WSR 03-10-082

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 6, 2003, 3:37 p.m. , effective June 30, 2003 ]

Date of Adoption: May 6, 2003.

Purpose: Chapter 16-470 WAC, Quarantine -- Agricultural pests, this rule-making order adopts the fees charged for the plant pest detection, testing, inspection and documentation by the pest and plant services programs for fiscal years 2003 and 2004. Except for virus identity determinations, the fee schedules in WAC 16-470-912 and 16-470-917 increase plant pathology fees by the Office of Financial Management fiscal growth factor for fiscal year 2003 (3.29%), effective until June 30, 2003, and fiscal year 2004 (3.2%), effective July 1, 2003. For virus identity determinations, the fee for 1-9 samples will be charged at cost, the fee for 10-99 samples is decreased significantly, and the fee for 100+ samples is increased within the fiscal growth factors. The adopted amendments also clarify the requirements for services provided by written agreement. In addition, this order repeals WAC 16-470-911 and 16-470-916 because they are no longer needed. Finally, as required by Executive Order 97-02, WAC 16-470-905, 16-470-912, 16-470-917, and 16-470-921 are rewritten to improve their clarity.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-470-911 and 16-470-916; and amending WAC 16-470-905, 16-470-912, 16-470-917, and 16-470-921.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Adopted under notice filed as WSR 03-07-092 on March 19, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 2.
Effective Date of Rule: June 30, 2003.

May 6, 2003

Valoria H. Loveland

Director

OTS-6264.2


AMENDATORY SECTION(Amending WSR 99-12-035, filed 5/26/99, effective 6/26/99)

WAC 16-470-905   Schedule of fees and charges -- Establishing hourly rates.   (1) Requested services are provided at the applicable hourly rate except as provided in ((WAC 16-470-905)) subsection (5) of this section. The hourly rate for nonbusiness hours applies for service provided before 8:00 a.m. or after 5:00 p.m. during the ((work day)) workday 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) Charges are assessed in one-half hour increments.

(4) Persons requesting service with less than twenty-four hours notice during nonbusiness hours, may be subject to a charge of two additional hours at the nonbusiness hourly rate if the department is required to pay call back pay to the employee(s) providing the requested service.

(5) ((For large projects,)) The department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate for projects with one of the following characteristics:

(a) Projects requiring multiple periodic inspections and/or certificates; or

(b) Projects requiring field inspections of crops not regulated under chapter 15.13 or 15.14 RCW.

The rate charged shall not be less than the cost to the department of providing the services.

[Statutory Authority: Chapter 17.24 RCW. 99-12-035, 16-470-905, filed 5/26/99, effective 6/26/99; 92-07-023, 16-470-905, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 01-11-033, filed 5/8/01, effective 6/8/01)

WAC 16-470-912   Schedule of fees and charges -- Applicable fees and charges(( -- Effective July 1, 2001)).   (1) Hourly rate.

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

(b) Nonbusiness hours (see WAC 16-407-905) . . . . . . . . . . . . $36.30))


Effective until

June 30, 2003

Effective

July 1, 2003

Hourly rate - business hours $29.33 $30.20
Hourly rate - nonbusiness hours $37.49 $38.60

(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:

Effective until June 30, 2003
Identity

Determi-

nation

1 sample
5 samples
10 samples
50 samples
100+samples
virus (ELISA) (($85.30 ea))

At cost

(($62.45 ea))

At cost

$((47.70))

9.70 ea

$((18.10))

4.85 ea

$((2.75))

2.84 ea

bacteria ((37.60))

38.83 ea

((36.30))

37.49 ea

((34.05))

35.17 ea

((32.90))

33.98 ea

((32.90))

33.98 ea

fungus ((39.75))

41.05 ea

((34.05))

35.17 ea

((32.90))

33.98 ea

((31.80))

32.84 ea

((29.50))

30.47 ea

nematode ((29.50))

30.47 ea

((27.20))

28.09 ea

((24.95))

25.77 ea

((24.90))

25.71 ea

((22.70))

23.44 ea


Note: To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific virus, bacterium, fungus, or nematode. Samples tested for multiple pathogens will be considered as multiple samples unless all pathogens can be detected in a single test without additional inputs.

Effective July 1, 2003
Identity

Determi-

nation

1 sample
5 samples
10 samples
50 samples
100+samples
virus (ELISA) At cost At cost $10.00 ea $5.00 ea $2.90 ea
bacteria 40.05 ea 38.65 ea 36.25 ea 35.05 ea 35.05 ea
fungus 42.35 ea 36.25 ea 35.05 ea 33.85 ea 31.40 ea
nematode 31.40 ea 28.95 ea 26.55 ea 25.90 ea 24.15 ea

Note: To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific virus, bacterium, fungus, or nematode. Samples tested for multiple pathogens will be considered as multiple samples unless all pathogens can be detected in a single test without additional inputs.

(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 for projects with at least one of the following characteristics:

(a) Projects greater than one hundred samples;

(b) Projects requiring materials not readily available; or

(c) Projects requiring special handling or prolonged incubation periods.

The rate charged shall not be less than the cost to the department of performing the tests.

[Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-912, filed 5/8/01, effective 6/8/01.]


AMENDATORY SECTION(Amending WSR 01-11-033, filed 5/8/01, effective 6/8/01)

WAC 16-470-917   Schedule of fees and charges -- Fees for post entry inspection services(( -- Effective July 1, 2001)).   (1) Post entry site inspection and/or permit review and approval

(( . . . . . . . . . . . . $56.80))

(a) Effective until June 30, 2003. . . . . $58.66

(b) Effective July 1, 2003. . . . . $60.50

(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.

[Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-917, filed 5/8/01, effective 6/8/01.]


AMENDATORY SECTION(Amending WSR 01-11-033, filed 5/8/01, effective 6/8/01)

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)) will be charged back to the applicant at the actual cost.

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

[Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-921, filed 5/8/01, effective 6/8/01. Statutory Authority: Chapter 17.24 RCW. 99-12-035, 16-470-921, filed 5/26/99, effective 6/26/99.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-470-911 Schedule of fees and charges -- Applicable fees and charges -- Effective June 30, 2001.
WAC 16-470-916 Schedule of fees and charges -- Fees for post entry inspection services -- Effective June 30, 2001.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office