WSR 01-11-153

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 23, 2001, 11:31 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-360-990 Transient accommodation licensing fees.

Purpose: WAC 246-360-990 establishes the licensing fees for transient accommodations.

Statutory Authority for Adoption: RCW 70.62.220, 43.70.110, and 43.70.250.

Statute Being Implemented: RCW 70.62.220.

Summary: The amendment increases the transient accommodation licensing fees up to 2.78% in each category.

Reasons Supporting Proposal: The fees are increasing up to 2.78%, within the legal limit established by Initiative 601.

Name of Agency Personnel Responsible for Drafting: Bliss Moore, Olympia, Washington, (360) 705-6660; Implementation 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: WAC 246-360-990 establishes the licensing fees for transient accommodations. The proposed rule increases current fees up to 2.78% in each licensing category. The increase is intended to support program operational activities.

Proposal Changes the Following Existing Rules: The proposed rule increases review fees 2.78% in each licensing category.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 34.05.310(4) and therefore does not require a small business economic impact statement.

RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995, does not apply to rules that set or adjust fees or rates pursuant to legislative standards (RCW 34.05.328 (5)(b)(vi)).

Hearing Location: (Note: Public hearing is to be held simultaneously via videoconference.) OLYMPIA SITE: First Floor Conference Room, 1102 Quince Street, Olympia, WA 98507, (360) 236-4230; and KENT SITE: Second Floor, Conference Room #2, Centerpoint, 20435 72nd Avenue South, Suite 200, Kent, WA 98032, (253) 395-7731; on June 26, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jody Bales by June 12, 2001, TDD (800) 833-6388, or (360) 705-6781.

Submit Written Comments to: Jennell Prentice, P.O. Box 47852, Olympia, WA 98504-7852, fax (360) 705-6654, by June 22, 2001.

Date of Intended Adoption: June 28, 2001.

May 22, 2001

Nancy Ellison

Deputy

for Mary Selecky

Secretary

OTS-4834.1


AMENDATORY SECTION(Amending WSR 99-23-015, filed 11/5/99, effective 12/6/99)

WAC 246-360-990   Fees.   (1) The licensee or applicant must submit:

(a) An annual fee according to the following schedule:

NUMBER OF LODGING UNITS FEE
3 - 10 $ ((100)) 102.50
11 - 49 $ ((200)) 205.50
50 - over $ ((400)) 411.00

(b) 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) 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.

(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 70.62.220, 43.70.110 and 43.70.250. 99-23-015, 246-360-990, filed 11/5/99, effective 12/6/99. 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.]

Washington State Code Reviser's Office