Date of Adoption: May 8, 2001.

Purpose: To amend the fee schedule for fee-supported services, such as nursery inspection and miscellaneous charges related to requested services, within fiscal growth factors for fiscal year 2001 and fiscal year 2002 and to make technical corrections in the text.

Citation of Existing Rules Affected by this Order: Amending WAC 16-401-021, 16-401-026, 16-401-031, and 16-401-041.

Statutory Authority for Adoption: Chapters 15.13 and 15.14 RCW.

Adopted under notice filed as WSR 01-07-099 on March 21, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 4, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 8, 2001

Jim Jesernig

Director

OTS-4737.1

AMENDATORY SECTION(Amending WSR 99-12-034, filed 5/26/99, effective 6/26/99)

WAC 16-401-021   Schedule of fees and charges -- Facility inspection -- Effective July 1, 1999.   (1) Any plant material at a location licensed as a nursery dealer under chapter 15.13 RCW is subject to regulatory inspections. A nursery inspection report will be issued, without additional charge except as provided in subsection (2) of this section, stating the results of the inspection.

(2) A fee may be charged for repeated, subsequent inspections of license locations where plant material does not meet the requirements set forth in chapter 15.13 RCW: Provided, That the license location is subject to no more than two paid inspections each license period. Fees are assessed on the basis of the time required for the inspection at the applicable hourly rate provided in chapter 16-401 WAC ((16-401-026)).

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 99-12-034, 16-401-021, filed 5/26/99, effective 6/26/99.]

(1) Hourly rate

(a) Business hours . . . . . . . . . . . . $ ((26.90)) 27.65

(b) Nonbusiness hours (see WAC 16-401-023)

. . . . . . . . . . . . $ ((34.40)) 35.35

(2) 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 that are not a part of a regular work schedule. Such charge may be prorated among applicants if more than one applicant is provided service during a work day or trip when mileage and/or per diem are applicable.

(3) Inspections for phytosanitary certification, including growing season field inspections, are provided at the applicable hourly rate provided in subsection (1) of this section except where an alternate certification inspection fee is provided in statute, in rule, or by a written agreement between the department and an industry entity, university, or public agency. When growing season field inspections for phytosanitary certification and regulatory inspections are performed simultaneously, the first two hours of inspection each calendar year for nurseries licensed under WAC 16-401-041 (1)(b) or (2)(a); and the first four hours of inspection per calendar year for nurseries licensed under WAC 16-401-041 (1)(c) or (2)(b), are without charge.

(a) There is no additional charge for the first phytosanitary certificate issued at the time of the inspection.

(b) Phytosanitary certificates issued more than twenty-four hours from the time of the inspection, first certificate

. . . . . . . . . . . . $ ((12.90)) 13.25

(c) Additional phytosanitary certificates

. . . . . . . . . . . . $ ((4.20)) 4.30 ea.

(4) Inspection and certification of nonplant material or equipment for sanitation (freedom from soil or pests) by visual examination or through witnessing a prescribed treatment (steam cleaning, hydro-washing, etc.) is charged at the applicable hourly rate.

(a) There is no additional charge for the first certificate.

(b) Additional certificates . . . . . . . . . . . . $ ((4.20)) 4.30 ea.

(5) Inspections for garden brown snail certification or other miscellaneous inspection certification are charged at the applicable hourly rate.

(a) For the first certificate . . . . . . . . . . . . no charge

(b) For additional certificates . . . . . . . . . . . . $ ((4.20)) 4.30 ea.

(6) Witnessing and certification of fumigation is charged at the applicable hourly rate, plus a per lot or container fee of

. . . . . . . . . . . . $ ((10.75)) 11.05

(7) For a certificate of plant health for noncommercial movement of plant materials between states by unlicensed persons, up to a maximum of five plants, and provided that the plants are brought to a plant services office for

inspection . . . . . . . . . . . . $ ((5.35)) 5.50

Note:

When two or more types of inspection, provided in this section, are performed simultaneously, only one hourly rate((, per WAC 16-401-026,)) applies. One certificate for one service is issued at no charge. Additional certificates are issued at the $((4.20)) 4.30 rate.

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 99-12-034, 16-401-026, filed 5/26/99, effective 6/26/99.]

(1) Hourly rate.

(a) Business hours . . . . . . . . . . . . $28.40

(b) Nonbusiness hours (see WAC 16-401-023) . . . . . . . . . . . . $36.30

(2) 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 that are not a part of a regular work schedule. Such charge may be prorated among applicants if more than one applicant is provided service during a work day or trip when mileage and/or per diem are applicable.

