter 388-482 WAC.

     (((9))) (10) Participating in a chemical dependency treatment program;

     (((10))) (11) Employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate multiplied by thirty hours;

     (((11))) (12) Eligible for one of the annual federal-approved exemption slots under what is called the fifteen percent exemption rule.

[Statutory Authority: RCW 74.04.050 and 74.04.510. 00-04-006, § 388-444-0035, filed 1/20/00, effective 3/1/00. Statutory Authority: RCW 74.04.510. 99-07-024, § 388-444-0035, filed 3/10/99, effective 4/10/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0035, filed 7/31/98, effective 9/1/98.]

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