WSR 05-06-109

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed March 2, 2005, 11:17 a.m. ]

Subject of Possible Rule Making: Chapter 16-470 WAC, Quarantine -- Agricultural pests (WAC 16-470-900 through 16-470-921), the department is reviewing its fees for plant pathology services performed by the plan services and pest programs and may propose to raise them. In addition, the department may increase the penalty charge for past due accounts to make it consistent with charges related to other program rules, amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 17.24 and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Current plant pathology fee income is not adequate to cover costs associated with providing program services. RCW 17.24.131 Requested inspections -- Fee for service -- Disbursements in lieu of fee, states that the director may prescribe a fee for plant pathology services that "shall, as closely as practical, cover the cost of the service rendered, including the salaries and expenses of the personnel involved."

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail mtoohey@agr.wa.gov; and Tom Wessels, Program Manager, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1984, fax (360) 902-2094, e-mail twessels@agr.wa.gov.

March 1, 2005

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office