Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: Facility licensing fees for: WAC 246-329-990 Child birth centers, 246-360-990 Transient accommodations, and 246-380-990 State institutional survey.

     These sections establish licensure fees for the facilities. The fees paid by these facilities support the facilities licensure activities and programs within the department.

     RCW 43.70.250 authorizes the department to charge fees sufficient to cover the full cost of programs operations.

     Hearing Location(s): Point Plaza East, 310 Israel Road S.E., Room 152, Tumwater, WA 98501, on June 7, 2005, at 10:30 a.m.

     Date of Intended Adoption: June 10, 2005.

     Submit Written Comments to: Yvette Fox/Alisa Harris, P.O. Box 47852, Olympia, WA 98504-7852, web site www3.doh.wa.gov/policyreview, fax (360) 236-2901, by June 5, 2005.

     Assistance for Persons with Disabilities: Contact Yvette Fox/Alisa Harris by June 5, 2005, TTY (800) 833-6388, or (360) 236-2928 or (360) 236-2907.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to the current rules increase fees for child birth centers, transient accommodations, and state institutional survey by 2.82% which is allowable within the fiscal growth factor.

     This proposal also allows for an initial applicant to request, prior to licensure, options for withdrawal of an application and refund (for each WAC section). Currently the department has no refund policy for applications that are withdrawn prior to licensure.

     WAC 246-380-990 (1)(a) is changed to update the WAC reference for a food service establishment.

     The purpose of the fee increases is to support the licensure and inspection programs within the Facilities and Services Licensing Division. The fee increases will allow these programs to continue their current level of public health activities such as licensing, surveys and complaint investigations during fiscal year 2006.

     Reasons Supporting Proposal: The department is requesting fee increases by percentages allowable within the fiscal growth factor (consistent with I-601). The fee increases are necessary for the department to fulfill its public health obligation in these programs.

     Statutory Authority for Adoption: RCW 43.70.250, 43.70.110, 18.46.030, 70.62.220, 71.12.470.

     Statute Being Implemented: RCW 43.70.250, 43.70.110.

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

     Name of Proponent: Department of Health, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Gary Bennett, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2900.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 19.85.025(3) and does not require an SBEIS. However, the department prepared fee analyses which provide documentation of the need for the fee increases. To obtain a copy of a fee analysis, contact Yvette Fox or Alisa Harris at P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-2928 or (360) 236-2907, fax (360) 236-2901, e-mail Yvette.fox@doh.wa.gov or alisa.harris@doh.wa.gov.

     A cost-benefit analysis is not required under RCW 34.05.328. Section 201, chapter 403, Laws of 1995 does not apply to rules that set or adjust fees or rates pursuant to procedural rules according to RCW 34.05.328 (5)(a)(i), (c)(i)(B) or (c)(iii).

Mary Selecky

Secretary

OTS-7841.2

AMENDATORY SECTION(Amending WSR 04-19-141, filed 9/22/04, effective 10/23/04)

WAC 246-329-990   Fees.   (1) Childbirth centers licensed under chapter 18.46 RCW shall submit an annual fee of five hundred ((sixty-four)) eighty dollars and ((forty)) thirty cents to the department unless a center is a charitable, nonprofit, or government-operated institution under RCW 18.46.030.

     (2) 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 fees paid by the applicant will be refunded if any of the following applies:

     (i) More than one on-site visit for any purpose has been performed by the department;

     (ii) One year has elapsed since an initial licensure application is received by the department, but no license is issued because applicant failed to complete requirements for licensure; or

     (iii) The amount to be refunded as calculated by (a) or (b) of this subsection is ten dollars or less.

[Statutory Authority: RCW 43.70.250, 18.46.030, 43.70.110, 71.12.470. 04-19-141, § 246-329-990, filed 9/22/04, effective 10/23/04. Statutory Authority: RCW 43.70.250 and 70.38.105(5). 03-22-020, § 246-329-990, filed 10/27/03, effective 11/27/03. Statutory Authority: RCW 43.70.250. 02-13-061, § 246-329-990, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 18.46.030, 43.70.110 and 43.70.250. 01-15-090, § 246-329-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-329-990, filed 12/27/90, effective 1/31/91.]

