WSR 98-04-090

EMERGENCY RULES

DEPARTMENT OF HEALTH

[Filed February 4, 1998, 11:49 a.m.]

Date of Adoption: February 4, 1998.

Purpose: Will put in rule civil fine authority for boarding homes as authorized by RCW 18.20.190.

Citation of Existing Rules Affected by this Order: Amending WAC 246-316-990.

Statutory Authority for Adoption: RCW 18.20.050, 43.70.110.

Other Authority: RCW 18.20.190.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The number of serious complaints against boarding homes has dramatically increased in the last year. This rule is necessary to protect boarding home residents.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

February 4, 1998

Bruce Miyahara

AMENDATORY SECTION (Amending WSR 98-01-165, filed 12/22/97, effective 1/22/98)

WAC 246-316-990 Fees. (1) The licensee or applicant shall submit an:

(((1) Submit an)) (a) Annual license fee of fifty-four dollars per bed of the licensed resident bed capacity for initial and renewed licenses;

(((2) Submit an)) (b) Additional one hundred fifty dollars when billed by the department for:

(((a))) (i) A third on-site visit resulting from failure of the licensee or applicant to adequately respond to a statement of deficiencies; and

(((b))) (ii) A complete on-site survey resulting from a substantiated complaint; and

(((3) Submit an)) (c) Additional late fee in the amount of ten dollars per day from the license renewal date until the date of mailing the fee, as evidenced by the postmark.

(2) The department may use civil fines as authorized by RCW 18.20.190 for enforcement purposes as follows:

(a) Up to one hundred dollars per day per violation for violations which create or have the potential for creating a serious risk of harm to residents; and

(b) Up to fifty dollars per day per violation for violations which adversely affect resident general well-being but do not have the potential for harm to residents.

[Statutory Authority: RCW 18.20.050, 43.70.110 and 43.70.250. 98-01-165, 246-316-990, filed 12/22/97, effective 1/22/98; 96-12-027, 246-316-990, filed 5/30/96, effective 6/30/96. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-316-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.110 and 43.70.250. 94-13-180, 246-316-990, filed 6/21/94, effective 7/22/94. Statutory Authority: RCW 43.70.250. 92-12-086 (Order 276), 246-316-990, filed 6/2/92, effective 7/1/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-316-990, filed 12/27/90, effective 1/31/91.]

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