PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: The department is considering amending chapter 16-240 WAC, proposes to adjust grain inspection program fees outlined in chapter 16-240 WAC, WSDA grain inspection program -- Definitions, standards, and fees, to adequately recover the cost of providing inspection services.
Statutes Authorizing the Agency to Adopt Rules on this Subject: 3ESBH [3ESHB] 2127, chapter 7, Laws of 2012 2nd sp. sess. PV; chapter 22.09 RCW, Agricultural commodities; chapter 34.05 RCW, Administrative Procedure Act; RCW 22.09.790 Inspection or grading of commodities -- Fees and charges.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The grain inspection program is supported entirely by the rendering of inspection services. RCW 22.09.790 Inspection or grading of commodities -- Fees and charges, authorize the department to:
| • | Set the fee for inspection, grading, and weighing of the commodities included under the provisions of this chapter and mandates that these fees must be sufficient to cover the cost of services provided. |
| • | Make any tests relating to grade or quality of commodities covered by this chapter; inspect and approve facilities and vessels to be used in transporting such commodities; provide any other necessary services; and set reasonable fees for such services. |
| • | Adjust the fees collected under this chapter in order to meet the expenses necessary to carry out the provisions of this chapter, and allows the department to prescribe a different scale of fees for different localities. |
| • | If necessary, establish a reasonable charge, in addition to the regular grain inspection program fees, for service performed at places other than terminal warehouses in order to avoid rendering the services at a loss to the state. |
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Services (USDA, GIPSA, FGIS) must approve changes in the WSDA grain inspection program's fee schedule.
Process for Developing New Rule: Grain inspection program staff will develop the proposed fee increases based upon program needs in consultation with the grain inspection program advisory committee.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Keith Angerman, Program Manager, Grain Inspection Program, Commodity Inspection Division, 11 Schuster Parkway, Tacoma, WA 98402-5310, phone (253) 593-2064, fax (253) 722-5104, TDD (360) 902-1996, e-mail kangerman@agr.wa.gov. The public may submit written comments during the public comment period and participate in the public hearing process.
May 23, 2012
Brad J. Avy
Assistant Director