WSR 09-03-022

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 9, 2009, 2:43 p.m. , effective February 9, 2009 ]


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

Purpose: During the 2008 legislative session, the Washington state department of agriculture (WSDA) was given authority to establish fees by rule for certain requested services; (1) establishment and inspection of animal holding facilities; (2) inspection and monitoring of animals in animal holding facilities; and (3) special inspections of animals or facilities at the request of the owner. The department developed a new chapter within TITLE 16 WAC that describes the department's process in assessing fees for such requested services.

Statutory Authority for Adoption: Chapter 16.36 RCW.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 08-23-078 on November 18, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 7, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 7, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 7, Amended 0, Repealed 0.

Date Adopted: January 9, 2009.

Robert W. Gore

Acting Director

OTS-2044.1

Chapter 16-91 WAC

REQUESTED ANIMAL SERVICES AND HOLDING FACILITIES -- FEES


NEW SECTION
WAC 16-91-005   Purpose of rule.   The purpose of this rule is to establish a schedule as authorized in RCW 16.36.023 for fees charged to animal owners or other interested persons when requesting:

(1) The establishment and inspection of restricted holding facilities (also known as animal holding facilities) authorized under this chapter and chapter 16-30 WAC;

(2) The inspection and monitoring of animals in authorized restricted holding facilities; and

(3) Special inspections of animals or animal facilities that the director may provide.

As provided by RCW 16.36.023, the fees in this chapter, as closely as practicable, cover the cost of the service provided.

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NEW SECTION
WAC 16-91-010   Services provided under this chapter.   The following services may be provided under this chapter:

(1) Inspections related to establishment and monitoring of restricted holding facilities under chapter 16-30 WAC.

An inspection of the premises is required upon application for license to establish a restricted holding facility and with annual renewal of that license. The inspection may include, but is not limited to, the evaluation of compliance capabilities with isolation requirements, biosecurity protocols, sanitation practices, recordkeeping, and overall health of animals in quarantine.

(2) Inspections related to the monitoring of animals held in a licensed restricted holding facility. Inspections may include, but are not limited to, follow-up activities or investigations related to confirmatory disease testing, mortality review, recordkeeping compliance (hold order, test chart submission, etc.), and overall health of the animals.

(3) Special inspections of animals or animal facilities at the request of the animal owner or interested persons. Special inspections may include, but are not limited to, visual inspections of biosecurity and sanitation conditions, rodent control, and overall animal health. Time may also be spent safely handling and sampling animals for disease testing.

(4) Other special inspections may be provided upon request and at the discretion of the director.

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NEW SECTION
WAC 16-91-020   Restricted holding facility license.   (1) An initial application fee of two hundred dollars is established for licensure of a restricted holding facility. The fee for the initial inspection is at the rates set in WAC 16-91-040. There is a renewal fee of one hundred dollars for the license and the applicable fee for the annual inspection of the facility. To implement the rule, the first expiration date of the license will be June 30, 2010, and June 30 every year after.

(2) Information about the application process and the standards for issuing a license to a restricted holding facility are found in chapter 16-30 WAC.

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NEW SECTION
WAC 16-91-030   Requesting services from the department.   Inspections for services under this chapter are provided at the discretion of the department based on availability of staff and priorities. The department is not obligated to provide an inspection in response to a request. An applicant must place a service request in order to ensure staffing.

(1) Service requests must be received by the state veterinarian's office two business days prior to the date of the requested service.

(a) The notification requirement allows the department to secure adequate staffing to supply the requested service and to accommodate leave or adjust staffing for anticipated workloads.

(b) The notification requirement applies even if there is permanent staffing at the location.

(c) Failure to meet the notification requirement may result in denial of service.

(2) Service requests beyond the office's usual scope or volume will be provided only if adequate numbers of qualified employees are available.

(3) The department reserves the right to determine the number of personnel necessary to provide the requested service.

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NEW SECTION
WAC 16-91-040   Fee schedule for inspection services provided.   (1) Requested services during normal business hours are provided at the hourly rate per inspector of eighty-five dollars per hour. In addition, the current mileage and per diem rates as established by the Washington state office of financial management (OFM) will be charged for travel.

(2) The hourly charge is assessed in one-half hour increments. The charges are incurred starting when staff leave their official work station and ending on return to their official work station.

(3) The hourly rate will be one hundred dollars for services provided during nonbusiness hours. Nonbusiness hourly rates apply for services provided before 8:00 a.m. or after 5:00 p.m. during the weekday and for services provided on Saturday, Sunday, or recognized state government holidays listed in RCW 1.16.050.

(4) Persons requesting service with less than two business days notice may be subject to a charge of two additional hours at the applicable hourly rate.

(5) If staff must provide service at multiple locations, the final billings will be prorated accordingly.

(6) The department will recoup at cost, from the person requesting the service, expenses for unforeseen items necessary to complete the inspection service.

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NEW SECTION
WAC 16-91-050   Testing fees.   The cost of any testing of animals is a separate expense that is the responsibility of the animal owner and is not included in the charge for services under this chapter.

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NEW SECTION
WAC 16-91-060   Billing and payment process.   (1) The department will bill the parties requesting services for services rendered.

(2) The fees are due and payable upon billing.

(3) A late fee of one percent per month on the unpaid balance will be assessed against persons more than thirty days in arrears.

(4) In addition to other penalties, the director may refuse to perform any inspection or services provided under this chapter for any person in arrears unless the person makes payment in full prior to such inspection or certification service.

(5) Accounts that become ninety or more days 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.

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Washington State Code Reviser's Office