Exception to Rule
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Exception to Rule

Revised February 18, 2009

Purpose: To explain how, in certain circumstances, the department can grant exceptions to program rules.
WAC 388-440-0001Exception to rule.
WAC 388-440-0005How am I informed of the decision my request to the department for an exception to rule?

WAC 388-440-0001

WAC 388-440-0001

Effective March 8, 2004

WAC 388-440-0001 Exception to rule.

  1. The secretary of the department, or designee, authorizes department staff to request an exception to a rule in the Washington Administrative Code (WAC) for individual cases, except as noted in subsection (5) of this section, when: 

    1. The exception would not contradict a specific provision of federal law or state statute; and

    2. The client's situation differs from the majority; and

    3. It is in the interest of overall economy and the client's welfare; and

    4. It increases opportunities for the client to function effectively; or

    5. A client has an impairment or limitation that significantly interferes with the usual procedures required to determine eligibility and payment.

  2. The secretary or the secretary's designee makes the final decision on all requests for exceptions to a rule.

  3. Clients have no fair hearing rights as defined under chapter 388-02 WAC regarding exception to rule decisions by department staff.

  4. Clients who do not agree with a decision on an exception to rule may file a complaint according to chapter 388-426 WAC.

  5. This section does not apply to requests for noncovered medical or dental services or related equipment. See WAC 388-501-0160.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 388-440-0005

WAC 388-440-0005

Effective October 1, 2007

WAC 388-440-0005 How am I informed of the decision my request to the department for an exception to rule?

  1. You will receive the decision in writing within ten days when department staff: 

    1. Decides not to file the exception to rule request; or

    2. Decides to approve or deny an exception to rule request.

  2. The notice includes on how to file a complaint as specified in chapter 388-426 WAC.

  3. This section does not apply to notification requirements for exceptions to rules concerning noncovered medical or dental services or related equipment.  See WAC 388-501-0160. 

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

  1. The Secretary of DSHS has delegated the authority for approval of exceptions to rule to the Economic Services Administration, Community Services Division (Administrative Policy 4.01).

  2. Direct requests for exceptions to procedures or policies that are not specified in rule to a supervisor.

  3. Exceptions to rule may be considered for:

    1. TANF;

    2. General Assistance;

    3. Medical assistance eligibility decisions.  (Note:  Refer anyone requesting an ETR for medical or dental services or related equipment to WAC 388-501-0160);

    4. ADATSA;

    5. Child Care; and

    6. WorkFirst.

  4. The Secretary's coordinator for exception to rules is located in CSD Headquarters.

  5. Each CSO designates an Exception to Rule Coordinator.

  6. Requests for Exception to Rule must accurately cite the rule that is being considered for an exception. Direct questions about the correct citation to a supervisor or the Secretary's Designee in CSD headquarters.

WORKER RESPONSIBILITY

FSS/Case Manager

  1. Determine on a case by case basis, using the criteria in WAC 388-440-0001, whether a request for an exception is appropriate.

  2. If no, send client ACES Online letter 0070-03 (05-177) Exception to Rule Not Requested.

  3. If yes:

    1. Complete the ACES Online letter 0070-01 (or DSHS 05-010) ETR Request - Internal, and send the original, with any supporting documentation, to CSO coordinator. 

    2. Notify the client of the decision regarding the request by send ACES Online letter 0070-04 (Approval) or 0070-05(Denial) or use DSHS 05-177(x).

    3. Take action to authorize benefit if exception is approved.

    4. Document actions on the case narrative, and retain completed ETR in the electronic case record.


CSO Exception Coordinator

  1. Track exception requests on DSHS 2-168 (Exception to [Rule] Log) or in a computer file.

  2. Send completed requests (0070-01 or DSHS 5-010(X)) to CSO Administrator or their designee, for endorsement signature.

  3. Send original request by FAX, e-mail or mail to the Secretary's designee at Community Services Division - MS 45470 - FAX 360-725-4905


Secretary's Coordinator for Exception to Rules 

  1. Track statewide exception requests/review for accuracy

  2. Notify requesting local ETR coordinator of decision by email or telephone

  3. Forward signed ACES letter ETP1 (or DSHS 05-010(X)) to CSO/Agency ETR Coordinator.

ACES Information

If an exception is approved,  use the proper valid value (EP - Exception to Policy Recurring or NR - Exception to Polcy Non-Recurring) on the AREQ screen to identify the payment as an exception to rule.

Document what was approved in the ETR on the REMARKS screen (F9) behind the screen that contains the information relating to the exception.

 

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Modification Date: February 18, 2009
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