WSR 08-15-111

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 18, 2008, 3:31 p.m. ]

Title of Rule and Other Identifying Information: Chapter 16-663 WAC, Service agents -- Reporting, test procedures, standards and calibration of weighing and measuring devices. The department is proposing to delete the service agent registration fee from rule. No existing fees will be increased as a result of this change, and no new fees will be enacted.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Henri Gonzales, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY September 23, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to delete the service agent registration fee from rule. This fee is specified in RCW 19.94.2582. During the 2006 legislative session, the Washington state legislature increased the service agent registration fee (see chapter 358, Laws of 2006). The department is proposing to remove the service agent fee from rule since it is specified in statute. In addition, the department proposes to amend the existing language to increase its clarity and readability. No existing fees will be increased as a result of this change, and no new fees will be enacted.

Reasons Supporting Proposal: Having the service agent registration fee listed in both statute and rule is redundant.

Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.

Statute Being Implemented: Chapter 19.94 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kirk Robinson, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1856.

July 18, 2008

Mary A. Martin Toohey

Assistant Director

OTS-1734.1


AMENDATORY SECTION(Amending WSR 00-22-072, filed 10/30/00, effective 11/30/00)

WAC 16-663-120   Registration, certification and standards.   (1) Service agents and servicepersons who intend to provide service that permits a weighing or measuring device to be placed back into commercial service must register with the department annually. Service agents and servicepersons must register on a form provided by the department annually. The fee for registration is ((eighty dollars per service person)) specified in RCW 19.94.2582. This registration requirement does not apply to city sealers.

(2) Service agents and servicepersons registering with the department will specifically state the types of devices they will be placing in service. Such a statement is the agent's or person's certification that they are knowledgeable of the requirements of the state and possess proper and certified equipment and standards to perform the services.

(3) The registered service agent or serviceperson shall submit a copy of their tag or label, seal or seal press identification mark to the department at time of registration.

(4) The department will issue an official registration certification for each service agent and serviceperson whose application is approved. Official registration certificates are valid for a period of one year from date of registration.

(5) For requests that are denied the department will provide reasons, in writing, for the denial and refund payment.

[Statutory Authority: RCW 19.94.010, 19.94.190. 00-22-072, 16-663-120, filed 10/30/00, effective 11/30/00.]


AMENDATORY SECTION(Amending WSR 00-22-072, filed 10/30/00, effective 11/30/00)

WAC 16-663-130   Adequacy of standards and submission of standards for certification.   (1) All service agents and servicepersons shall use standards of adequate quantity and design to place commercial weighing and measuring devices in service.

(2) Submission of standards for inspection. All standards used for servicing, repairing and/or calibrating commercial weighing and measuring devices must be submitted at least every two years for examination and certification. The standards will be submitted to the state's metrology laboratory or a laboratory of any state in which a reciprocity agreement has been entered. The state metrology laboratory examines and certifies standards using the current version of National Institute of Standards and Technology Handbook 105.

(3) Recognition of out-of-state certification of any standard that has been inspected and examined by any state or agency in which the director has entered a reciprocity agreement will be considered correct if said examination is within the previous two-year period. Proof of inspection must be submitted to the department with the registration application.

(4) Proof of certification shall be maintained by the owner of the standards and be kept with the standards during normal usage for the purpose of inspection by the director or authorized representative.

[Statutory Authority: RCW 19.94.010, 19.94.190. 00-22-072, 16-663-130, filed 10/30/00, effective 11/30/00.]


AMENDATORY SECTION(Amending WSR 00-22-072, filed 10/30/00, effective 11/30/00)

WAC 16-663-140   Identification of work -- Labels and seals.   (1) Each registered service agent and serviceperson shall identify his/her work on commercially used weighing and measuring devices by:

(a) Applying an adhesive tag or label in a conspicuous location on the device; or

(b) Using a distinctive security seal or seal press impression.

(2) The adhesive tag or label shall legibly show at least the serviceperson registration number, business telephone number and date of service.

(3) Any security seal or seal press used to comply with subsection (1) of this section shall identify the individual registered serviceperson applying the seal.

(4) The registered service agent or serviceperson shall submit a copy of the tag or label, seal or seal press identification mark to the department at time of registration.

(((5) The above requirements will be effective May 1, 2001.))

[Statutory Authority: RCW 19.94.010, 19.94.190. 00-22-072, 16-663-140, filed 10/30/00, effective 11/30/00.]

Washington State Code Reviser's Office