WSR 07-13-097

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 20, 2007, 8:50 a.m. , effective July 21, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule-making order amends chapter 16-623 WAC, Commission Merchant Act -- Licensing fees, proof of payment, cargo manifests and registration of acreage commitments, by increasing the license fees for commission merchants, dealers, limited dealers, brokers, cash buyers, and agents within the OFM fiscal growth factor for fiscal year 2008 (5.53%) and by correcting a web site address.

Citation of Existing Rules Affected by this Order: Amending WAC 16-623-010.

Statutory Authority for Adoption: Chapters 20.01 and 34.05 RCW.

Adopted under notice filed as WSR 07-10-109 on May 2, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 20, 2007.

Valoria H. Loveland

Director

OTS-9570.3


AMENDATORY SECTION(Amending WSR 05-09-094, filed 4/20/05, effective 5/21/05)

WAC 16-623-010   What requirements apply to licenses for commission merchants, dealers, brokers, cash buyers and agents?   (1) The following table summarizes the license fee requirements for commission merchants, dealers, brokers, cash buyers, or agents:


License Class License Fee Annual

Expiration Date

Annual

Renewal Date

Penalty Amount for Not Renewing Before January 1
Commission merchant $((450.00)) 474.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Dealer $((450.00)) 474.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Limited dealer $((250.00)) 263.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Broker $((300.00)) 316.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Cash buyer $((100.00)) 105.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Agent $((50.00)) 52.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Additional license per class $25.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees

(2) A licensee can be licensed in more than one class for an additional fee of twenty-five dollars per class. The principal license must be in the class requiring the greatest fee and all requirements must be met for each class in which a license is being requested.

(3) All fees and penalties must be paid before the department issues a license.

(4) Applications for licenses are considered incomplete unless an effective bond or other acceptable form of security is also filed with the director.

(5) Licenses may be obtained by contacting the department's commission merchants program at 360-902-1854 or e-mail at: commerch@agr.wa.gov. Application forms, bond forms, and forms for securities in lieu of a surety bond are available on the department's web site at: ((http://www.agr.wa.gov/Inspection/CommissionMerchants/default.htm))http://www.agr.wa.gov/Inspection/CommissionMerchants/default.asp.

[Statutory Authority: Chapters 20.01 and 34.05 RCW, 2003 1st sp.s. c 25. 05-09-094, 16-623-010, filed 4/20/05, effective 5/21/05. Statutory Authority: RCW 20.01.040, [20.01.]125, [20.01.]370, [20.01.]380, [20.01.]410, [20.01.]510. 00-22-071, 16-623-010, filed 10/30/00, effective 11/30/00.]

Washington State Code Reviser's Office