WSR 24-20-132
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-219—Filed October 1, 2024, 4:14 p.m., effective October 1, 2024, 4:14 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: (1) Allows the department of fish and wildlife (department) to continue to use contracted crop damage claim adjusters. To do so, the department must establish updated certification and experience standards for department contracted crop adjusters.
(2) Follows 2024 legislative SSB 5784, changing the value limits of an appeal.
Citation of Rules Affected by this Order: Amending WAC 220-440-150 and 220-440-180.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This emergency rule is necessary: (1) Because of a change in the availability of federal crop insurance, continuing education training for crop adjusters has resulted in the department being unable to comply with existing rule. This has rendered the department unable to assess crop damage claims by current department contracted adjusters. This change will allow for substitution of experience for the federal license and allow claims to continue to be processed with only a state license.
(2) To comply with recently enacted state statutes resulting from SSB 5784.
This emergency rule was first filed on May 31, 2024, under WSR 24-12-051, and is being extended to provide coverage while the permanent rule is being developed. The permanent rule making related to this emergency rule was filed under WSR 24-16-048 on July 30. 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 1, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-440-15000BApplication for cash compensation for commercial crop damage—Procedure.
Notwithstanding the provisions of WAC 220-440-150, effective immediately, until further notice, WAC 220-440-150 subsection (7)(a) shall be modified as described below. All other provisions of WAC 220-440-150 not addressed herein remain in effect unless otherwise amended by emergency rule:
The claimant must submit a damage claim assessment prepared by a crop insurance adjustor licensed by the state of Washington and certified by the federal crop insurance service, or by a crop adjuster who is under contract with the department that has a current State of Washington insurance adjuster license and a minimum of 10 years of verifiable deer and elk caused crop damage investigation experience which may substitute for the additional federal crop insurance certification.
NEW SECTION
WAC 220-440-18000BApplication for cash compensation for livestock damage or domestic animal—Procedure.
Notwithstanding the provisions of WAC 220-440-180, effective immediately, until further notice, subsections (8) and (12) of WAC 220-440-180 shall be modified as described below. All other provisions of WAC 220-440-180 not addressed herein remain in effect unless otherwise amended by emergency rule:
(8) Subject to funds appropriated to pay for livestock or guard dog losses, undisputed claims will be paid up to the limits in RCW
77.36.130.
(12) Upon completion of an evaluation, the department will notify the claimant of its decision to either deny the claim or make a settlement offer (order). The claimant has sixty days from the date that the offer is received to accept, sign, and mail to the department the original offer for settlement of the claim. If the claimant wishes to appeal the offer, the claimant must request an informal resolution or adjudicative proceeding as described in WAC 220-440-230 up to the limit set forth in RCW
77.36.130.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.