WSR 17-20-049
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed September 29, 2017, 9:46 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-360-990 Transient accommodations fee increase.
Hearing Location(s): On November 16, 2017, at 10:30 a.m., at the Department of Health, Town Center 2, Room 158, 111 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: November 20, 2017.
Submit Written Comments to: Peter Beaton, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, by November 16, 2017.
Assistance for Persons with Disabilities: Contact Chelsea Moore, phone 360-236-3370, TTY 360-833-6388 or 711, email Chelsea.Moore@doh.wa.gov, by November 13, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal increases fees for all transient accommodations by 29.3 percent. The department of health completed an economic impact analysis that examined the transient accommodation program's revenues and expenses to determine the amount of the increase.
Reasons Supporting Proposal: The program is not generating sufficient revenue to cover the cost of operating the program. The proposed fee increase is necessary to cover the cost of operating the program.
Statutory Authority for Adoption: RCW 70.62.220, 43.70.250, 43.70.110.
Statute Being Implemented: RCW 70.62.220, 43.70.250, 43.70.110.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Peter Beaton, 111 Isreal [Israel] Road S.E., Tumwater, WA 98501, 360-236-4031; Implementation and Enforcement: Kimberly Moore, 243 Isreal [Israel] Road S.E., Tumwater, WA 98501, 360-236-3366.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
September 28, 2017
Clark Halvorson
Assistant Secretary
AMENDATORY SECTION (Amending WSR 06-21-108, filed 10/17/06, effective 11/17/06)
WAC 246-360-990 Fees.
(1) ((The)) To apply for a transient accommodation initial license or to renew an annual license, an applicant or licensee ((or applicant)) must submit((:
(a))) an initial or annual license renewal fee according to the following schedule:
NUMBER OF LODGING UNITS
FEE
3
-
10
$((164.10)) 212.00
11
-
49
$((326.30)) 422.00
50
-
over
$((657.00)) 849.00
(((b) A)) (2) If the department does not receive the license renewal application and fee on or before the expiration date, a licensee must submit an additional late fee of ((fifty-four dollars and sixty cents, in addition to the full license renewal fee, if the full license renewal fee is not received by the department on the expiration date (see RCW 70.62.260);
(c) An additional)) seventy dollars.
(3) If the licensee notifies the department of a change in the number of lodging units or the name of the transient accommodation in accordance with WAC 246-360-020(9), the licensee must submit an amended license fee of ((fifty-four dollars and sixty cents for an amended license due to changing the number of lodging units or the name of the transient accommodation.
(2))) seventy dollars.
(4) The department shall refund fees paid by the applicant for initial licensure as follows:
(a) If an application has been received but no on-site survey or technical assistance has been performed by the department, two-thirds of the fees paid, less a fifty dollar processing fee.
(b) If an application has been received and an on-site survey or technical assistance has been performed by the department, one-third of the fees paid, less a fifty dollar processing fee.
(((c) No)) (5) The department will not refund fees paid by the applicant ((will be refunded)) if any of the following applies:
(((i))) (a) More than one on-site visit for any purpose has been performed by the department;
(((ii))) (b) One year has elapsed since an initial licensure application is received by the department, but no license is issued because the applicant failed to complete the requirements for licensure; or
(((iii))) (c) The amount to be refunded as calculated by (a) or (b) of this subsection is ten dollars or less.