WSR 99-07-125

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 24, 1999, 9:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-03-096.

Title of Rule: WAC 16-470-900 through 16-470-920, plant pest detection, testing, and inspection fees and documentation.

Purpose: Current plant pest detection, testing and inspection fee income is not adequate to cover costs of these activities. It is necessary to raise fees within the fiscal growth factors for both fiscal year 1999 and 2000.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Summary: Current plant pest detection, testing and inspection fee income is not adequate to cover costs of these activities. It is necessary to raise fees within the fiscal growth factors for both fiscal year 1999 and 2000.

Reasons Supporting Proposal: Current fee income is not adequate to cover costs to render service by the plant services and pest programs. It is necessary to raise fees within the fiscal growth factors for both fiscal year 1999 and 2000. Changes in language are also necessary to clarify program practices and to put the text into clear and readable format.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes the fees charged for plant pest detection, testing, inspection and documentation by the pest and plant services programs. The current plant pest detection testing and inspection fee income is not adequate to cover costs of these activities. This makes it necessary to raise fees within the fiscal growth factors for both fiscal year 1999 and 2000. Changes mandated in the regulatory reform statutes (i.e. clear and readable format) have also made modification necessary. We anticipate that the fee-supported program activities will be self-supporting (as required by statute) and will continue to be available to users, and that the rules will be easier for the public to understand.

Proposal Changes the Following Existing Rules: The proposal increases the schedule of fees and charges for activities authorized in chapter 17.24 RCW within the fiscal growth factors for both fiscal year 1999 and 2000. These activities include inspection, testing, plant disease identification, and documentation services offered to the agricultural and nursery industries and others through the plant services and pest program staffs. The proposal also clarifies that the Washington State Department of Agriculture may negotiate fees for large projects and converts the rule to clear and readable format.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The cost analysis, prepared by the Washington State Department of Agriculture and placed in the official rule file, shows that the proposed rule change would result in a minor impact on businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Washington State Department of Agriculture, 1111 Washington Street, 2nd Floor, Conference Room 259, Olympia, WA, on May 17, 1999, at 2:30 p.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by May 10, 1999, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Mary Toohey, Assistant Director, Washington State Department of Agriculture, Lab Services Division, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2094, by May 18, 1999, 5:00 p.m.

Date of Intended Adoption: May 26, 1999.

March 24, 1999

Mary A. Martin Toohey

Assistant Director

OTS-2966.1


AMENDATORY SECTION(Amending WSR 92-07-023, filed 3/10/92, effective 4/10/92)

WAC 16-470-900
Schedule of fees and charges--Billing policies and procedures.

(1) All billable services provided under chapter 17.24 RCW are due and payable upon billing by the department.  For the convenience of established accounts and in accord with good business practices, the department provides a monthly billing.  Accounts not paid in full within thirty days of billing ((shall be)) are considered delinquent.

(2) All delinquent accounts ((shall be)) are assessed a late charge equal to one percent per month, or portion of a month, on the unpaid balance.

(3) Except for established accounts where there is a reasonable expectation of additional charges during a calendar month, the minimum billable amount through the monthly billing system ((shall be)) is twenty dollars.  All billable services of less than twenty dollars ((shall be)) are due and payable on the date that service is rendered.

(4) No person with an account ninety days or more in arrears ((shall)) will receive service except on the basis of payment in full at the time service is rendered.  Such accounts ((shall)) are not ((be)) restored to monthly billing status until all past due amounts are paid-in-full.  Such accounts may be subject to legal action for collection.

(5) Accounts that become ninety days or more in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

[Statutory Authority: Chapter 17.24 RCW.  92-07-023, 16-470-900, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 92-07-023, filed 3/10/92, effective 4/10/92)

WAC 16-470-905
Schedule of fees and charges--Establishing hourly rates.

(1) Requested services ((shall be)) are provided at ((an)) the applicable hourly rate ((and an overtime rate)) except as provided in WAC 16-470-905(5).  The ((overtime)) hourly rate ((shall apply)) for nonbusiness hours applies for service provided before 8:00 a.m. or after 5:00 p.m. during the work day and for all services provided on Saturday, Sunday, or on a holiday listed in subsection (2) of this section.

(2) Holidays shall mean New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day immediately following Thanksgiving Day, Veteran's Day, Christmas Day, President's Day, and Martin Luther King's Birthday.

(3) ((The minimum hourly)) Charges are assessed ((shall be one hour.  Additional charges shall be)) in one-half hour increments ((prospectively)).

(4) Persons requesting service with less than twenty-four hours notice ((on a weekend or holiday, or before 8:00 a.m. or after 5:00 p.m.)) during nonbusiness hours, may be subject to a ((call back)) charge of two additional hours at the ((overtime)) nonbusiness hourly rate ((in addition to all other charges)) if the department is ((actually)) required to pay call back to the employee(s) providing the requested service.

(5) For ((larger)) large projects, the department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated ((hourly)) rate.

[Statutory Authority: Chapter 17.24 RCW.  92-07-023, 16-470-905, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 92-07-023, filed 3/10/92, effective 4/10/92)

WAC 16-470-910
Schedule of fees and charges--Applicable fees and charges--Effective June 30, 1999.

(1) Hourly rate(( . . . . . . . . . . . . $25.00

(2) Overtime rate . . . . . . . . . . . . $32.00

(3))) (a) Business hours . . . . . . . . . . . . $26.05

(b) Nonbusiness hours (see WAC 16-407-905) . . . . . . . . . . . . $33.34

(2) Laboratory diagnostic services, except as provided in subsection (3) or (4) of this section, ((shall be)) are charged at the applicable hourly rate plus materials.

