WSR 10-18-095



(Aging and Disability Services Administration)

[ Filed September 1, 2010, 8:52 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-09-107.

Title of Rule and Other Identifying Information: The department is amending WAC 388-78A-3230 Fees.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at

or by calling (360) 664-6094), on October 5, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 6, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on October 5, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 22, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ESSB 6444, section 206, supplemental operating budget (chapter 37, Laws of 2010 1st sp. sess.). Under chapter 37, Laws of 2010, the department must increase the yearly license fee for licensed boarding homes from $79 per bed to $106 per bed effective July 1, 2010.

Reasons Supporting Proposal: Chapter 37, Laws of 2010 1st sp. sess.

Statutory Authority for Adoption: Chapter 37, Laws of 2010 1st sp. sess.

Statute Being Implemented: Chapter 37, Laws of 2010 1st sp. sess.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Patricia Hague, Mailstop 45600, (360) 725-2447; Implementation and Enforcement: Joyce Stockwell, Mailstop 45600, (360) 725-2401.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 34.05.328, the rules proposed for permanent adoption are significant legislative rules. Under RCW 34.05.328 (5)(b)(vi), the department is exempt from preparing a cost-benefit analysis (CBA). Significant legislative rules that set or adjust fees or rates pursuant to legislative standards do not require a CBA.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 19.85.025(3), the department is not required to complete a small business economic impact statement for rules that set or adjust fees or rates pursuant to legislative standards (RCW 34.05.310 (4)(f)).

August 18, 2010

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 04-16-065, filed 7/30/04, effective 9/1/04)

WAC 388-78A-3230   Fees.   The boarding home must:

(1) Submit an annual license fee of ((seventy-nine)) one hundred six dollars per bed of the licensed resident bed capacity as determined by and in accordance with RCW 18.20.050;

(2) Submit an additional one hundred fifty dollars when billed by the department for:

(a) A third on-site visit required by the boarding home's failure to adequately correct problems identified in a statement of deficiencies; and

(b) A full out-of-sequence inspection resulting from information gathered during a complaint investigation.

(3) Submit an additional late fee in the amount of ten dollars per day from the license renewal date until the date of mailing the fee, as evidenced by the postmark; and

(4) Submit to construction review services a fee for the review of the construction documents per the review fee schedule that is based on the project cost.

[Statutory Authority: RCW 18.20.090 (2004 c 142 19) and chapter 18.20 RCW. 04-16-065, 388-78A-3230, filed 7/30/04, effective 9/1/04.]

Washington State Code Reviser's Office