333-012-0057 Consultation Services Remittance (1) Food Service — On behalf of the Authority, the Local Public Health Authority must collect fees from food service establishments and remit to the Authority the monies necessary to maintain the Foodborne Illness Prevention Program. The Local Public Health Authority must keep the remainder to cover administration and enforcement costs. (a) The Authority must consult with representatives of local health officials in determining the amount to be remitted by each Local Public Health Authority to support the state Foodborne Illness Prevention Program; (b) The consultation must occur no later than April of each legislative year in order to determine the amount required to be remitted to the Authority in the following biennium; (c) The consultation must consider program expenditures, the program workplan and other activities, and current food service establishment inventories to determine the amount of the remittance; (d) For the purposes of this rule, food service establishments are considered to be full and limited service restaurants, bed and breakfast facilities, mobile food units, commissaries and warehouses; (e) The remittance amount must be determined by first projecting statewide food service license revenue for the biennium using state marker fees. Then, the biennial budget of the Foodborne Illness Prevention Program is divided by the revenue projection to yield a percentage factor. Each Local Public Health Authority's revenue projection for food service facilities, using state marker fees, is then multiplied by that factor to yield the remittance amount; (f) The Foodborne Illness Prevention Program budget must be developed after consultation with groups representing local health officials pursuant to ORS 624.510. The cost to the Local Public Health Authority of the Foodborne Illness Prevention Program shall be represented in the annual Intergovernmental Agreement. (g) The Local Public Health Authority must provide to the Authority a quarterly remittance based on the total biennial assessment. Fifty percent of the assessment is payable each year unless otherwise negotiated with the Authority. The annual amount remitted by the Local Public Health Authority in the first year of the biennium may not be less than 35 percent of the total biennial amount. Each Local Public Health Authority must provide a statement identifying the proposed timetable and schedule for remittance; (h) In April of even-numbered years, the Authority must recalculate the assigned assessment for the second year of the biennium, based on updated facility counts and program expenditures and provide the Local Public Health Authority with a revised assessment for the second year of the biennium; (i) All assessments may not be represented as a surcharge or added charge. (2) Public Swimming Pools — The Authority must consult with representatives of local health officials and industry in determining the amount to be remitted by each Local Public Health Authority that has accepted delegation for the Public Swimming, Spa and Wading Pool Programs for the purposes of supporting the statewide consultation and program services costs: (a) The consultation must occur no later than April of each legislative year in order to determine the amount required to be remitted to the Authority in the following biennium; (b) The consultation must consider program expenditures and current public swimming pool, public spa pool and public wading pool facility inventories while determining the amount of the remittance; (c) The county shall remit, on a quarterly basis, a portion of the fee for each license issued in that quarter; (d) All assessments may not be represented as a surcharge or added charge. (3) Tourist Facilities — Each quarter, the Local Public Health Authority must remit 15 percent of the state licensing fee or 15 percent of the Local Public Health Authority license fee, whichever is less, to the Authority for consultation services and maintenance of the statewide program for facilities licensed under ORS 446.425. All assessments may not be represented as a surcharge or added charge Statutory/Other Authority: ORS 446.425, 448.100 & 624.510 Statutes/Other Implemented: ORS 446.425, 448.100 & 624.510 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 13-2004, f. & cert. ef. 4-9-04 HD 12-1995, f. 12-28-95, cert. ef. 1-1-96