WSR 99-12-035

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 26, 1999, 9:20 a.m. ]

Date of Adoption: May 26, 1999.

Purpose: Increase plant pest detection, testing, and inspection fees within the fiscal growth factors for both fiscal year 1999 and 2000.

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-900, 16-470-905, 16-470-910, 16-470-915, and 16-470-920.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Adopted under notice filed as WSR 99-07-125 on March 24, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 5, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 26, 1999

Jim Jesernig

Director

OTS-2966.2


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