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

     Purpose: WAC 16-531-010 implements rules that govern promotional hosting expenditures by the newly-created Washington grain commission. SHB 1254, chapter 33, Laws of 2009 replaced the wheat commission and barley commission with the Washington grain commission (codified in chapter 15.115 RCW). Both the wheat and barley commission had rules regarding promotional hosting (per RCW 15.04.200). Without any material change, these rules adopt for the grain commission the promotional hosting rules that were in effect for the wheat and barley commissions.

     Statutory Authority for Adoption: RCW 15.04.200 and 15.115.140.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 09-21-089 on October 20, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

     Date Adopted: December 23, 2009.

Thomas Mick

Chief Executive Officer

OTS-2748.1

     (1) Budget approval. Commission expenditures for agricultural development or trade promotion and promotional hosting shall be pursuant to specific budget items as approved by the commission at annual public hearings on the commission budget.

     (2) Officials and agents authorized to make expenditures. The following officials and agents are authorized to make expenditures for agricultural development or trade promotion and promotional hosting in accordance with the provisions of these rules.

     (a) Commissioners;

     (b) Chief executive officer;

     (c) Vice-president;

     (d) Program director;

     (e) Director of communications.

     Individual commissioners shall make promotional hosting expenditures, or seek reimbursements for those expenditures, only in those instances where the expenditures have been approved by the commission.

     (3) Payment and reimbursement. All payments and reimbursements shall be identified and supported by vouchers to which receipts are attached. Voucher forms will be supplied by the commission, and shall require the following information:

     (a) Name and position (if appropriate) of each person hosted;

     (b) General purpose of the hosting;

     (c) Date of hosting;

     (d) Location of the hosting;

     (e) To whom payment was or will be made;

     (f) Signature of person seeking payment or reimbursement.

     (4) The chair of the commission, chief executive officer, and/or treasurer are authorized to approve direct payment or reimbursements submitted in accordance with these rules: Provided, That the chair, chief executive officer and treasurer are not authorized to approve their own vouchers.

     (5) The following persons may be hosted when it is reasonably believed such hosting will cultivate trade relations and promote sales of wheat or barley/malting barley or processed wheat or barley products: Provided, That such hosting shall not violate federal or state conflict of interest laws:

     (a) Individuals from private business, associations, commissions, and accompanying interpreter(s);

     (b) Foreign government officials and accompanying interpreter(s);

     (c) Federal and state officials: Provided, That lodging, meals, and transportation will not be provided when such officials may obtain full reimbursement for these expenses from their government employer;

     (d) The general public, at meetings and gatherings open to the general public;

     (e) Commissioners and employees of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (d) of this subsection are being hosted, will cultivate trade relations and promote sales of wheat or barley/malting barley or processed wheat or barley products;

     (f) Spouses of the persons listed in (a), (b), (c), and (e) of this subsection when attendance of such spouse is customary and expected or will serve to cultivate trade relations, or promote the sale of wheat or barley/malting barley or processed wheat or barley products.

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