PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-10-077.
Title of Rule: WAC 246-360-990 Transient accommodations fees.
Purpose: Increase the current licensing fees for transient accommodations.
Statutory Authority for Adoption: RCW 70.62.220, 43.70.110, 43.70.250.
Statute Being Implemented: RCW 70.62.220.
Summary: This amendment increases the current licensing fees for transient accommodations and adds a late payment fee.
Reasons Supporting Proposal: The 1999 legislature approved the department's request to increase fees above the I-601 limit.
Name of Agency Personnel Responsible for Drafting and Implementation: Bliss Moore, Olympia, Washington, (360) 705-6660; and Enforcement: Gary Bennett, Olympia, Washington, (360) 705-6652.
Name of Proponent: Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The amendment will increase the licensing fee for transient accommodations and adds a late payment fee. The license fee increase will assist in covering the costs of operating the licensing and enforcement program.
Proposal Changes the Following Existing Rules: The licensing fee will increase for all unit categories, a late payment fee of $50.00 is added, and language is deleted addressing fees for additional on-site surveys.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 34.05.310 (4)(f) and therefore does not require a small business economic impact statement. However, the proposed fees are in a "tiered" standard with smaller facilities (3-10 beds) having the lowest licensing fee to assist in mitigating costs on smaller facilities. The department did prepare a fee study which provides documentation of the need for the fee increase.
RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995 do not apply to rules that set or adjust fees or rates pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).
Hearing Location: Westcoast SeaTac, 18220 Pacific Highway South, Seattle, WA 98188, on October 26, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Alisa Smith by October 15, 1999, TDD (800) 833-6388, or (360) 705-6788.
Submit Written Comments to: Jennell Prentice, P.O. Box 47852, Olympia, WA 98504-7852, e-mail JZP0303@doh.wa.gov, fax (360) 705-6654, by October 26, 1999.
Date of Intended Adoption: October 29, 1999.
September 20, 1999
Mary Selecky
Secretary
OTS-3332.1
AMENDATORY SECTION(Amending WSR 94-21-016, filed 10/6/94,
effective 11/6/94)
WAC 246-360-990
Fees.
(1) The licensee or applicant
((shall)) must submit:
(a) ((Submit)) An annual fee according to the following
schedule:
| NUMBER OF LODGING UNITS | FEE |
| 3 - 10 | $ (( |
| 11 - 49 | $(( |
| 50 - over | $(( |
(b) ((Submit a transition fee of forty-five dollars for any
license renewed in 1995;)) A late fee of fifty dollars, in
addition to the full license renewal fee, if the full license
renewal fee is not delivered or mailed to the department at least
thirty days prior to the license expiration date;
(c) ((Submit)) An additional fee of fifty dollars for an
amended license due to changing the number of lodging units or
the name of the transient accommodation((;
(d) Submit an additional one hundred fifty dollars when billed by the department for:
(i) A third on-site visit resulting from a licensee's or applicant's failure to adequately respond to a statement of deficiencies; and
(ii) A complete on-site survey resulting from a substantiated complaint)).
(2) The department shall refund fees only when all the following conditions are met:
(a) A prospective new owner applies for initial licensure prior to taking ownership as required by WAC 246-360-020 (4)(b);
(b) Transfer of ownership is not finalized;
(c) The applicant requests a refund in writing; and
(d) The department receives the fee and the request for refund in the same biennium.
[Statutory Authority: RCW 43.70.110 and 43.70.250. 94-21-016, § 246-360-990, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 70.62.220, 70.62.230 and 43.70.250. 92-21-089 (Order 312), § 246-360-990, filed 10/21/92, effective 11/21/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-360-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-17-045 (Order 2524), § 440-44-075, filed 8/17/87; 85-12-029 (Order 2236), § 440-44-075, filed 5/31/85. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), § 440-44-075, filed 6/4/82.]