WSR 98-17-035

PROPOSED RULES

DEPARTMENT OF LICENSING

(Board of Funeral Directors and Embalmers)

[Filed August 12, 1998, 11:44 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-10-087.

Title of Rule: Funeral establishments and crematories, license expiration.

Purpose: To change the annual license expiration dates of funeral establishments, branch funeral establishments, and crematories from June 30 to January 31; and to change the period for which crematory license renewal fees are determined from "June 1 to May 31" to "previous calendar year."

Statutory Authority for Adoption: RCW 18.39.175(4).

Statute Being Implemented: Chapter 18.39 RCW.

Reasons Supporting Proposal: Currently, there is a significant number of renewal documents which are mailed in one fiscal year, i.e., before June 30, but are received by the department in the next fiscal year, July 1 or later. The number of late receipts varies from year to year making it difficult for the department to accurately predict the revenue for a fiscal year. A change to January 31 will permit accurate tracking and estimation of these revenues.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jon Donnellan, Department of Licensing, 405 Black Lake Boulevard, Olympia, (360) 586-4905.

Name of Proponent: Board of Funeral Directors and Embalmers, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: Changes annual renewal dates for funeral establishment, branch funeral establishment, and crematory licenses from June 30 to January 31, and changes the period for which crematory license renewal fees are determined. This proposal also repeals WAC 308-48-790 which is duplicative.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Board of Funeral Directors and Embalmers has determined there is no impact on small business as a result of this rule.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Holiday Inn - Renton Ballroom "A", One South Grady Way, Renton, WA 98055, on October 1, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jon Donnellan by telephone, TDD (360) 586-2788, or (360) 586-4905.

Submit Written Comments to: Jon Donnellan, Administrator, Funeral and Cemetery Unit, P.O. Box 9012, Olympia, WA 98507-9012, fax (360) 664-2550.

Date of Intended Adoption: October 1, 1998.

Jon Donnellan

Administrator

OTS-2366.1

AMENDATORY SECTION (Amending Order PL 273, filed 8/1/77)

WAC 308-48-185  Funeral establishments and crematories--License expiration. Funeral establishment, branch funeral establishment, and crematory licenses issued pursuant to chapter 18.39 RCW, as now or hereafter amended, shall expire annually on ((June 30)) January 31.

[Order PL 273, § 308-48-185, filed 8/1/77.]

AMENDATORY SECTION (Amending WSR 91-11-023, filed 5/7/91, effective 6/7/91)

WAC 308-48-800  Funeral director/embalmer fees. The following fees shall be charged by the professional licensing division of the department of licensing:

[Statutory Authority: RCW 18.39.175(4). 91-11-023, § 308-48-800, filed 5/7/91, effective 6/7/91; 91-01-006, § 308-48-800, filed 12/6/90, effective 1/6/91. Statutory Authority: RCW 43.24.086. 90-07-024, § 308-48-800, filed 3/14/90, effective 4/14/90; 87-10-028 (Order PM 650), § 308-48-800, filed 5/1/87.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 308-48-790 Crematory endorsements--Registration--Expiration.

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