(3) Inspections for phytosanitary certification, including growing season field inspections, are provided at the applicable hourly rate provided in subsection (1) of this section except where an alternate certification inspection fee is provided in statute, in rule, or by a written agreement between the department and an industry entity, university, or public agency. When growing season field inspections for phytosanitary certification and regulatory inspections are performed simultaneously, the first two hours of inspection each calendar year for nurseries licensed under WAC 16-401-041 (1)(b) or (2)(a); and the first four hours of inspection per calendar year for nurseries licensed under WAC 16-401-041 (1)(c) or (2)(b), are without charge.

(a) There is no additional charge for the first phytosanitary certificate issued at the time of the inspection.

(b) Phytosanitary certificates issued more than twenty-four hours from the time of the inspection, first certificate

. . . . . . . . . . . . $13.60

(c) Additional phytosanitary certificates . . . . . . . . . . . . $4.40 ea.

(4) Inspection and certification of nonplant material or equipment for sanitation (freedom from soil or pests) by visual examination or through witnessing a prescribed treatment (steam cleaning, hydro-washing, etc.) is charged at the applicable hourly rate.

(a) There is no additional charge for the first certificate.

(b) Additional certificates . . . . . . . . . . . . $4.40

(5) Inspections for garden brown snail certification or other miscellaneous inspection certification are charged at the applicable hourly rate.

(a) For the first certificate . . . . . . . . . . . . no charge

(b) For additional certificates . . . . . . . . . . . . $4.40

(6) Witnessing and certification of fumigation is charged at the applicable hourly rate, plus a per lot or container fee of

. . . . . . . . . . . . $11.35

(7) For a certificate of plant health for noncommercial movement of plant materials between states by unlicensed persons, up to a maximum of five plants, and provided that the plants are brought to a plant services office for inspection . . . . . . . . . . . . $5.65

Note:

When two or more types of inspection, provided in this section, are performed simultaneously, only one hourly rate applies. One certificate for one service is issued at no charge. Additional certificates are issued at the $4.40 rate.

[]

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

(2) Other requested office services, not specifically provided for, are charged a fee based on the portion of an hour at the applicable hourly rate in chapter 16-401 WAC ((16-401-026)).

(3) Nursery stickers and nursery stock inspection certificate tags:

(a) In lots of 250 . . . . . . . . . . . . $ ((5.35)) 5.50 per lot

(b) Less than 250 (minimum 10) . . . . . . . . . . . . $ ((0.26)) 0.267 each

(4) Authorization by the department to preprint Washington nursery stock inspection certificates on shipping containers, yearly authorization fee or renewal . . . . . . . . . . . . $ ((26.90)) 27.65

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 99-12-034, 16-401-031, filed 5/26/99, effective 6/26/99.]

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

(2) Other requested office services, not specifically provided for, are charged a fee based on the portion of an hour at the applicable hourly rate in chapter 16-401 WAC.

(3) Nursery stickers and nursery stock inspection certificate tags:

(a) In lots of 250 . . . . . . . . . . . . $5.65 per lot

(b) Less than 250 (minimum 10) . . . . . . . . . . . . $0.27

(4) Authorization by the department to preprint Washington nursery stock inspection certificates on shipping containers, yearly authorization fee or renewal . . . . . . . . . . . . $28.40

[]

(1) Retail nursery dealer license fee:

(a) Gross business sales of horticultural plants and turf less than two thousand five hundred dollars . . . . . . . . . . . . $ 37.67

(b) Gross business sales of horticultural plants and turf between two thousand five hundred dollars and fifteen thousand dollars, the license fee is . . . . . . . . . . . . $ 80.72

(c) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more . . . . . . . . . . . . $ 161.45

(2) Wholesale nursery dealer license fee:

(a) Gross business sales of horticultural plants and turf less than fifteen thousand dollars . . . . . . . . . . . . $ 80.72

(b) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more . . . . . . . . . . . . $ 161.45

(3) As provided in RCW 15.13.285, a surcharge of twenty percent of the base rate, in addition to the fees established on all classes of licenses in subsections (1) and (2) of this section, is established.

(4) Permit fee for those types of sales and organizations exempted from licensing requirements by RCW 15.13.270((, per permit)).

(a) Effective June 30, 2001 per permit . . . . . . . . . . . . $ ((5.35)) 5.50

(b) Effective July 1, 2001, per permit . . . . . . . . . . . . $ 5.65

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 99-12-034, 16-401-041, filed 5/26/99, effective 6/26/99.]

Washington State Code Reviser's Office