PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-360-990 Transient accommodations fees.
Purpose: The proposal increases transient accommodations fees sufficient to cover full operating costs.
Other Identifying Information: During the 2002 legislative session, the legislature granted the department authority to exceed I-601 limitations.
Statutory Authority for Adoption: RCW 43.70.250.
Statute Being Implemented: RCW 43.70.250.
Summary: The amendments increase transient accommodations fees by 59%.
Reasons Supporting Proposal: RCW 43.70.250 authorizes the department to charge fees sufficient to cover the full cost of program operations. The increase will enable the program to operate and conduct inspections in a timely manner, ensuring public health and safety in lodging facilities.
Name of Agency Personnel Responsible for Drafting: Ellen Haars, 2725 Harrison Avenue, Olympia, WA 98502, (360) 705-6686; Implementation: Bliss Moore, 2725 Harrison Avenue, Olympia, WA 98502, (360) 705-6660; and Enforcement: Gary Bennett, 2725 Harrison Avenue, Olympia, WA 98502, (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: Amends fees for transient accommodations program. The increase is anticipated to fully maintain program activities as required by statute.
Proposal Changes the Following Existing Rules: The proposal increases transient accommodations fees by 59%.
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. However, the department prepared a fee study which provides documentation of the need for the fee increase. To obtain a copy of the fee study, contact Yvette Lenz at the address above.
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: Department of Health, Facilities and Services Licensing Training Room, 2725 Harrison Avenue N.W., Suite 500, Olympia, WA 98504-7852, on July 16, 2002, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Yvette Lenz by July 11, 2002, TDD (800) 833-6388, or (360) 705-6661.
Submit Written Comments to: Yvette Lenz, Rules Coordinator, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, e-mail yvette.lenz@doh.wa.gov, website www3.doh.wa.gov/policyreview, fax (360) 705-6654, by July 16, 2002.
Date of Intended Adoption: July 25, 2002.
June 4, 2002
Mary C. Selecky
Secretary
OTS-5681.1
AMENDATORY SECTION(Amending WSR 01-15-093, filed 7/18/01,
effective 8/18/01)
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 | (( |
| 11 - 49 | (( |
| 50 - over | (( |
(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. 01-15-093, § 246-360-990, filed 7/18/01, effective 8/18/01; 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.]