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

     Purpose: WAC 246-358-990 and 246-361-990 increases licensing fees for temporary worker housing and cherry harvest camps. The rules are in response to ESSB 6444 (chapter 37, Laws of 2010), which reduced general fund state dollars for the temporary worker housing program and authorized the department to raise fees in fiscal year 2011 as necessary to meet the actual costs of conducting business.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-358-990 and 246-361-990.

     Statutory Authority for Adoption: RCW 43.70.340, ESSB 6444 (chapter 37, Laws of 2010).

      Adopted under notice filed as WSR 11-07-089 on March 22, 2011.

     Changes Other than Editing from Proposed to Adopted Version: In response to stakeholder input, the department decreased the proposed licensing fee from $11.00 to $9.00 per occupant. Language was also added to clarify that the license fee covers initial licenses, renewals, and on-site surveys.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: June 22, 2011.

Mary C. Selecky

Secretary

OTS-3838.5

AMENDATORY SECTION(Amending WSR 99-24-095, filed 11/30/99, effective 12/31/99)

WAC 246-358-990   Fees.   (((1) License fees. An operator must submit to the department a license fee of twenty-five dollars and an on-site survey fee as specified in Table 990.))

Note:

A separate on-site survey fee will be charged for each housing site owned or managed by an operator which is more than thirty minutes or twenty-five miles apart.

     (2) Self-survey program fee. An operator who meets the self-survey program requirements of WAC 246-358-027 must pay:

     (a) An annual licensing fee, according to Table 990; and

     (b) An on-site survey fee every third year.

     (3) Follow-up surveys. An operator will be charged an additional on-site survey fee for any follow-up surveys, when the department determines additional on-site surveys are necessary to confirm compliance with this chapter.

     (4) Complaint investigation fees. An operator will be charged for each on-site survey conducted by the department when a complaint investigation results in the complaint being found valid. This fee will be charged according to Table 990 for on-site survey.

     (5) Water test fees. An operator who cannot provide written proof that the water system serving the camp is in compliance with WAC 246-358-055 at the time of survey will be:

     (a) Directly billed for the cost of each required water sample collected by department staff;

     (b) Cited for noncompliance with WAC 246-358-055; and

     (c) If substantiated, cited for operating an unlicensed camp.

     (6) Late fees. An operator who does not submit the fee and application as required by WAC 246-358-025, Licensing, may be charged a late fee of one-half the cost of the license fee. If the license fee and the application are not received by the time of the preoccupancy survey, an additional late fee of one-half the cost of the license fee may be charged. If the fee and application are not received within ten days of the preoccupancy survey the TWH may be considered unlicensed and subject to fines according to WAC 246-358-900.

     (7) Refunds. The license and on-site survey fee may be refunded when the operator submits:

     (a) A written request to the department; and

     (b) Provides documentation that the housing was not occupied during the license period.

Table 990

((Number of Units or Occupants Whichever is Greater	On-Site Survey Fee (Includes: Initial, Annual Licensing, Follow-Up, and Complaint Investigation Surveys)	License Fee	Total Fee Survey +License
1 to 4 units or 9 occupants or less*	$45.00	$25.00	$70.00
5 to 10 units or 10 to 50 occupants	$70.00	$25.00	$95.00
11 to 20 units or 51 to 100 occupants	$120.00	$25.00	$145.00
21 to 50 units or 101 to 150 occupants	$150.00	$25.00	$175.00
over 50 units or over 150 occupants	$175.00	$25.00	$200.00))

Note:

The on-site survey fee includes two surveys per year (one preoccupancy and one occupancy). Any additional visits (follow-up and/or complaint investigation) will be considered an additional service and will be billed separately at the rates established in Table 990.

*Operators with four or less units or nine or less occupants are not required to be licensed except when licensure is required by WAC 246-358-025.))

     (1) License fee. The license fee covers initial licenses and renewals, and includes on-site surveys. An operator must submit to the department an annual license fee for maximum occupancy according to Table 1 of this section. For purposes of licensing, maximum occupancy is the total number of occupants that the amount of space and fixtures of the temporary worker housing (TWH) can support.

     (2) Technical assistance fee. An operator may be charged for each technical assistance visit conducted by the department when requested or approved by the operator or their designee. This fee will be charged according to WAC 246-359-990 Table 1, Part G.

     (3) Late fees. A late fee may be charged according to Table 1 of this section when:

     (a) The initial application and licensing fee, as required by WAC 246-358-025(2), are not received by the department at least forty-five days prior to the TWH opening operation date;

     (b) The renewal application and licensing fee, as required by WAC 246-358-025(2), are not received by the department by the TWH renewal due date.

     (4) TWH civil fine. An operator may be assessed a civil fine for failure or refusal to obtain a license prior to occupancy of TWH. Civil fines for TWH are provided for in RCW 43.70.335.

     (5) Refunds.

     (a) The department will refund fees paid by the operator if:

     (i) The operator submits a written request to the department for a refund; and

     (ii) The operator provides documentation to the department that the housing was not occupied during the license period.

     (b) The department will refund two-thirds of the licensing fees paid, less a fifty dollar processing fee, if an application has been received but no preoccupancy survey has been performed by the department.

     (c) The department will refund one-third of the licensing fees paid, less a fifty dollar processing fee, if an application has been received and a preoccupancy survey has been performed by the department.

     (d) The department will not refund applicant licensing fees under the following conditions:

     (i) The department has performed more than one on-site survey for any purpose; or

     (ii) One year has elapsed since a license application was received by the department, but no license was issued because the applicant failed to complete requirements for licensure.

[Statutory Authority: RCW 43.70.340. 99-24-095, § 246-358-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 43.70.340 and 43.70.040. 93-03-031 (Order 324), § 246-358-990, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-358-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-24-074 (Order 2564), § 440-44-100, filed 12/2/87; 86-05-029 (Order 2342), § 440-44-100, filed 2/19/86.]

OTS-3840.5

AMENDATORY SECTION(Amending WSR 00-06-082, filed 3/1/00, effective 3/1/00)

WAC 246-361-990   Fees for cherry harvest camps.   (((1) License and survey fees. A cherry camp operator must submit to the department a license fee of twenty-five dollars and an on-site survey fee as specified in Table 990.

     Note: The on-site survey fee for licensing includes four surveys (one prior to camp being occupied, two while camp is occupied, and one to verify the camp has been closed).

     (2) Additional survey fees. An operator will be charged an additional on-site survey fee for any follow-up surveys, when the department determines additional on-site surveys are necessary to confirm compliance with this chapter. The additional survey will be one-half the cost of the on-site survey fee as stated in Table 990.

     (3) Complaint investigation fees. Operators will be charged for each on-site survey conducted by the department when a complaint investigation results in the complaint being found valid. This fee will be charged according to Table 990 for on-site survey.

     (4) Water test fees. An operator will be directly billed for each water sample collected by the department when the operator has not submitted the water tests as required by WAC 246-361-025 and 246-361-055.

     (5) Refunds. The license and on-site survey fee may be refunded when the operator submits:

     (a) A written request to the department; and

     (b) Provides documentation that the housing was not occupied during the license period.

TABLE 990

     (ii) One year has elapsed since a license application was received by the department, but no license was issued because the applicant failed to complete requirements for licensure.

[Statutory Authority: RCW 70.114A.065 and 70.114A.110. 00-06-082, § 246-361-990, filed 3/1/00, effective 3/1/00.]

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