Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-22-085.

     Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-452-0005 Do I have to be interviewed in order to get benefits?

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on December 8, 2009, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than December 9, 2009.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on December 8, 2009.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 24, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community services division, economic services administration is proposing to revise WAC 388-452-0005 Do I need to be interviewed in order to get benefits?, to establish when households must have an interview in order to be eligible for department programs, and to allow a telephone interview instead of having an interview at the local office.

     Reasons Supporting Proposal: The department will amend rules for Basic Food consistent with approved waivers to interview requirements under 7 C.F.R. § 273.2(e) related to required interviews for the supplemental nutrition assistance program (SNAP). SNAP was previously known as the food stamp program.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.120, and 74.08A.903.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.120, and 74.08A.903.

     Rule is necessary because of federal law, 7 C.F.R. § 273.2.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Don Winslow, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4580.

     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 by establishing when households must have an interview in order to be eligible for department programs and indicates when households may have a telephone interview instead of having an interview at the local office.

     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, "[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."

October 30, 2009

Stephanie E. Vaughn

Rules Coordinator

     (a) At initial certification; and

     (b) At least once every twelve months ((if your assistance unit (AU) is certified for twelve months or less)).

     (2) ((You do not have to attend)) An interview is not required if you are applying for or recertifying medical benefits only. If we deny your application for cash or Basic Food because you did not have an interview, we continue to process your request for medical benefits.

     (3) You will have just one interview even if you are applying for or are having a review for benefits from more than one program.

     (4) We hold interviews either in person or over the phone.

     (5) If we do not interview you on the same day that we ((get)) receive your application, we will schedule an interview appointment for you((. We schedule your appointment the day we get your application or on the next business day if we get your application outside of our scheduled business hours, on a holiday or a weekend.

     (5) We schedule an interview so your AU has at least ten days after the interview to provide needed verification:

     (a) Before the end of the thirty-day processing period for applications; or

     (b) Before your certification period ends for eligibility reviews or recertifications)) or have you contact us by phone during our business hours to complete your interview.

     (6) If we schedule an interview, we will set your appointment to allow you at least ten days after the interview to provide needed verification:

     (a) Before the end of the thirty-day processing period for applications; or

     (b) Before your certification period ends for eligibility reviews or recertifications.

     (((6))) (7) If you miss your first interview and ask for another interview within thirty days of the date you applied for benefits, we schedule a second interview ((for you)) or have you call us and complete the interview over the phone.

     (((7))) (8) If you must have an interview for benefits, you or someone who can give us the information we need about your AU must participate in the interview. You may ((bring any person you choose to)) ask any person you choose to help with your interview.

     (((8) You may choose someone to take your place in your interview:

     (a) For cash assistance if you cannot come to the local office for us to decide if you are eligible for benefits; or

     (b))) (9) For Basic Food ((if the person is)) only, your authorized representative as described in WAC 388-460-0005 may take your place during your interview.

     (((9) We usually have interviews at the local office. You can have a scheduled telephone interview if there is any reason you cannot attend an interview at the local office. Examples of reasons you may be unable to attend an interview include:

     (a) Your work or training schedule make it inconvenient for you to attend an in-office interview during regular business hours;

     (b) You are unable to take time off of work to attend an in-office interview, because you would not get paid for this time or you fear you could lose your job;

     (c) Someone in your AU is ill, or you have to stay home to care for an AU member;

     (d) You are having transportation problems;

     (e) You can't safely get to the office because of severe weather;

     (f) You live in a remote area and can't easily get to the local office;

     (g) All the people in your AU are elderly, mentally disabled, or physically disabled;

     (h) Someone in your AU is affected by family violence such as physical or mental abuse, harassment, or stalking by the abuser; or

     (i) You have any other situation that makes it difficult for you to come into the office for an interview.

     (10) If you currently get benefits from the department and you are completing an eligibility review or recertification for ongoing benefits under chapter 388-434 WAC, you can have a scheduled phone interview even if you do not meet the requirements for a phone interview listed above.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-10-102, § 388-452-0005, filed 5/4/04, effective 7/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 7 C.F.R. 273.2(e). 03-18-113, § 388-452-0005, filed 9/2/03, effective 11/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 02-14-023, § 388-452-0005, filed 6/21/02, effective 7/1/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530. 01-14-060, § 388-452-0005, filed 6/29/01, effective 8/1/01; 00-22-087, § 388-452-0005, filed 10/31/00, effective 12/1/00. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 42 C.F.R. 435.907. 99-11-075, § 388-452-0005, filed 5/18/99, effective 6/18/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-452-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0420.]

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