S-4507.1 _______________________________________________
SUBSTITUTE SENATE BILL 6544
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State of Washington 57th Legislature 2002 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senator Brown; by request of Department of Social and Health Services)
READ FIRST TIME 03/07/2002.
AN ACT Relating to licensing fees for adult family homes; and amending RCW 70.128.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.128.060 and 2001 c 193 s 9 are each amended to read as follows:
(1) An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires.
(2) The department shall issue a license to an adult family home if the department finds that the applicant and the home are in compliance with this chapter and the rules adopted under this chapter, unless (a) the applicant has prior violations of this chapter relating to the adult family home subject to the application or any other adult family home, or of any other law regulating residential care facilities within the past five years that resulted in revocation or nonrenewal of a license; or (b) the applicant has a history of significant noncompliance with federal, state, or local laws, rules, or regulations relating to the provision of care or services to vulnerable adults or to children.
(3) The license fee shall be submitted with the application.
(4) The department shall serve upon the applicant a copy of the decision granting or denying an application for a license. An applicant shall have the right to contest denial of his or her application for a license as provided in chapter 34.05 RCW by requesting a hearing in writing within twenty-eight days after receipt of the notice of denial.
(5) The department shall not issue a license to a provider if the department finds that the provider or any partner, officer, director, managerial employee, or owner of five percent or more if the provider has a history of significant noncompliance with federal or state regulations, rules, or laws in providing care or services to vulnerable adults or to children.
(6) The department shall license an adult family home for the maximum level of care that the adult family home may provide. The department shall define, in rule, license levels based upon the education, training, and caregiving experience of the licensed provider or staff.
(7) The department shall establish, by rule, standards used to license nonresident providers and multiple facility operators.
(8) The department shall establish, by rule, for multiple facility operators educational standards substantially equivalent to recognized national certification standards for residential care administrators.
(9) ((The license
fee shall be set at fifty dollars per year for each home. A fifty dollar
processing fee shall also be charged each home when the home is initially
licensed)) The department shall establish licensing fees by rule at an
amount consistent with the adult family home licensing expenditures and
revenues authorized in the biennial appropriations act.
(10) A provider who receives notification of the department's initiation of a denial, suspension, nonrenewal, or revocation of an adult family home license may, in lieu of appealing the department's action, surrender or relinquish the license. The department shall not issue a new license to or contract with the provider, for the purposes of providing care to vulnerable adults or children, for a period of twenty years following the surrendering or relinquishment of the former license. The licensing record shall indicate that the provider relinquished or surrendered the license, without admitting the violations, after receiving notice of the department's initiation of a denial, suspension, nonrenewal, or revocation of a license.
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