WSR 05-03-035

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed January 10, 2005, 3:15 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-19-001.

Title of Rule and Other Identifying Information: Amendment to WAC 446-20-630 Department of social and health services -- Child care licensing -- Fees.

Hearing Location(s): Washington State Patrol, Criminal Records Division, 3000 Pacific Avenue, Suite 202, Olympia, WA 98504-2619, on February 23, 2005, at 9:00 a.m.

Date of Intended Adoption: March 22, 2005.

Submit Written Comments to: Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, e-mail Benjamin.Carruth@wsp.wa.gov, fax (360) 570-5274, by February 22, 2005.

Assistance for Persons with Disabilities: Contact Mr. Benjamin Carruth by February 22, 2005, (360) 570-5230.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment will change the fees for background checks to coincide with the amendment proposal for WAC 446-20-600 Fees. The amendment to WAC 446-20-630 will also reduce the number of fingerprint cards being submitted to the Washington State Patrol (WSP) from 2 to 1. Currently only one fingerprint card is required for processing. WSP sends the fingerprints electronically to the FBI.

Reasons Supporting Proposal: The last fee study for background checks was conducted in 1993. Since then, the costs associated with conducting background checks have increased. The ways to obtain criminal history have expanded from mailed inquiries to include walk-in customers and internet access.

Statutory Authority for Adoption: RCW 43.43.830 - 43.43.845.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, (360) 570-5230.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The fee changes will not impose more than minor costs on small businesses.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Mr. Benjamin Carruth, P.O. Box 42633, Olympia, WA 98504-2633, phone (360) 570-5230, fax (360) 570-5274, e-mail Benjamin.Carruth@wsp.wa.gov.

January 10, 2005

Lowell Porter

Chief

OTS-7634.1


AMENDATORY SECTION(Amending WSR 96-18-017, filed 8/26/96, effective 9/26/96)

WAC 446-20-630   Department of social and health services -- Child care licensing -- Fees.   (1) In addition to the state search, an FBI search is required for requests submitted under chapter 74.15 RCW. ((Two)) One fingerprint card((s are)) is required to be submitted to the Washington state patrol identification and criminal history section.

(2) Department of social and health services (DSHS) shall process fingerprint background checks under chapter 74.15 RCW. Under "reason fingerprinted," cards will be marked "DSHS Child Care Licensing RCW 74.15.030" or "DSHS Child Care Licensing RCW 74.15.030 DDD."

(3) Department of social and health services, division of children and family services (DCFS) shall pay the expense and submit a waiver of fee form on licensees if the background check expense would work a hardship on the licensee. The six-dollar processing fee will not be applicable when a waiver of fee form is submitted to the Washington state patrol or the fingerprint card is marked "volunteer."

(4) A monthly billing account will be established for the DSHS division of developmental disabilities (DDD). The six-dollar processing fee will not be applicable on any fingerprint cards indicated as "DDD."

(5) Each month the Washington state patrol shall prepare a billing statement and detail report for waiver of fee forms from DCFS and for all DDD fingerprint cards submitted.

(6) All fees collected under chapter 74.15 RCW, will be deposited into the Washington state patrol fingerprint identification account.

(7) Nonrefundable fees are to be charged to:

(a) "DSHS child care licensing RCW 74.15.030" (division of children and family services (DCFS)) as follows:

(i) The fee for the state search is ((twenty-five)) thirty dollars.

(ii) The fee for the FBI search is twenty-four dollars.

(iii) A six-dollar processing fee.

(b) "DSHS division of children and family services (DCFS) for fee waivers" as follows:

(i) The fee for the state search is ((twenty-five)) thirty dollars.

(ii) The fee for the FBI search is twenty-four dollars.

(c) "DSHS child care licensing RCW 74.15.030 division of developmental disabilities (DDD)" as follows:

(i) The fee for the state search is ((twenty-five)) thirty dollars.

(ii) The fee for the FBI search is twenty-four dollars.

(d) "DSHS child care licensing RCW 74.15.030" division of developmental disabilities "volunteers" as follows:

(i) The fee for the state search is ((twenty-five)) thirty dollars.

(ii) The FBI fee shall be eighteen dollars on those fingerprint cards clearly designated as "volunteer" pursuant to provisions under Section 3e of the National Child Care Protection Act of 1993 as amended by the Crime Control Act of 1994.

(iii) "Chapter 74.15 RCW" and "volunteer" must be entered in the "reason fingerprinted" box on both the state and FBI fingerprint cards submitted. Failure to indicate "volunteer" and the RCW citation on fingerprint cards will result in full fees being charged.

[Statutory Authority: RCW 43.43.830 - [43.43.]845, chapters 10.97, 28A.400 and 74.15 RCW. 96-18-017, 446-20-630, filed 8/26/96, effective 9/26/96.]

Washington State Code Reviser's Office