Purpose: This rule change implements a within I-601 fee increase for 2.82% and allows an initial applicant the ability to request, prior to licensure, options for withdrawal of an application and a refund for WAC 246-337-990 Residential treatment facilities. The fee increase will allow the residential treatment facility program to continue their current level of public health activities such as licensing, surveys and complaint investigations during fiscal year 2006.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-337-990.

     Statutory Authority for Adoption: RCW 43.70.250.

      Adopted under notice filed as WSR 05-19-052 on September 15, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: November 14, 2005.

M. C. Selecky

Secretary

OTS-8264.2

AMENDATORY SECTION(Amending WSR 05-15-157, filed 7/20/05, effective 8/20/05)

WAC 246-337-990   Licensing fees.   A licensee must submit the following fees to the department:

FEE TYPE	AMOUNT
Administrative processing/ initial application fee	$150.00
License bed fee (per bed)	$((136.10)) 139.90
Annual renewal fee (per bed)	$((136.10)) 139.90
Late fee (per bed)	$25.00 (up to $500.00)
Follow-up compliance survey fee or a complete on-site survey fee resulting from a substantiated complaint	$1000.00

     ((If a written request is submitted for withdrawal after the department has begun the licensure review process, but before licensure, the department may refund any portion of the fees not consumed by departmental action taken prior to the request for withdrawal.)) (1) The department shall refund fees paid by the applicant for initial licensure if:

     (a) The department has received an application but has not conducted an on-site survey or provided technical assistance. The department shall refund two-thirds of the fees paid, less a fifty dollar processing fee;

     (b) The department has received an application and has conducted an on-site survey or provided technical assistance. The department shall refund one-third of the fees paid, less a fifty dollar processing fee.

     (2) The department will not refund fees paid by the applicant if:

     (a) The department has conducted more than one on-site visit for any purpose;

     (b) One year has elapsed since the department received an initial licensure application, and the department has not issued a license because the applicant failed to complete requirements for licensure; or

     (c) The amount to be refunded as calculated by subsection (1)(a) or (b) of this section is ten dollars or less.

[Statutory Authority: Chapter 71.12 RCW. 05-15-157, § 246-337-990, filed 7/20/05, effective 8/20/05.]