Administrative Rule Review Report   #AR07-033

Legislative Service Office

05-June-07

AGENCY: Department of Family Services.

DATE SUBMITTED: May 23, 2007.

SUBJECT: Chapter 2, Food Stamp Program.

NATURE OF RULES:                       Legislative and procedural.

STATUTORY AUTHORITY:           W.S. 42-2-103(b)(xiv), 42-2-202(c).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:                 Apparently complete to date.

SUMMARY OF RULES:         The Department of Family Services administers public assistance and social services programs, including the federal food stamp program, for individuals with low income and resources.  The Department is required to maintain a social services state plan, W.S. 42-2-103(b)(i).  Food stamp program participants who are not exempt are required to perform work or community service, W.S. 42-2-202(c).  Chapter 2 of the Department's current food stamp rules addresses the work requirements, providing definitions, exemptions, work registration requirements, employment and training requirements and sanctions.  This amendment makes minor revisions to the existing rules to:

· Change the "Economic and Child Support Services Division" to "Economic Assistance Division";

· Correct federal regulatory citations;

· Incorporate by reference instead of repeating elements of the Employment and Training Program State Plan;

· Correct the work requirement to 80 hours per month instead of 20 hours per week.

FINDINGS:      The rules appear to be within the scope of statutory authority and legislative intent.  Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

            Federal Food Stamp Regulations require the state program to comply with federal law and regulations, 7 C.F.R. § 276.1.  The Department's rules incorporate the federal regulations by reference.  However, the reference does not specifically identify the incorporated regulations by date, does not specify that the incorporation does not include subsequent amendments and does not specify the location of the incorporated material, all as required by W.S. 16-3-103(h).

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency; that the Council recommend that the Governor caution the Agency concerning the need to comply with statutory requirements for incorporation by reference, as noted in the rule review report.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/