The Utah Department of Workforce Services declared on Aug. 1 that, with a few exceptions, all able-bodied adults must be employed or looking for employment to be eligible for food stamps.

Previously, homeless people or those with limited education or language skills were exempted from the work requirement.

The declaration was made without following Utah's rulemaking law, which requires state agencies to publish policy changes and give the public a chance to comment before implementing them.

Rules are defined as an action that "provides or prohibits a material benefit" and interprets state or federal law.

Workforce services officials argue in this situation, federal law trumps state law.

There are federal limits on the number of work exemptions states are allowed, and Utah surpassed its annual limit, said agency spokesman Curt Stewart. "We could be subject to sanctions."

But Bill Tibbitts, an advocate at Crossroads Urban Center, says even emergency rules should be publicly vetted.

Failure to do so promotes "a culture of lawlessness" and could expose the state to lawsuits filed on behalf of those deprived of their food stamps, said Tibbitts.

"It is disappointing when a state agency appears to believe that the homeless do not deserve the same notice and comment as the rest of the public," he said.

Only 172 people lost their food stamps under the new rule, though countless more are being denied benefits as they apply. On any given month, there are about 54,000 Utahns on food stamps.

Shurtleff has yet to review the allegations, but his spokesman Paul Murphy said, "If it's something valid that we should be concerned about, we'll look into it."

kstewart@sltrib.com