WSR 08-15-114

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 18, 2008, 3:38 p.m. ]

Title of Rule and Other Identifying Information: Chapter 16-674 WAC, Weights and measures -- Exemptions, weighmasters and device registration. The department is proposing to delete the fees related to weighmaster licensing 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 fees related to weighmaster licensing from rule. These fees are specified in RCW 15.80.450, [15.80.]470, [15.80.]490, and [15.80.]520. During the 2006 legislative session, the Washington state legislature increased the weighmaster application fee and weigher fee (see chapter 358, Laws of 2006). The department is proposing to remove the fees related to weighmaster licensing (annual application fee, weigher fee, seal rental fee, replacement seal fee, and late renewal penalty fee) from rule since they are all 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 weighmaster license fees listed in both statute and rule is redundant.

Statutory Authority for Adoption: Chapter 15.80 and 34.05 RCW.

Statute Being Implemented: Chapter 15.80 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-1735.1


AMENDATORY SECTION(Amending WSR 02-15-141, filed 7/22/02, effective 8/22/02)

WAC 16-674-030   Weighmaster license issuance, expiration and fees.   (1) Weighmaster licenses issued under RCW 15.80.460 shall expire on June 30th following the date of issuance.

(2) Upon expiration, suspension or revocation of the license, the weighmaster must surrender their impression seal to the director or his/her representative within ten days if they do not renew their license, if their license is suspended or if their license is revoked. The seal may be surrendered by sending the seal to the department or by surrendering the seal to the director or his/her duly appointed representative.

(3) Businesses or individuals applying to renew their license or applying for their initial license with the department must have a current bond in the amount ((of one thousand dollars)) specified in RCW 15.80.480 and that bond must remain in force and effect for not less than the entire licensing period.

(4) Weighing and measuring devices used by weighmasters are considered to be in commercial use and must be registered. Registrations are accomplished through the department of licensing as part of the master license service under chapter 19.02 RCW.

(5) Proof of a scale test within the last twelve months must be submitted with the application.

(6) Applications must be submitted with the proper fees as specified in chapter 15.80 RCW.

(7) ((Fees for weighmasters are as follows:


((Item Fee
Annual application $ 20.00
Each weigher $ 5.00
Each seal rental $ 5.00
Replacement seal $ 25.00
Late renewal penalty 50% of total renewal fee))

(8))) Applications received without subsections (3), (4), (5) and (6) of this section will be considered incomplete applications and will be returned to the applicant.

[Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. 02-15-141, 16-674-030, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. 91-16-005 (Order 2091), 16-674-030, filed 7/25/91, effective 8/25/91.]


AMENDATORY SECTION(Amending WSR 02-15-141, filed 7/22/02, effective 8/22/02)

WAC 16-674-055   Weighing and measuring devices.   (1) Weighing and measuring devices used by weighmasters must meet all legal requirements for commercial weighing and measuring devices.

(2) ((Effective September 1, 2002,)) Weighmaster scales must be tested not less than every twelve months and must conform to the tolerances and specifications in the edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," adopted by the department in chapter 16-662 WAC. Inspections must be performed by either service agents registered with the department or by the department. The department is under no obligation to provide this inspection service.

(3) A legible copy of the current scale inspection and current master business license must be maintained at the same site as the scale and must be immediately made available to the director or his representative upon request.

[Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. 02-15-141, 16-674-055, filed 7/22/02, effective 8/22/02.]

Washington State Code Reviser's Office