WSR 09-20-047

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 1, 2009, 8:12 a.m. , effective November 1, 2009 ]


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

Purpose: This rule-making order amends WAC 16-623-010 by increasing the licensing fees for commission merchants, dealers, limited dealers, brokers, cash buyers, and agents. During the 2009 legislative session, the Washington state legislature authorized (as required by Initiative 960) the Washington state department of agriculture to increase the commission merchant licensing fees as necessary to meet the actual costs of conducting business (see chapter 564, Laws of 2009).

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

Statutory Authority for Adoption: RCW 20.01.020 and 20.01.040; chapter 34.05 RCW; and chapter 564, Laws of 2009.

Adopted under notice filed as WSR 09-17-126 on August 19, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 1, 2009.

Dan Newhouse

Director

OTS-2624.1


AMENDATORY SECTION(Amending WSR 07-13-097, filed 6/20/07, effective 7/21/07)

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 $((474.00)) 560.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Dealer $((474.00)) 560.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Limited dealer $((263.00)) 310.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Broker $((316.00)) 375.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Cash buyer $((105.00)) 125.00 December 31 Before January 1 A late renewal penalty of twenty-five percent of the total fees
Agent $((52.00)) 61.00 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.asp)).

[Statutory Authority: Chapters 20.01 and 34.05 RCW. 07-13-097, 16-623-010, filed 6/20/07, effective 7/21/07. 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