OTS-8030.1

AMENDATORY SECTION(Amending WSR 05-05-072, filed 2/15/05, effective 3/18/05)

WAC 246-360-990   Fees.   (1) The licensee or applicant must submit:

     (a) An annual fee according to the following schedule:

NUMBER OF LODGING UNITS				FEE
3	-	10		$ ((154.50)) 158.80
11	-	49		$ ((307.10)) 315.70
50	-	over		$ ((618.20)) 635.60

     (b) A late fee of ((fifty-one)) fifty-two dollars and ((fifty)) ninety 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 fee of ((fifty-one)) fifty-two dollars and ((fifty)) ninety cents for an amended license due to changing the number of lodging units or the name of the transient accommodation.

     (2) The department shall refund fees ((only when all the following conditions are met:

     (a) A prospective new owner applies for initial licensure prior to taking ownership as required by WAC 246-360-020;

     (b) Transfer of ownership is not finalized;

     (c) The applicant requests a refund in writing; and

     (d) The department receives the fee and the request for refund in the same biennium)) 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 fees paid by the applicant will be refunded if any of the following applies:

     (i) More than one on-site visit for any purpose has been performed by the department;

     (ii) One year has elapsed since an initial licensure application is received by the department, but no license is issued because applicant failed to complete requirements for licensure; or

     (iii) The amount to be refunded as calculated by (a) or (b) of this subsection is ten dollars or less.

[Statutory Authority: RCW 70.62.260. 05-05-072, § 246-360-990, filed 2/15/05, effective 3/18/05. Statutory Authority: RCW 43.70.250, 18.46.030, 43.70.110, 71.12.470. 04-19-141, § 246-360-990, filed 9/22/04, effective 10/23/04. Statutory Authority: RCW 43.70.250 and 2002 c 371. 02-18-115, § 246-360-990, filed 9/4/02, effective 10/5/02. Statutory Authority: RCW 70.62.220, 43.70.110 and 43.70.250. 01-15-093, § 246-360-990, filed 7/18/01, effective 8/18/01; 99-23-015, § 246-360-990, filed 11/5/99, effective 12/6/99. Statutory Authority: RCW 43.70.110 and 43.70.250. 94-21-016, § 246-360-990, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 70.62.220, 70.62.230 and 43.70.250. 92-21-089 (Order 312), § 246-360-990, filed 10/21/92, effective 11/21/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-360-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-17-045 (Order 2524), § 440-44-075, filed 8/17/87; 85-12-029 (Order 2236), § 440-44-075, filed 5/31/85. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), § 440-44-075, filed 6/4/82.]

OTS-7843.3

AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

WAC 246-380-990   Fees.   An annual health and sanitation survey fee for community colleges, ferries, and other state of Washington institutions and facilities shall be assessed as follows:

				Annual Fee Per Facility
(1) Food Service
(a)		As defined in WAC ((246-215-009)) 246-215-011(12) food service establishments or concessions in community colleges, ferries, or any other state of Washington facility preparing potentially hazardous foods. This shall include dockside food establishments directly providing food for the Washington state ferry system.			$((567.60)) 583.60
(b)		Food service establishments or concessions that do not prepare potentially hazardous foods.			$((284.80)) 292.80
(c)		The health and sanitation survey fee referenced in subsection (a) and (b) of this section may be waived provided there is an agreement between the department of health and the local jurisdictional health agency for the local health agency to conduct the food service establishments surveys.
(2) State institutions or facilities.
(a)		Institutions or facilities operating a food service: The annual fee shall be nine dollars times the population count plus five hundred ((sixty-seven)) eighty-three dollars and sixty cents. The population count shall mean the average daily population for the past twelve months (January through December).
(b)		Institutions or facilities that do not operate a food service: The annual fee shall be nine dollars and twenty-five cents times the population count.
(c)		The population count for a new institution shall mean the average projected daily population for the first twelve months of operation.
(3) 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 fees paid by the applicant will be refunded if any of the following applies:
(i)		More than one on-site visit for any purpose has been performed by the department;
(ii)		One year has elapsed since an initial licensure application is received by the department, but no license is issued because applicant failed to complete requirements for licensure; or
(iii)		The amount to be refunded as calculated by (a) or (b) of this subsection is ten dollars or less.

[Statutory Authority: RCW 43.70.250 and 70.38.105(5). 03-22-020, § 246-380-990, filed 10/27/03, effective 11/27/03. Statutory Authority: RCW 43.70.250 and 2002 c 371. 02-20-040, § 246-380-990, filed 9/24/02, effective 11/1/02. Statutory Authority: RCW 43.20B.020. 91-21-075 (Order 204), § 246-380-990, filed 10/18/91, effective 11/18/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-380-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-14-066 (Order 2493), § 440-44-076, filed 7/1/87; 85-13-007 (Order 2238), § 440-44-076, filed 6/7/85.]

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