(((4))) (3) Plant pathology laboratory diagnostic fees ((shall be)) are as follows:


((Identity

Determi-

nation

1 sample
5 samples
10 samples
50 samples
100+samples
virus$75.00 ea$55.00 ea$42.00 ea$16.00 ea$ 2.50 ea
bacteria 35.00 ea32.00 ea30.00 ea29.00 ea29.00 ea
fungus 35.00 ea30.00 ea28.00 ea29.00 ea26.00 ea
nematode 26.00 ea24.00 ea22.00 ea22.00 ea20.00 ea))

Identity

Determi-

nation

1 sample
5 samples
10 samples
50 samples
100+samples
virus$78.14 ea$57.30 ea$43.76 ea$16.67 ea$ 2.60 ea
bacteria 34.46 ea33.38 ea31.25 ea30.21 ea30.21 ea
fungus 36.46 ea31.25 ea30.21 ea29.17 ea27.09 ea
nematode 27.09 ea25.00 ea22.92 ea22.92 ea20.84 ea
Note:To receive volume rates, samples must be submitted as a unit and identification request must be for one specific virus, bacterium, fungus, or nematode.


(4) For large projects, the department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate.

[Statutory Authority: Chapter 17.24 RCW.  92-07-023, 16-470-910, filed 3/10/92, effective 4/10/92.]


NEW SECTION
WAC 16-470-911
Schedule of fees and charges--Applicable fees and charges--Effective July 1, 1999.

(1) Hourly rate

(a) Business hours . . . . . . . . . . . . $26.90

(b) Nonbusiness hours (see WAC 16-407-905) . . . . . . . . . . . . $34.40

(2) Laboratory diagnostic services, except as provided in subsection (3) or (4) of this section, are charged at the applicable hourly rate plus materials.

(3) Plant pathology laboratory diagnostic fees are as follows:


Identity

Determi-

nation

1 sample
5 samples
10 samples
50 samples
100+samples
virus$80.70 ea$59.20 ea$45.20 ea$17.20 ea$ 2.65 ea
bacteria 37.65 ea34.40 ea32.25 ea31.20 ea31.20 ea
fungus 37.65 ea32.25 ea31.20 ea30.10 ea27.90 ea
nematode 27.90 ea25.80 ea23.65 ea23.65 ea21.50 ea
Note:To receive volume rates, samples must be submitted as a unit and identification request must be for one specific virus, bacterium, fungus, or nematode.


(4) For large projects, the department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate.

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AMENDATORY SECTION(Amending WSR 92-07-023, filed 3/10/92, effective 4/10/92)

WAC 16-470-915
Schedule of fees and charges--Fees for post entry inspection services--Effective June 30, 1999.

(1) Site inspection and/or permit review and approval

. . . . . . . . . . . . $((50.00)) 52.09

(2) Subsequent inspections of post entry plant materials ((shall be)) are provided at the applicable hourly rate.

(3) Post entry inspection fees may be waived for state universities, United States Department of Agriculture researchers, and other public entities.

(((4) Fees for post entry inspection services shall be effective May 1, 1992.))

[Statutory Authority: Chapter 17.24 RCW.  92-07-023, 16-470-915, filed 3/10/92, effective 4/10/92.]


NEW SECTION
WAC 16-470-916
Schedule of fees and charges--Fees for post entry inspection services--Effective July 1, 1999.

(1) Site inspection and/or permit review and approval

. . . . . . . . . . . . $53.80

(2) Subsequent inspections of post entry plant materials are provided at the applicable hourly rate.

(3) Post entry inspection fees may be waived for state universities, United States Department of Agriculture researchers, and other public entities.

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AMENDATORY SECTION(Amending WSR 92-07-023, filed 3/10/92, effective 4/10/92)

WAC 16-470-920
Schedule of fees and charges--Miscellaneous fees--Effective June 30, 1999.

(1) Mileage at the established office of financial management rate (schedule A), per diem at actual cost, and travel time at the applicable hourly rate ((may be)) are assessed for requested inspections or post entry inspections that are not a part of a regular work schedule.  Such charges may be prorated among applicants if more than one applicant is provided service during a work day or trip when per diem is applicable.

(2) Postage, special handling services and other miscellaneous costs ((shall be)) exceeding five dollars are charged back at the actual cost.

(3) Certificates of inspection, phytosanitary certificates, and other official documents ((shall be)) are provided subject to the charges and conditions established in WAC 16-401-025.

(((4) Fee for special handling service (i.e., Federal Express, Air Parcel Post, or Air Freight) . . . . . . . . . . . . $3.50

(5) Fee for facsimile transmission of documents, per document . . . . . . . . . . . . $3.50))

[Statutory Authority: Chapter 17.24 RCW.  92-07-023, 16-470-920, filed 3/10/92, effective 4/10/92.]


NEW SECTION
WAC 16-470-921
Schedule of fees and charges--Miscellaneous fees--Effective July 1, 1999.

(1) Mileage at the established office of financial management rate (schedule A), per diem at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections or post entry inspections that are not a part of a regular work schedule. Such charges may be prorated among applicants if more than one applicant is provided service during a workday or trip when per diem is applicable.

(2) Postage, special handling services and other miscellaneous costs exceeding five dollars are charged back at the actual cost.

(3) Certificates of inspection, phytosanitary certificates, and other official documents are provided subject to the charges and conditions established in WAC 16.401.026.

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Washington State Code Reviser's Office