WSR 16-18-061 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed September 1, 2016, 3:24 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-15-012.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-444-0075 What are the penalties if I quit a job or reduce my work effort without good cause?
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), 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 DSHSRPAURulesCoordinator@dshs.wa.gov, 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 KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment will reduce the penalty period for applying for basic food from sixty days to thirty days after voluntarily quitting a job or reducing work effort without good cause.
Reasons Supporting Proposal: DSHS incorporates regulations from federal agencies, exercises state options, and implements approved waivers and demonstration projects by adopting administrative rules for the federal supplemental nutrition assistance program (SNAP) administered as the Washington basic food program. DSHS adopts rules for cash assistance conforming to federal regulations under Title 45 C.F.R., Title IV-A of the Social Security Act, Title 74 RCW, and the approved TANF state plan.
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 13-24-056 and 13-21-126, filed 11/26/13 and 10/22/13, effective 12/27/13 and 11/22/13)
WAC 388-444-0075 What are the penalties if ((I)) you quit a job or reduce ((my)) your work effort without good cause?
(1) If you have applied for basic food and have voluntarily quit a job or reduced your work effort as defined under WAC 388-444-0065 without good cause within ((sixty)) thirty days before applying for basic food, we will deny your application and ((you must have)) impose a penalty period as described under subsection (3) of this section from the date of your application.
(2) If you already receive basic food and ((you)) quit your job or reduce your work effort without good cause, we will send you a letter notifying you that you will be disqualified from basic food. The disqualification in subsection (3) of this section begins the first of the month following ((the)) our notice of adverse action.
(3) You are disqualified for the following minimum periods of time and until the conditions in subsection (4) of this section are met:
(a) For the first quit or reduction of work effort, one benefit month;
(b) For the second quit or reduction of work effort, three benefit months; and
(c) For the third or subsequent quit or reduction of work effort, six benefit months.
(4) You may reestablish eligibility after serving the disqualification period if you comply with the work requirements under WAC 388-444-0005 and are otherwise eligible.
(5) If you become exempt from work registration under WAC 388-444-0010, we will end your disqualification for a job quit or reduction of work effort ((unless you are exempt because you are applying for or receiving unemployment compensation (UC), or participating in an employment and training program under TANF)).
(6) If you are exempt or requalify due to participation in unemployment compensation (UC) or temporary assistance for needy families (TANF), you must meet the work requirements in these programs to remain eligible for basic food.
(7) If you are disqualified, and move from the assistance unit, and join another assistance unit, we will continue to treat you as an ineligible member of the new assistance unit for the remainder of the disqualification period.
|