EXPEDITED RULES
Title of Rule and Other Identifying Information: WAC 246-360-990 Transient accommodations fees, RCW 70.62.260 was
revised to eliminate the requirement that fees are due to the
department thirty days prior to renewal date.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Yvette Fox, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852 , AND RECEIVED BY January 19, 2005.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule implements RCW 70.62.260, which was revised in the 2004 legislative session. The proposal eliminates the requirement that renewal fees are due to the department thirty days prior to the license renewal expiration date. Fees are now due on the expiration date. The renewal fee amount is not affected by this rule proposal. The change results in an increase of time for the licensee to pay renewal fees.
Reasons Supporting Proposal: The proposal ensures this rule is consistent with the statute.
Statutory Authority for Adoption: RCW 70.62.250.
Statute Being Implemented: RCW 70.62.260.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Health, in response to RCW 70.62.260, governmental.
Name of Agency Personnel Responsible for Drafting: Ellen Haars, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2933; Implementation: Linda Furkay, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2927; and Enforcement: Gary Bennett, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2900.
November 16, 2004
Mary C. Selecky
Secretary
OTS-7605.1
AMENDATORY SECTION(Amending WSR 04-19-141, filed 9/22/04,
effective 10/23/04)
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 | $ 154.50 | ||
| 11 | - | 49 | $ 307.10 | ||
| 50 | - | over | $ 618.20 | ||
(b) A late fee of fifty-one dollars and fifty cents, 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)) received by the
department on the expiration date (see RCW 70.62.260);
(c) An additional fee of fifty-one dollars and fifty cents 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 43.70.250, 18.46.030, 43.70.110, 71.12.470. 04-19-141, § 246-360-990, filed 9/22/04, effective 10/23/04. Statutory Authority: RCW 43.70.250 and 2002 c 371. 02-18-115, § 246-360-990, filed 9/4/02, effective 10/5/02. 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.]