WSR 15-14-132

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 1, 2015, 11:34 a.m.]

Subject of Possible Rule Making: Chapter 16-623 WAC, Commission Merchant Act—Licensing fees, proof of payment, cargo manifests and registration of acreage commitments. The department is considering amending the existing rule to change the annual expiration date for commission merchant, dealer, limited dealer, broker, cash buyer, and agent licenses. Expiration dates under consideration are March 31 or April 30 and renewal dates are April 1 and May 1 respectively.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 20.01.020, 20.01.040, 20.01.100, and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 20.01.040 authorizes the director to require renewal of licenses on or before a date prescribed by the director in rule. The current expiration date of December 31 creates inconvenience and difficulty for licensees to accurately report net proceeds due consigners and to promptly obtain adequate bonding. The program withholds licenses and issues notices of correction to approximately twenty-five percent of the licensees because they fail to report net proceeds due or because their bonds are inadequate for the amounts reported. Setting the expiration date to March 31 or April 30 will enable licensees to accurately determine net proceeds due consigners, enable licensees to correct the bond amounts in time for renewal, and greatly reduce the program's administrative workload.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Brad White, Assistant Director, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail bwhite@agr.wa.gov; or Jerry Buendel, Agricultural Investigations Program Manager, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1856, fax (360) 902-2094, e-mail jbuendel@agr.wa.gov.

July 1, 2015

Brad White

Assistant Director