WSR 09-16-019

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed July 24, 2009, 12:28 p.m. , effective July 26, 2009 ]


Effective Date of Rule: July 26, 2009.

Purpose: Recently enacted state statute E2SHB 1935 increased the adult family home application processing fee and yearly licensing fee for adult family home applicants and providers. Governor Gregoire signed the bill into law on May 18, 2009, effective July 26, 2009.

Citation of Existing Rules Affected by this Order: Amending WAC 388-76-10025 and 388-76-10070.

Statutory Authority for Adoption: Chapter 70.128 RCW.

Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: The legislature just passed E2SHB 1935 which increased the application processing fee and annual licensing fee for adult family home applicants. In order for the cost savings to be realized and to meet the effective date of the bill, these rules must be adopted by emergency.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: June 29, 2009.

Stephanie E. Schiller

Rules Coordinator

4120.1
AMENDATORY SECTION(Amending WSR 07-21-080, filed 10/16/07, effective 1/1/08)

WAC 388-76-10025   License annual fee.   (1) The adult family home must pay an annual license fee ((is fifty dollars per adult family home per year)) as required in chapter 70.128 RCW.

(2) The home must send the annual license fee to the department upon receipt of notice of fee due.

(3) If the ((department does not renew the license)) adult family home license is not renewed, the annual license fee is refundable.

[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. 07-21-080, 388-76-10025, filed 10/16/07, effective 1/1/08.]


AMENDATORY SECTION(Amending WSR 07-21-080, filed 10/16/07, effective 1/1/08)

WAC 388-76-10070   Application -- Fees required.   (1) The applicant must ((send a one hundred dollar fee with the application form:

(a) Fifty dollars of this fee is the application processing fee; and

(b) Fifty dollars is the annual license fee)) pay all processing and license fees established by chapter 70.128 RCW.

(2) The applicant must submit the required fees with the application form.

(3) The processing fee will be returned as required by chapter 70.128 RCW.

(4) The ((fifty dollar annual)) license fee will be returned to the applicant ((by the department)) if the application is withdrawn, voided or the license is denied.

[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. 07-21-080, 388-76-10070, filed 10/16/07, effective 1/1/08.]

Washington State Code Reviser's Office