Effective Date of Rule: Thirty-one days after filing.

     Purpose: The amendment revises the fee structure for illegal drug manufacturing and storage sites (aka clandestine drug lab) certifications for contractors, workers, supervisors, and training providers. The fees support the department of health (DOH) activities to assure training course providers, contractors and their staff demonstrate essential skills and knowledge necessary for the cleanup of illegal drug labs or storage sites.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-205-990.

     Statutory Authority for Adoption: RCW 43.70.250 and 64.44.060.

      Adopted under notice filed as WSR 06-12-114 on June 7, 2006.

     Changes Other than Editing from Proposed to Adopted Version: Changes were made in response to comments received:

•	The renewal fee for training providers was reduced from $1000 to $750 per year. The initial fee was retained at $1000.
•	The fee for annual refresher training was dropped. Fees will not be charged for this DOH-sponsored activity.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: August 1, 2006.

M. C. Selecky

Secretary

OTS-8801.3

AMENDATORY SECTION(Amending WSR 03-13-123, filed 6/18/03, effective 7/19/03)

WAC 246-205-990   Fees.   (1) The department ((shall)) charges the following fees for ((issuance)) issuing and ((renewal of)) renewing certificates. ((The department shall set the fees by rule.))

     (2) The fees ((shall)) must cover the cost of issuing certificates, filing papers and notices, and administering this chapter. The costs ((shall)) include reproduction, travel, per diem, and administrative and legal support costs.

     (3) Fees are nonrefundable and ((shall be in the form of)) must be paid by check or money order made payable to the department.

     (4) ((The department shall require payment of)) An applicant must pay the following fees ((upon receipt of)) when submitting an application:

     (a) ((Twenty-eight dollars shall be assessed)) $100 for each initial, renewal, or reciprocal worker certificate application.

     (b) ((Twenty-eight dollars shall be assessed)) $200 for each initial, renewal, or reciprocal supervisor certificate application.

     (c) ((Five hundred seventy dollars shall be assessed)) $1,125 for each initial, renewal, or reciprocal authorized contractor certificate application. The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under ((the provisions of)) chapter 18.27 RCW.

     (d) ((Two hundred seventeen dollars shall be assessed)) $1,000 for each initial application and $750 for each renewal application ((and fifty-two dollars shall be assessed for each renewal application for illegal drug manufacturing or storage site decontamination training course approval)) for training provider certification for the worker drug lab decontamination course.

     (e) $1,000 for each initial application and $750 for each renewal application for training provider certification for the supervisor drug lab decontamination course.

     (f) To be certified as a training provider for the refresher training course, applicants must be certified as a training provider for the worker and supervisor courses. There is no fee for application as a training provider for the refresher training course.

[Statutory Authority: RCW 43.70.250 and 43.70.110. 03-13-123, § 246-205-990, filed 6/18/03, effective 7/19/03. Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, § 246-205-990, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-205-990, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-205-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW. 91-04-007 (Order 125SB), § 246-205-990, filed 1/24/91, effective 4/1/91.]

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