WSR 03-08-033

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed March 27, 2003, 10:00 a.m. ]

Original Notice.

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

Title of Rule: WAC 246-205-990 Decontamination of illegal manufacturing and storage sites fees.

Purpose: To revise the fee schedule for the clandestine drug lab program in order to cover inflationary increases in program costs.

Other Identifying Information: This proposal increases fees within the 2003 fiscal growth factor of 3.29%.

Statutory Authority for Adoption: RCW 43.70.250 and 43.70.110.

Statute Being Implemented: RCW 43.70.250 and 43.70.110.

Summary: Fees support the public health activities of the clandestine drug lab program and need to be adjusted to compensate for inflation.

Reasons Supporting Proposal: Sufficient revenue is necessary to fulfill the department's public health obligations.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carolyn Comeau, Tumwater, (360) 236-3381.

Name of Proponent: Washington State 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 Office of Environmental Health and Safety ensures that the people who decontaminate illegal drug manufacturing and storage sites are educated and trained in ways that promise the best achievable results and promotes the safety of both the people involved in decontamination as well as individuals who may use the property in the future. These fees support the clandestine drug lab program charged with protecting public health through this certification process. The proposed rule will increase the annual clandestine drug lab program certification fees within the 2003 fiscal growth factor of 3.29% to offset inflationary increases.

Proposal Changes the Following Existing Rules: Clandestine drug lab program certification fees are increased within the fiscal growth factor of 3.29%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of the Regulatory Fairness Act.

RCW 34.05.328 does not apply to this rule adoption. Under RCW 34.05.328 (5)(b)(vi), rules that set or adjust fees pursuant to legislative standards are exempt from the analysis required in RCW 34.05.328.

Hearing Location: Department of Labor and Industries, Room S119, 7273 Linderson Way S.W., Tumwater, WA 98504, on May 23, 2003, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Vicki Bouvier by May 16, 2003, TDD (800) 833-6388.

Submit Written Comments to: Carolyn Comeau, DOH-EHP-EHS, P.O. Box 47825, Olympia, WA 98504-7825, e-mail carolyn.comeau@doh.wa.gov, fax (360) 236-2250, by May 23, 2003.

Date of Intended Adoption: May 30, 2003.

March 23, 2003

M. C. Selecky

Secretary

OTS-6275.1


AMENDATORY SECTION(Amending WSR 01-14-047, filed 6/29/01, effective 7/30/01)

WAC 246-205-990   Fees.   (1) The department shall charge fees for issuance and renewal of certificates. The department shall set the fees by rule.

(2) The fees shall cover the cost of issuing certificates, filing papers and notices, and administering this chapter. The costs shall include reproduction, travel, per diem, and administrative and legal support costs.

(3) Fees are nonrefundable and shall be in the form of check or money order made payable to the department.

(4) The department shall require payment of the following fees upon receipt of application:

(a) Twenty-eight dollars shall be assessed for each initial, renewal, or reciprocal worker certificate application.

(b) Twenty-eight dollars shall be assessed for each initial, renewal, or reciprocal supervisor certificate application.

(c) Five hundred ((fifty-two)) seventy dollars shall be assessed for each initial, renewal, or reciprocal authorized contractor certificate application. The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under the provisions of chapter 18.27 RCW.

(d) Two hundred ((eleven)) seventeen dollars shall be assessed for each initial application and ((fifty-one)) fifty-two dollars shall be assessed for each renewal application for illegal drug manufacturing or storage site decontamination training course approval.

[Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, 246-205-990, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, 246-205-990, filed 12/27/99, effective 1/27/00; 99-12-022, 246-205-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW. 91-04-007 (Order 125SB), 246-205-990, filed 1/24/91, effective 4/1/91.]

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