WSR 05-12-111

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 31, 2005, 8:06 a.m. , effective July 1, 2005 ]


Purpose: This rule-making order amends WAC 16-470-900 through 16-470-917 by (1) increasing the plant pathology laboratory diagnostic fees, hourly fees, and post entry inspection fee by the OFM fiscal growth factor for fiscal year 2006 (2.82%); and (2) increasing the penalty charge for past due accounts to make it consistent with charges related to other program rules.

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-900, 16-470-912, and 16-470-917.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Adopted under notice filed as WSR 05-09-093 on April 20, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: May 31, 2005.

William E. Brookreson

for Valoria H. Loveland

Director

OTS-7941.1


AMENDATORY SECTION(Amending WSR 99-12-035, filed 5/26/99, effective 6/26/99)

WAC 16-470-900   Schedule of fees and charges -- Billing policies and procedures.   (1) All billable services provided under chapter 17.24 RCW are due and payable upon billing by the department. For the convenience of established accounts and in accord with good business practices, the department provides a monthly billing. Accounts not paid in full within thirty days of billing are considered delinquent.

(2) All delinquent accounts are assessed a late charge equal to one and one-half percent per month, or portion of a month, on the unpaid balance.

(3) Except for established accounts where there is a reasonable expectation of additional charges during a calendar month, the minimum billable amount through the monthly billing system is twenty dollars. All billable services of less than twenty dollars are due and payable on the date that service is rendered.

(4) No person with an account ninety days or more in arrears will receive service except on the basis of payment in full at the time service is rendered. Such accounts are not restored to monthly billing status until all past due amounts are paid-in-full. Such accounts may be subject to legal action for collection.

(5) Accounts that become ninety days or more in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

[Statutory Authority: Chapter 17.24 RCW. 99-12-035, 16-470-900, filed 5/26/99, effective 6/26/99; 92-07-023, 16-470-900, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 05-01-180, filed 12/21/04, effective 1/21/05)

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


Hourly rate - business hours $((31.10))

31.95

Hourly rate - nonbusiness hours $((39.70))

40.80


(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:


Identity

Determination

1 sample
5 samples
10 samples
50 samples
100+

samples

virus (ELISA) At cost At cost $((10.30))

10.55 ea

$((5.10))

5.20 ea

$((2.95))

3.00 ea

bacteria ((41.20)) 42.35 ea ((39.80)) 40.90 ea ((37.30))

38.35 ea

((36.10))

37.10 ea

((36.10))

37.10 ea

fungus ((43.60)) 44.80 ea ((37.30)) 38.35 ea ((36.10))

37.10 ea

((34.80))

35.75 ea

((32.30))

33.20 ea

nematode ((32.30)) 33.20 ea ((29.80)) 30.60 ea ((27.30))

28.05 ea

((26.60))

27.35 ea

((24.80))

25.45 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, 15.14, and 34.05 RCW. 05-01-180, 16-470-912, filed 12/21/04, effective 1/21/05. 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.]


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

WAC 16-470-917   Schedule of fees and charges -- Fees for post entry inspection services.   (1) Post entry site inspection and/or permit review and approval . . . . . . . . . . . . $ ((62.30)) 64.05

(2) Subsequent inspections of post entry plant materials are provided at the applicable hourly rate.

(3) Post entry inspection fees may be waived for state universities, United States Department of Agriculture researchers, and other public entities.

[Statutory Authority: Chapters 17.24 and 34.05 RCW. 04-17-036, 16-470-917, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, 16-470-917, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, 16-470-917, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-917, filed 5/8/01, effective 6/8/01.]

Washington State Code Reviser's Office