WSR 97-24-066

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[Filed December 2, 1997, 9:52 a.m.]

Date of Adoption: December 2, 1997.

Purpose: To establish a penalty matrix relative to violations of the apiary statute fees, as well as establishing a fee for bee broker registration.

Statutory Authority for Adoption: RCW 15.60.025 and 15.60.170(2).

Adopted under notice filed as WSR 97-20-152 on October 1, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 3, amended 0, repealed 0.

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

December 2, 1997

Jim Jesernig

Director

NEW SECTION

WAC 16-602-026 Broker registration fees. In accordance with RCW 15.60.050, there is assessed an annual broker registration fee of $100 due and payable to the department on April 1 of each year. If a person registers as both a broker and an apiarist, only one of the registration fees shall be owed. The lesser of the two registration fees shall be waived.

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NEW SECTION

WAC 16-602-045 Civil penalty authority and application. (1) The statutory authority for the assessment of civil penalties for violations of the Apiaries act is located in RCW 15.60.170.

(2) The assessment of civil penalties will be in accordance with Chapter 43.05 RCW, Technical Assistance Programs, and Chapter 34.05, the Administrative Procedure Act, and Chapter 15.60 RCW, Apiaries.

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NEW SECTION

WAC 16-602-050 Types of offenses and level of civil penalty assessment. (1) Violations of the Apiaries act include, but are not limited to:

(a) Failure to register as a resident or non-resident apiarist (reference WAC 16-602-025 and RCW 15.60.050):

(b) Failure to register as a broker (reference WAC 16-602-026 and RCW 15.60.050);

(c) Failure to remit apiary registration fees (reference WAC 16-602-025 and RCW 15.60.050);

(d) Failure to remit broker registration fees (reference WAC 16-602-026 and RCW 15.60.050);

(e) Failure to remit pollination service fees (reference WAC 16-602-027 and RCW 15.60.040);

(f) Failure to mark apiaries in accordance with WAC 16-602-040 (reference RCW 15.60.020);

(g) Altering an official certificate or other official inspection document or misrepresenting a document, as described in RCW 15.60.150(2).

(2) The level of civil penalty assessed for each individual violation shall be as follows:

First violation $100

Second violation $500

Third and each subsequent violation $1,000