WSR 14-12-049 PERMANENT RULES DEPARTMENT OF HEALTH [Filed May 30, 2014, 7:07 a.m., effective July 1, 2014] Effective Date of Rule: July 1, 2014.
Purpose: WAC 246-358-990 and 246-361-990, adopting reduced licensing fees for the temporary worker housing (TWH) program. The amended rules include a new fee structure and are comprised of a $50 administrative fee charged to all licensed TWH operators, plus a $4 per occupant fee for the maximum number of migrant farm workers living in the TWH during the operating season.
Citation of Existing Rules Affected by this Order: Amending WAC 246-358-990 and 246-361-990.
Statutory Authority for Adoption: RCW 43.70.340.
Other Authority: Chapter 70.114A RCW; section 219(32), chapter 7, Laws of 2012 2nd sp. sess.
Adopted under notice filed as WSR 14-07-068 on March 17, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: May 23, 2014.
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 11-13-124, filed 6/22/11, effective 7/23/11)
WAC 246-358-990 Fees.
(1) ((License)) Licensing fee. ((The license fee covers initial licenses and renewals, and includes on-site surveys. An operator must submit to the department an annual license fee for)) An operator shall submit to the department of health a licensing fee according to Table 1 of this section prior to the department of health issuing a temporary worker housing (TWH) operating license. Except as provided in subsection (2) of this section, the licensing fee consists of two portions:
(a) An administrative portion according to Table 1 of this section; and
(b) A facility portion, based on the maximum occupancy of the TWH, according to Table 1 of this section. For purposes of ((licensing)) this section, maximum occupancy is the ((total)) greatest number of occupants that ((the amount of space and fixtures of the temporary worker housing (TWH) can support)) reside in the TWH during the calendar year.
(2) ((Technical assistance fee. An operator may be charged for each technical assistance visit conducted by the department when requested or approved by the operator or their designee. This fee will be charged according to WAC 246-359-990 Table 1, Part G.)) Minimum licensing fee. The minimum licensing fee is ninety dollars.
(3) Late fees. The department of health may charge a late fee ((may be charged)) according to Table 1 of this section in addition to the licensing fee when:
(a) ((The initial)) For a new license, the application and licensing fee((, as required by WAC 246-358-025(2),)) are not received by the department of health at least forty-five days prior to the new TWH opening operation date;
(b) ((The renewal)) For a previously licensed TWH, the application and licensing fee((, as required by WAC 246-358-025(2),)) are not received by the department of health by February twenty-eighth of the year the operator intends to operate the TWH ((renewal due date)).
(4) ((TWH civil fine. An operator may be assessed a civil fine for failure or refusal to obtain a license prior to occupancy of TWH. Civil fines for TWH are provided for in RCW 43.70.335.
(5))) Refunds.
(a) The department of health will refund fees paid by the operator if:
(i) The operator submits a written request to the department of health for a refund; and
(ii) The operator provides documentation to the department of health that the ((housing)) TWH was not occupied during the license period.
(b) The department of health will refund two-thirds of the licensing fees paid, less a fifty dollar processing fee, if an application has been received but no preoccupancy ((survey)) inspection has been performed by the department of health.
(c) The department of health will refund one-third of the licensing fees paid, less a fifty dollar processing fee, if an application has been received and a preoccupancy ((survey)) inspection has been performed by the department of health.
(d) The department of health will not refund applicant licensing fees under the following conditions:
(i) The department of health has performed more than one on-site ((survey)) inspection for any purpose; or
(ii) One year has elapsed since a license application was received by the department of health, but no license was issued because the applicant failed to complete requirements for licensure.
(5) Technical assistance fee. The department of health may charge an operator for each technical assistance visit conducted by the department of health when requested or approved by the operator or their designee. This fee will be charged according to WAC 246-359-990, Table 1.
(6) TWH civil fine. The department of health may assess an operator a civil fine according to RCW 43.70.335.
Table 1
Fees, Regular Temporary Worker Housing
AMENDATORY SECTION (Amending WSR 11-13-124, filed 6/22/11, effective 7/23/11)
WAC 246-361-990 Fees for cherry harvest camps.
(1) ((License)) Licensing fee. ((The license fee covers initial licenses and renewals, and includes on-site surveys. An operator must submit to the department an annual license fee for)) An operator shall submit to the department of health a licensing fee according to Table 1 of this section prior to the department of health issuing a temporary worker housing (TWH) operating license. Except as provided in subsection (2) of this section, the licensing fee consists of two portions:
(a) An administrative portion according to Table 1 of this section; and
(b) A facility portion, based on the maximum occupancy of the TWH, according to Table 1 of this section. For purposes of ((licensing)) this section, maximum occupancy is the ((total)) greatest number of occupants that ((the amount of space and fixtures of the temporary worker housing (TWH) can support)) reside in the TWH during the calendar year.
(2) ((Technical assistance fee. An operator may be charged for each technical assistance visit conducted by the department when requested or approved by the operator or their designee. This fee will be charged according to WAC 246-359-990 Table 1, Part G.)) Minimum licensing fee. The minimum licensing fee is ninety dollars.
(3) Late fees. The department of health may charge a late fee ((may be charged)) according to Table 1 of this section in addition to the licensing fee when:
(a) For a new license, the initial application and licensing fee((, as required by WAC 246-361-025(2),)) are not received by the department of health at least forty-five days prior to the new TWH opening operation date;
(b) ((The renewal)) For a previously licensed TWH, the application and licensing fee((, as required by WAC 246-361-025(2),)) are not received by the department ((by the TWH renewal due date)) of health by February twenty-eighth of the year the operator intends to operate the TWH.
(4) ((TWH civil fine. An operator may be assessed a civil fine for failure or refusal to obtain a license prior to occupancy of TWH. Civil fines for TWH are provided for in RCW 43.70.335.
(5))) Refunds.
(a) The department of health will refund fees paid by the operator if:
(i) The operator submits a written request to the department of health for a refund; and
(ii) The operator provides documentation to the department of health that the ((housing)) TWH was not occupied during the license period.
(b) The department of health will refund two-thirds of the licensing fees paid, less a fifty dollar processing fee, if an application has been received but no preoccupancy ((survey)) inspection has been performed by the department of health.
(c) The department of health will refund one-third of the licensing fees paid, less a fifty dollar processing fee, if an application has been received and a preoccupancy ((survey)) inspection has been performed by the department of health.
(d) The department of health will not refund applicant licensing fees under the following conditions:
(i) The department of health has performed more than one on-site ((survey)) inspection for any purpose; or
(ii) One year has elapsed since a license application was received by the department of health, but no license was issued because the applicant failed to complete requirements for licensure.
(5) Technical assistance fee. The department of health may charge an operator for each technical assistance visit conducted by the department of health when requested or approved by the operator or their designee. This fee will be charged according to WAC 246-359-990, Table 1.
(6) TWH civil fine. The department of health may assess an operator a civil fine according to RCW 43.70.335.
Table 1
Fees, Cherry Harvest Camps
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