Administrative Rule Review Report  #AR08-058

Legislative Service Office

21-Jul-08

 

AGENCY:                                         Department of Family Services.

 

DATE SUBMITTED:                        July 15, 2008.

 

SUBJECT:                                        Chapter 1, Personal Opportunities with Employment Responsibilities (POWER); and Chapter 2, Personal Opportunities with Employment Responsibilities - State Adult Student Financial Aid (POWER-SASFA).

 

NATURE OF RULES:                      Legislative and procedural.

 

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

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:   Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d). No comments have been received to date.

 

SUMMARY OF RULES:         The Department of Family Services administers the Personal Opportunities with Employment Responsibilities ("POWER") public assistance program.  The program provides temporary cash assistance to low income families with children.   These amendments to existing department rules implement changes to the program enacted by the 2008 Legislature (HB89/HEA9/Ch.9).  The amendments:

 

·  Increase assistance payments under the program to account for inflation since 1997 and provide for subsequent annual adjustment of assistance payment levels based on the Wyoming cost-of-living index for the previous fiscal year;

 

·  For purposes of program eligibility, remove dollar limits on vehicles excluded from assets and coordinate with the food stamp program the treatment of lump sum payments and loans;

 

·  Remove the prohibition on increases in assistance payments due to increases in family size following initial program qualification;

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                                        _______________________

                                                                        Gerald W. Laska

                                                                        Staff Attorney

 

                                                                        _______________________

                                                                        David K. Gruver

                                                                        Assistant Director

 

GWL/