Date of Adoption: May 6, 2003.

     Purpose: Chapter 16-401 WAC, Nursery inspection fees, this rule-making order adopts the fee schedule for nursery inspection charged by the plant services program for fiscal years 2003 and 2004. The fee schedules in WAC 16-401-027, 16-401-032, and 16-401-041 increase nursery inspection 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. This adoption does not increase the fees for retail or wholesale nursery dealer licenses. In addition, this order repeals WAC 16-401-026 and 16-401-031 because they are no longer needed. Finally, as required by Executive Order 97-02, WAC 16-401-021, 16-401-023, 16-401-027, and 16-401-032 are rewritten to improve their clarity.

     Citation of Existing Rules Affected by this Order: Repealing WAC 16-401-026 and 16-401-031; and amending WAC 16-401-021, 16-401-023, 16-401-027, 16-401-032, and 16-401-041.

     Statutory Authority for Adoption: Chapters 15.13, 15.14, and 34.05 RCW.

      Adopted under notice filed as WSR 03-07-091 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 2.
     Effective Date of Rule: June 30, 2003.

May 6, 2003

Valoria H. Loveland

Director

OTS-6180.2

AMENDATORY SECTION(Amending WSR 01-11-031, filed 5/8/01, effective 6/8/01)

WAC 16-401-021   Schedule of fees and charges -- Facility inspection(( -- Effective July 1, 1999)).   (1) The department may conduct regulatory inspections of any plant material at ((a location)) any nursery facility 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)). Subsequent to each inspection the department will issue a nursery inspection report to the licensed nursery.

     (2) ((A fee may be charged)) The department may charge a fee for repeated, subsequent inspections of ((license)) licensed locations where plant material does not meet the requirements ((set forth)) in chapter 15.13 RCW((: Provided, That)). However, the ((license)) licensed location ((is subject)) cannot be subjected 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 this chapter ((16-401 WAC)).

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-021, filed 5/8/01, effective 6/8/01; 99-12-034, § 16-401-021, filed 5/26/99, effective 6/26/99.]

     (2) Holidays 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 hourly charge is 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 to the employee(s) providing the requested service.

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 99-12-034, § 16-401-023, filed 5/26/99, effective 6/26/99. Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), § 16-401-023, filed 12/1/92, effective 1/1/93.]

     (((1) Hourly rate.

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

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

(1) Fee or Charge:	Effective Date
	Until June 30, 2003	July 1, 2003
Hourly rate -- business hours	$29.33	$30.20
Hourly rate -- nonbusiness hours	$37.49	$38.60
Certificate issued at time if inspection	No charge	No charge
Certificate issued more than twenty-four hours after the inspection	$14.04	$14.40
Additional certificates	$4.54	$4.60
Fumigation lot or container fee	$11.72	$12.05
Certificate of plant health for noncommercial movement	$5.83	$6.00
Compliance agreement	$29.33	$30.20
Inspection tags or stickers (lots of 250)	$5.83 per lot	$6.00 per lot
Inspection tags or stickers (minimum 10)	$0.278 each	$0.28 each

     (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)) workday 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))) (5) Witnessing and certification of fumigation is charged at the applicable hourly rate, plus a per lot or container fee ((of

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

     (7) For)).

     (6) The department may issue 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.))

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-027, filed 5/8/01, effective 6/8/01.]

     (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 this 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))

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-032, filed 5/8/01, effective 6/8/01.]

     (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.

     (a) Effective until June 30, ((2001, per permit. . . . . . $5.50)) 2003. . . . . . . . $5.83

     (b) Effective July 1, ((2001, per permit. . . . . . $5.65)) 2003. . . . . . . . $6.00

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-041, filed 5/8/01, effective 6/8/01; 99-12-034, § 16-401-041, filed 5/26/99, effective 6/26/99.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-401-026	Schedule of fees and charges -- Applicable rates and charges -- Effective June 30, 2001.
WAC 16-401-031	Schedule of fees and charges -- Miscellaneous charges -- Effective June 30, 2001.

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