WSR 04-22-095

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed November 2, 2004, 2:09 p.m. ]

     Subject of Possible Rule Making: The department is considering amending WAC 16-237-195 Fees for warehouse audit and related services, to (a) establish a new fee for performing special inventories of commodities; and (b) increase the fees charged for all services (except year-end inventories) performed by the warehouse audit program.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 22.09.020(13), section 309(2), chapter 25, Laws of 2003 1st sp.s. (ESSB 5404), and chapter 34.05 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The amendments to WAC 16-237-195 Fees for warehouse audit and related services, are needed to (a) enable the grain warehouse audit program to establish a fee for services performed at the request of a licensed warehouse operator for a special year-end inventory; and (b) recover costs incurred by the warehouse audit program for services performed, other than year-end inventories, requested by licensed warehouse operators and grain dealers. These services include, but are not limited to, special technical assisted audits of records and inventories, observation of sampling of commodities, and a remeasurement of commodities.

     Licensed warehouses frequently request special inventories at the end of their fiscal year so they can determine the quality and quantities of their year-end inventories that licensed public accountants will use when preparing the warehouse company's year-end financial statements.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture and the Commodity Credit Corporation also regulate this subject. The warehouse audit program will provide these agencies with copies of any proposed rule amendments for their review and comment.

     Process for Developing New Rule: Warehouse audit program staff will develop the proposed rule amendments in consultation with the program's advisory committee and other industry representatives.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Don Michelbook, Program Manager, (509) 533-2488, dmichelbook@agr.wa.gov.

November 2, 2004

Robert W. Gore

Assistant Director

Legislature Code Reviser 

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