Effective Date of Rule: July 1, 2007.

     Purpose: This rule-making order amends chapter 16-470 WAC, Quarantine -- Agricultural pests, by increasing the laboratory diagnostic hourly fees, nematode laboratory diagnostic fees, and postentry inspection services fee by no more than the office of financial management fiscal growth factor for fiscal year 2008 (5.53%).

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

     Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

      Adopted under notice filed as WSR 07-07-106 on March 19, 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: May 3, 2007.

Valoria H. Loveland

Director

OTS-9569.1

AMENDATORY SECTION(Amending WSR 06-15-044, filed 7/11/06, effective 8/11/06)

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

Hourly rate - business hours	$((33.00)) 34.80
Hourly rate - nonbusiness hours	$((42.15)) 44.45

     (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) Nematology laboratory diagnostic fees are as follows:

Identity Determination	1 sample	5 samples	10 samples	50 samples	100+ samples
nematode	((34.30)) 36.15 ea	((31.60)) 33.30 ea	((28.95)) 30.55 ea	((28.25)) 29.80 ea	((26.30)) 27.75 ea

Note:

To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific nematode, unless more than one nematode 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. 06-15-044, § 16-470-912, filed 7/11/06, effective 8/11/06; 05-12-111, § 16-470-912, filed 5/31/05, effective 7/1/05. 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.]

     (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. 06-15-044, § 16-470-917, filed 7/11/06, effective 8/11/06; 05-12-111, § 16-470-917, filed 5/31/05, effective 7/1/05; 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