Workforce Services, Employment Development

Rule R986-900

Food Stamps

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34068
Filed: 09/08/2010 05:49:41 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 35A-1-104 authorizes the Department of Workforce Services to adopt rules. Subsection 35A-1-104(4) authorizes the Department to establish eligibility standards for its programs. Section 35A-3-103 authorizes the Department to establish eligibility for public assistance and food stamps.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department received several written comments when it amended the rule to change the way eligibility is established for household with legal citizens and undocumented aliens living in the same household. Most of the public comments supported the change.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is necessary to administer the food stamp program which is funded by the federal government. The rule adopts the federal eligibility standards and lists waivers and options obtained by or taken by the Department. Without the rule, eligibility could not be determined. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected]

Authorized by:

Kristen Cox, Executive Director

Effective:

09/08/2010