WSR 24-03-145
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
[Filed January 23, 2024, 2:58 p.m.]
Subject of Possible Rule Making: Amending radioactive materials licenses and fees. The department of health (department) is considering amending radioactive material licenses and licensees fees to cover operating costs for WAC 246-254-030 Small business discount provision and optional fee payment schedule applicable to radioactive materials licensees, 246-254-070 Fees for specialized radioactive material licenses, 246-254-080 Fees for medical and veterinary radioactive material use, 246-254-090 Fees for industrial radioactive material licenses, 246-254-100 Fees for laboratory radioactive material licenses, and 246-254-120 Fees for licensing and compliance actions. 
The department will consider updating or restructuring existing fees or creating new fees.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.110, 43.70.250, and 70A.388.050.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is required to charge a fee for each operating license issued to radioactive material license holders regulated by the department. The fees must cover the cost of administering a license and enforcing the program.  The department completed an initial assessment of the radioactive materials program and determined the fees are not generating sufficient revenue to cover the costs of the program. The program is also reviewing radioactive materials classifications and will consider updating or restructuring existing fees and will consider new fees for radioactive materials licenses.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Collaborative.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Peter Beaton, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-4031, TTY 711, email peter.beaton@doh.wa.gov, website www.doh.wa.gov; or Earl Fordham, P.O. Box 47820, Olympia, WA 98504-7820, phone 509-628-7628, TTY 711, email earl.fordham@doh.wa.gov, website www.doh.wa.gov.
Additional comments: The department will use a collaborative rule-making approach by keeping interested parties informed of the rule development through email and posting information on the department's rule-making websites. Interested parties will have the opportunity to provide comments throughout the rule-making process and at the public hearing. Please contact Peter Beaton or Earl Fordham to be added to the interested parties list to receive rule-making notices.
January 23, 2024
Kristin Peterson, JD
Chief of Policy
for Umair A. Shah, MD, MPH
Secretary