WSR 10-19-138

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 22, 2010, 9:08 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 98-70-010 Cemetery fees.

     Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard, Conference Room 2209, Olympia, WA 98502, on November 5, 2010, at 2:00 p.m.

     Date of Intended Adoption: November 12, 2010.

     Submit Written Comments to: Kezia Prater, P.O. Box 9012, Olympia, WA 98507, e-mail funerals@dol.wa.gov, fax (360) 570-7098, by November 5, 2010.

     Assistance for Persons with Disabilities: Contact Erica Hansen by November 4, 2010, TTY (360) 664-8885 or (360) 664-6597.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change will increase license fees in order to maintain a balanced budget for the cemetery licensing program.

     Reasons Supporting Proposal: The proposed rule change will allow sufficient revenue collection to support the program in accordance with RCW 43.24.086.

     Statutory Authority for Adoption: RCW 18.39.050.

     Statute Being Implemented: RCW 43.24.086.

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

     Name of Proponent: Department of licensing, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Sherri Lonsbery, Olympia, (360) 664-1576; and Enforcement: Joe Vincent Jr., Olympia, (360) 664-1386.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Department of licensing is exempt from this requirement.

     A cost-benefit analysis is not required under RCW 34.05.328. Department of licensing is not one of the named agencies to which this rule applies. Agencies not named can apply this rule to themselves voluntarily. Department of licensing has chosen not to do this.

September 22, 2010

Walt Fahrer

Rules Coordinator

OTS-3639.1


AMENDATORY SECTION(Amending WSR 09-17-115, filed 8/18/09, effective 9/18/09)

WAC 98-70-010   Fees.   The following fees shall be charged by the professional licensing division of the department of licensing:


Title of Fee Fee
Certificate of authority
Application $300.00
Renewal $6.20
Charge per each interment, entombment and inurnment during preceding calendar year
Crematory license/endorsement
Application $210.00
Renewal $((6.50))

8.00

((Charge per cremation performed during the preceding calendar year))
Crematory endorsement renewal
Charge per cremation performed during previous calendar year:
Charge per cremation performed before 1/1/2011. $6.50
Charge per cremation performed on or after 1/1/2011. $8.00
Prearrangement sales license
Application $250.00
Renewal $((200.00)) 225.00
Exemption from prearrangement sales license
Application $70.00
Renewal $35.00
Cremated remains disposition permit or endorsement
Application $70.00
Renewal $35.00

[Statutory Authority: RCW 68.05.205 and 43.24.086. 09-17-115, § 98-70-010, filed 8/18/09, effective 9/18/09. Statutory Authority: RCW 68.05.105 and chapter 34.05 RCW. 07-11-088, § 98-70-010, filed 5/15/07, effective 6/15/07. Statutory Authority: RCW 68.05.205, 68.05.225, and 43.24.086. 03-11-020, § 98-70-010, filed 5/12/03, effective 6/30/03; 99-16-079, § 98-70-010, filed 8/3/99, effective 9/3/99; 98-19-053, § 98-70-010, filed 9/15/98, effective 10/16/98. Statutory Authority: RCW 68.05.105. 97-23-010, § 98-70-010, filed 11/7/97, effective 12/8/97. Statutory Authority: RCW 68.05.100. 94-01-117, § 98-70-010, filed 12/17/93, effective 1/17/94; 93-07-041, § 98-70-010, filed 3/12/93, effective 4/12/93. Statutory Authority: RCW 68.05.215. 89-06-074 (Order PM 816), § 98-70-010, filed 3/1/89. Statutory Authority: RCW 68.05.100 as amended by 1985 c 402 § 8. 85-19-012 (Order 108), § 98-70-010, filed 9/6/85. Statutory Authority: RCW 68.05.100 and 68.05.230. 83-24-010 (Order 107), § 98-70-010, filed 11/29/83. Statutory Authority: RCW 68.05.100, 68.05.230 and 68.46.180. 81-24-026 (Order 105), § 98-70-010, filed 11/24/81.]

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