Purpose: This rule-making order amends WAC 16-470-912(3) by deleting the words "Effective July 1, 2003," which are no longer necessary.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-470-912.

     Statutory Authority for Adoption: Chapters 17.24, 15.14, and 34.05 RCW.

      Adopted under notice filed as WSR 04-21-083 on October 20, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 21, 2004.

Mary A. Martin Toohey

for Valoria H. Loveland

Director

OTS-7599.1

AMENDATORY SECTION(Amending WSR 04-17-036, filed 8/10/04, effective 9/10/04)

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

Hourly rate - business hours	$31.10
Hourly rate - nonbusiness hours	$39.70

     (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 July 1, 2003))
Identity Determination	1 sample	5 samples	10 samples	50 samples	100+samples
virus (ELISA)	At cost	At cost	$10.30 ea	$5.10 ea	$2.95 ea
bacteria	41.20 ea	39.80 ea	37.30 ea	36.10 ea	36.10 ea
fungus	43.60 ea	37.30 ea	36.10 ea	34.80 ea	32.30 ea
nematode	32.30 ea	29.80 ea	27.30 ea	26.60 ea	24.80 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) 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 34.05 RCW. 04-17-036, § 16-470-912, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, § 16-470-912, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, § 16-470-912, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, § 16-470-912, filed 5/8/01, effective 6/8/01.]

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