WSR 10-07-025

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 8, 2010, 11:42 a.m. , effective April 8, 2010 ]


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

Purpose: During the 2009 legislative session, the department 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. The department developed a new chapter within TITLE 16 WAC that describes the department's penalty schedule.

Statutory Authority for Adoption: Chapter 16.36 RCW.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 10-03-050 on January 15, 2010.

Changes Other than Editing from Proposed to Adopted Version: Added the word "imported" in WAC 16-92-020 Base penalty table and added the words "animal importation" after chapter 16-54 WAC, for clarification.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.

Date Adopted: March 8, 2010.

Dan Newhouse

Director

OTS-2697.2

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 imported 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, Animal importation.
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