Purpose: This rule-making order amends WAC 16-401-027 by increasing the nursery inspection fees by 3.03%, which is the OFM fiscal growth factor for fiscal year 2005. The amendment does not increase the fees for retail nursery dealer licenses or wholesale nursery dealer licenses.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-401-027.

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

      Adopted under notice filed as WSR 04-13-146 on June 23, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: August 10, 2004.

Valoria H. Loveland

Director

OTS-7298.1

AMENDATORY SECTION(Amending WSR 03-21-166, filed 10/22/03, effective 11/22/03)

WAC 16-401-027   Schedule of fees and charges -- Applicable rates and charges.   The following rates apply for requested inspection services:

(1) Fee or Charge:	((Effective
	July 1, 2003))
Hourly rate -- business hours	$((30.20)) 31.10
Hourly rate -- nonbusiness hours	$((38.60)) 39.70
Certificate issued at time if inspection	No charge
Certificate issued more than twenty-four hours after the inspection	$((14.40)) 14.80
Additional certificates	$((4.60)) 4.70
Fumigation lot or container fee	$((12.05)) 12.40
Certificate of plant health for noncommercial movement	$((6.00)) 6.10
Compliance agreement	$((30.20)) 31.10
Inspection tags or stickers (lots of 250)	$((6.00)) 6.10 per lot
Inspection tags or stickers (minimum 10)	$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 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.

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

     (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.

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

     (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.

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.

[Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, § 16-401-027, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. 03-10-083, § 16-401-027, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-027, filed 5/8/01, effective 6/8/01.]

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