WSR 11-21-074

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 18, 2011, 8:20 a.m. , effective October 21, 2011 ]


Effective Date of Rule: October 21, 2011.

Purpose: The department is extending emergency rules (previously filed as WSR 11-14-011) for sections of chapter 388-76 WAC to comply with and be consistent with section 403 of ESHB 1277, Oversight of licensed or certified long-term care settings for vulnerable adults. Section 403 of this new law requires that adult family home license fees be set in the State Omnibus Appropriations Act effective July 1, 2011. The department has taken these steps to adopt the emergency rules as permanent rules: The department has filed an initial public notice (CR-101), WSR 11-13-091 on June 20, 2011. The department has shared drafts of the proposed rules with stakeholders. The department has filed a proposed rule notice (CR-102), WSR 11-18-096 on September 7, 2011, with a public hearing date of October 25, 2011. However, the department needs to file an emergency extension since the permanent rules will not be in effect in time. This emergency rule replaces emergency rules filed as WSR 11-21-030 on October 11, 2011.

Citation of Existing Rules Affected by this Order: Amending WAC 388-76-10025, 388-76-10070, and 388-76-10073.

Statutory Authority for Adoption: RCW 70.128.040.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The legislature has passed ESHB 1277 which requires the license fee to be set in the State Omnibus Appropriations Act effective July 1, 2011. This does not allow the department enough time to adopt rules through the regular rule adoption process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: October 17, 2011.

Katherine I. Vasquez

Rules Coordinator

4306.4
AMENDATORY SECTION(Amending WSR 09-21-075, filed 10/16/09, effective 11/16/09)

WAC 388-76-10025   License annual fee.   (1) The adult family home must pay an annual license fee as ((required in chapter 70.128 RCW)) established in the state omnibus appropriations act and any amendment or additions made to that act.

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

(3) If the home does not pay the fee when due, the department will impose sanctions.

[Statutory Authority: RCW 70.128.040. 09-21-075, 388-76-10025, filed 10/16/09, effective 11/16/09. 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 09-21-075, filed 10/16/09, effective 11/16/09)

WAC 388-76-10070   Application -- Fees required.   (1) The applicant must pay all processing and license fees established ((by chapter 70.128 RCW)) in the state omnibus appropriations act and any amendment or additions made to that act.

(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 license fee will be returned to the applicant if the application is withdrawn, voided or the license is denied.))

[Statutory Authority: RCW 70.128.040. 09-21-075, 388-76-10070, filed 10/16/09, effective 11/16/09. 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.]


AMENDATORY SECTION(Amending WSR 09-21-075, filed 10/16/09, effective 11/16/09)

WAC 388-76-10073   Application--Processing fees required.   The processing fee, required in ((chapter 70.128 RCW)) the state omnibus appropriations act and any amendment or additions made to that act, applies to any application submitted to the department, including but not limited to an application for licensure, change of ownership, or a change of location.

[Statutory Authority: RCW 70.128.040. 09-21-075, 388-76-10073, filed 10/16/09, effective 11/16/09.]

Washington State Code Reviser's Office