Purpose: The rule implements RCW 70.62.260, which was revised in the 2004 legislative session. It 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 of the license. The renewal fee amount is not affected by this rule proposal.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-360-990.

     Statutory Authority for Adoption: RCW 70.62.260.

      Adopted under notice filed as WSR 04-23-090 on November 17, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: February 10, 2005.

M. 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.]

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