PROPOSED RULES
Continuance of WSR 00-13-031.
Preproposal statement of inquiry was filed as WSR 99-11-058.
Title of Rule: Rules relating to the pesticide penalty matrix, WAC 16-228-1100 [16-228-1110] through 16-228-1160 [16-228-1155].
Purpose: The rule ensures a fair and uniform method when assessing penalties for violations of the pesticide laws and rules. The proposed changes simplify and provide additional clarification to the existing rule. Changes will also provide an increased level of deterrence.
Statutory Authority for Adoption: Chapters 15.58 and 17.21 RCW.
Statute Being Implemented: Chapters 15.58 and 17.21 RCW.
Summary: The primary purpose of these rules is to clarify and simplify the existing matrix. This is accomplished in part by consolidating the existing two matrices into one and eliminating the knowledge element as a factor. The amendments repeal the first level of violation, leaving only four levels on the matrix. The amendments also clearly separate days of license suspension from monetary fines by adding the words and/or in the first level of violation providing flexibility for the Washington State Department of Agriculture to seek both a civil penalty, a license suspension or both depending on the violation. Additional changes proposed include adding specific language concerning the length of license revocation, new language to address violations committed during a license suspension/revocation, and a new section concerning licensing actions only.
Reasons Supporting Proposal: To provide clarification, to update and adjust penalties; and to increase deterrence effectiveness.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cliff Weed, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2036.
Name of Proponent: Department of Agriculture, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The penalty matrix rule was originally established to provide an effective deterrent in relationship to the nature and magnitude of the violation. Specifically, the proposed changes to the rule clarify the manner in which a penalty is accessed. The changes also provide for slightly higher civil penalties and license suspensions. The proposal allows for the revocation of a license sooner than allowed by the existing matrix. The proposed changes will provide a greater level of deterrence and allow the department a better method to deal with repeat violators in a more effective manner.
Proposal Changes the Following Existing Rules: Definitions of "knowingly" and "unknowingly" are repealed, definitions of "civil penalty," "technical assistance" and "notice of correction" are added. A provision (aggravating factor) is added for "Actions against licenses only" without also seeking a civil penalty. Two penalty assignment schedules are combined into one schedule, the first level of violation is repealed, and penalty determination is clarified. A new section is added to clarify notices of correction. Other proposed changes include adding specific language concerning the length of license revocation, new language to address violations committed during a license suspension/revocation, and a new section concerning licensing actions only.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The imposition of civil penalties and/or license suspension on violators of the state pesticide laws and rules does not disproportionally impact small businesses. There is nothing mandatory in these rules that would require any business to expend additional funds to comply with these rules. Rather, the only way businesses will be affected by these rules would be if they violated the pesticide laws and rules. Therefore, no economic impact consideration is necessary.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.
Hearing Location: DIS Interactive Technologies, 1107 S.W. Grady Way, Suite 112, Renton, WA 98055, on September 26, 2000, at 6:00 p.m.
Assistance for Persons with Disabilities: Contact Laurie Mauerman by September 15, 2000, TDD (360) 902-1996.
Submit Written Comments to: Cliff Weed, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by September 27, 2000.
Date of Intended Adoption: October 18, 2000.
August 18, 2000
Bob Arrington
Assistant Director