WSR 14-07-068 PROPOSED RULES DEPARTMENT OF HEALTH [Filed March 17, 2014, 11:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-14-093.
Title of Rule and Other Identifying Information: WAC 246-358-990 Temporary worker housing fees and 246-361-990 Cherry harvest camps fees, amendments to reduce the licensing fee amount and revise the fee structure.
Hearing Location(s): Department of Health, Town Center 2 (TC2), Conference Room 158, 111 Israel Road, Tumwater, WA, on April 23, 2014, at 1:00 p.m.
Date of Intended Adoption: May 5, 2014.
Submit Written Comments to: Debra Fisher, P.O. Box 47852, Tumwater, WA 98504-7852, e-mail [web site] http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by April 23, 2014.
Assistance for Persons with Disabilities: Contact Debra Fisher by April 18, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule reduces licensing fees and revises the fee structure. The proposed rule reduces the existing fee from $9 per occupant to a proposed set fee of $50 plus $4 per occupant. The proposed fee and structure are for both initial applications and annual renewal.
Reasons Supporting Proposal: In 2012, the legislature provided the department with one-time, supplemental funding for the department to temporarily reduce fees and conduct an evaluation of the program to consider fee amount and structure. As a result of the evaluation and through implementation of program efficiencies the department has determined that the proposed fee reduction will support current program activities.
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: Debra Fisher, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-2942.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.
A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(vi) of the Administrative Procedure Act, a cost-benefit analysis is not required for rules that set or adjust fees or rates pursuant to legislative standards.
March 17, 2014
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 11-13-124, filed 6/22/11, effective 7/23/11)
WAC 246-358-990 Fees.
(1) ((License)) Licensing 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)) An operator shall submit to the department of health a licensing fee according to Table 1 of this section prior to the department of health issuing a temporary worker housing (TWH) operating license. Except as provided in subsection (2) of this section, the licensing fee consists of two portions:
(a) An administrative portion according to Table 1 of this section; and
(b) A facility portion, based on the maximum occupancy of the TWH, according to Table 1 of this section. For purposes of ((licensing)) this section, maximum occupancy is the ((total)) greatest number of occupants that ((the amount of space and fixtures of the temporary worker housing (TWH) can support)) reside in the TWH during the calendar year.
(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.)) Minimum licensing fee. The minimum licensing fee is ninety dollars.
(3) Late fees. The department of health may charge a late fee ((may be charged)) according to Table 1 of this section in addition to the licensing fee when:
(a) ((The initial)) For a new license, the application and licensing fee((, as required by WAC 246-358-025(2),)) are not received by the department of health at least forty-five days prior to the new TWH opening operation date;
(b) ((The renewal)) For a previously licensed TWH, the application and licensing fee((, as required by WAC 246-358-025(2),)) are not received by the department of health by February twenty-eighth of the year the operator intends to operate 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 of health will refund fees paid by the operator if:
(i) The operator submits a written request to the department of health for a refund; and
(ii) The operator provides documentation to the department of health that the ((housing)) TWH was not occupied during the license period.
(b) The department of health 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)) inspection has been performed by the department of health.
(c) The department of health 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)) inspection has been performed by the department of health.
(d) The department of health will not refund applicant licensing fees under the following conditions:
(i) The department of health has performed more than one on-site ((survey)) inspection for any purpose; or
(ii) One year has elapsed since a license application was received by the department of health, but no license was issued because the applicant failed to complete requirements for licensure.
(5) Technical assistance fee. The department of health may charge an operator for each technical assistance visit conducted by the department of health when requested or approved by the operator or their designee. This fee will be charged according to WAC 246-359-990, Table 1.
(6) TWH civil fine. The department of health may assess an operator a civil fine according to RCW 43.70.335.
Table 1
Fees, Regular Temporary Worker Housing
AMENDATORY SECTION (Amending WSR 11-13-124, filed 6/22/11, effective 7/23/11)
WAC 246-361-990 Fees for cherry harvest camps.
(1) ((License)) Licensing 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)) An operator shall submit to the department of health a licensing fee according to Table 1 of this section prior to the department of health issuing a temporary worker housing (TWH) operating license. Except as provided in subsection (2) of this section, the licensing fee consists of two portions:
(a) An administrative portion according to Table 1 of this section; and
(b) A facility portion, based on the maximum occupancy of the TWH, according to Table 1 of this section. For purposes of ((licensing)) this section, maximum occupancy is the ((total)) greatest number of occupants that ((the amount of space and fixtures of the temporary worker housing (TWH) can support)) reside in the TWH during the calendar year.
(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.)) Minimum licensing fee. The minimum licensing fee is ninety dollars.
(3) Late fees. The department of health may charge a late fee ((may be charged)) according to Table 1 of this section in addition to the licensing fee when:
(a) For a new license, the initial application and licensing fee((, as required by WAC 246-361-025(2),)) are not received by the department of health at least forty-five days prior to the new TWH opening operation date;
(b) ((The renewal)) For a previously licensed TWH, the application and licensing fee((, as required by WAC 246-361-025(2),)) are not received by the department ((by the TWH renewal due date)) of health by February twenty-eighth of the year the operator intends to operate the TWH.
(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 of health will refund fees paid by the operator if:
(i) The operator submits a written request to the department of health for a refund; and
(ii) The operator provides documentation to the department of health that the ((housing)) TWH was not occupied during the license period.
(b) The department of health 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)) inspection has been performed by the department of health.
(c) The department of health 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)) inspection has been performed by the department of health.
(d) The department of health will not refund applicant licensing fees under the following conditions:
(i) The department of health has performed more than one on-site ((survey)) inspection for any purpose; or
(ii) One year has elapsed since a license application was received by the department of health, but no license was issued because the applicant failed to complete requirements for licensure.
(5) Technical assistance fee. The department of health may charge an operator for each technical assistance visit conducted by the department of health when requested or approved by the operator or their designee. This fee will be charged according to WAC 246-359-990, Table 1.
(6) TWH civil fine. The department of health may assess an operator a civil fine according to RCW 43.70.335.
Table 1
Fees, Cherry Harvest Camps
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