WSR 23-07-115

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed March 21, 2023, 9:49 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 23-03-102.

Title of Rule and Other Identifying Information: WAC 308-33-105 Employment agency fees.

Hearing Location(s): On April 25, 2023, at 11:00 a.m., join Zoom meeting https://dol-wa.zoom.us/j/83302820057?pwd=Y2NXNldza0dMTUlyL2dtS0phS3Uydz09, Meeting ID 833 0282 0057, Passcode 557119; One-tap mobile +12532158782,,83302820057#,,,,*557119# US (Tacoma), +12532050468,,83302820057#,,,,*557119# US; dial by your location +1 253 215 8782 US (Tacoma), Meeting ID 833 0282 0057, Passcode 557119. Find your local number https://dol-wa.zoom.us/u/kOo48CXcs. If you are having difficulty joining the Zoom meeting at the time of the public hearing, please call 360-902-3846. An in-person option is available at Highways-Licenses Building, 1125 Washington Street S.E., Olympia, WA 98504.

Date of Intended Adoption: April 26, 2023.

Submit Written Comments to: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98504, email rulescoordinator@dol.wa.gov, by April 25, 2023.

Assistance for Persons with Disabilities: Contact Ellis Starrett, phone 360-902-3846, email rulescoordinator@dol.wa.gov, by April 17, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is required to set fees for each professional, occupational, or business licensing program at a sufficient level to defray the costs of administering that program.

Reasons Supporting Proposal: Current fees are insufficient to sustain this program. The department is considering fee increases that would go into effect in summer 2023. This is part of a larger fee increase project which had been proposed to go into effect fall of 2022.

Statutory Authority for Adoption: RCW 43.24.086 Fee policy for professions, occupations, and businesses—Determination by rule, and 46.01.110 Rule-making authority.

Statute Being Implemented: RCW 43.24.086 Fee policy for professions, occupations, and businesses—Determination by rule.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Not applicable.

Name of Proponent: The department is proposing this rule change in order to fund the administration of employment agency licensing [department of licensing], governmental.

Name of Agency Personnel Responsible for Drafting: Lorin Doyle; Implementation: Kathrine McDaniel; and Enforcement: Vanessa Simpson.

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.

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 rule content is explicitly and specifically dictated by statute; and 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.

Scope of exemption for rule proposal:

Is fully exempt.

March 21, 2023

Ellis Starrett

Rules and Policy Manager

OTS-3953.1