WSR 10-03-050

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 15, 2010, 9:03 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-24-116.

Title of Rule and Other Identifying Information: Chapter 16-92 WAC, Notices of infraction -- Penalty schedule.

Hearing Location(s): Kittitas County Event Center, Heritage Center, 512 North Poplar Street, Ellensburg, WA 98926, on February 23, 2010, at 10:00 a.m.; and at the Natural Resources Building, 1111 Washington Street S.E., Second Floor Conference Room 259, Olympia, WA 98504, on February 26, 2010, at 10:00 a.m.

Date of Intended Adoption: March 8, 2010.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., February 26, 2010.

Assistance for Persons with Disabilities: Contact WSDA receptionist by February 19, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: During the 2009 legislative session, the Washington state department of agriculture (WSDA) was given authority to issue notices of and enforce civil infractions for any person found transporting livestock on the public roads of this state without a valid health certificate or permit and to any person who knowingly transports or accepts delivery of live nonambulatory livestock. WSDA is considering developing a new WAC within TITLE 16 WAC that would describe the department's penalty schedule for violations of RCW 16.36.116, and the monetary amount per violation.

Reasons Supporting Proposal: Having the ability to issue civil infractions for violations of chapter 16.36 RCW will serve as a deterrent for further violations of the state's animal health requirements, which will protect Washington state's livestock industry and the health, safety, and welfare of the state's citizens.

Statutory Authority for Adoption: Chapters 16.36 and 34.05 RCW.

Statute Being Implemented: Chapter 16.36 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 and Implementation: Paul Kohrs, DVM, Olympia, (360) 902-1835; and Enforcement: Leonard Eldridge, DVM, Olympia, (360) 902-1889.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they are negligible costs on the regulated industry and, therefore a formal SBEIS is not required.

A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

January 15, 2010

Robert W. Gore

Deputy Director

OTS-2697.1

Chapter 16-92 WAC

NOTICES OF INFRACTIONS -- PENALTY SCHEDULE


NEW SECTION
WAC 16-92-005   Purpose.   The purpose of this chapter is to provide for fair and uniform determination of penalties for civil infractions issued under RCW 16.36.116.

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NEW SECTION
WAC 16-92-020   Penalty schedule for notices of infraction.   (1) If any person is in violation of RCW 16.36.116, the director may issue that person a notice of infraction and may assess a penalty.

(2) The following infractions have the base penalty listed, not including statutory assessments.


Civil Infraction Schedule for Violations of Chapter 16.36 RCW

Violation Base Penalty
RCW 16.36.116

WAC 16-54-030

Transporting livestock on the public roads of this state without a valid health certificate or permit as required under chapters 16.36 RCW and 16-54 WAC.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.36.116 Transporting or accepting delivery of live nonambulatory livestock to, from, or between any livestock market, feedlot, slaughtering facility, or similar facility that trades in livestock.*
First offense $250.00
2nd offense within three years $500.00
3rd offense within three years $1,000.00

* The transport or acceptance of each nonambulatory livestock animal is considered a separate and distinct violation.

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Washington State Code Reviser's Office