WSR 09-18-118

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 2, 2009, 9:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-14-071.

Title of Rule and Other Identifying Information: The department intends to amend WAC 388-76-10025 License annual fee and 388-76-10070 Application -- Fee required. The department intends to add one new section WAC 388-76-10073 Application -- Processing fees required.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on October 6, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 7, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on October 6, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 22, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Recently enacted 2SHB 1935 increased the application processing and yearly license fees for adult family home applicants and providers. The new fees had to be implemented by July 26, 2009, via emergency. The impact of the proposed rule is to make the rule clearer, easier to read, understand, and apply.

Statutory Authority for Adoption: RCW 70.128.040.

Statute Being Implemented: Chapter 70.128 RCW.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Maureen Lally, P.O. Box 45600, Olympia, WA 98513, (360) 725-3204; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.

No small business economic impact statement has been prepared under chapter 19.85 RCW. We are not required under RCW 19.85.025(3) to prepare a small business economic impact statement for rules adopting or incorporating Washington state statutes.

A cost-benefit analysis is not required under RCW 34.05.328. We are not required under RCW 34.05.328 (5)(b) to prepare a cost-benefit analysis since the proposed significant legislative rules adopt or incorporate, by reference without material change, Washington state statutes.

August 28, 2009

Stephanie E. Vaughn

Rules Coordinator

4120.2
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, 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.]


NEW SECTION
WAC 388-76-10073   Application--Processing fees required.   The processing fee, required in chapter 70.128 RCW, applies to any application submitted to the department, including but not limited to an application for initial licensure, change of ownership, or a change of location.

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Washington State Code Reviser's Office