Title of Rule: WAC 16-470-911 Schedule of fees and charges--Applicable fees and charges--Effective July 1, 1999.

Purpose: This rule establishes a fee schedule for plant pathology laboratory diagnostic services and was last amended effective July 1, 1999. The changes proposed for expedited adoption reduce two fees that were inadvertently raised beyond the fiscal growth factor in the changes effective July 1, 1999. These two erroneous fee amount were never utilized or charged.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Summary: This proposal reduces two fees. Two inadvertent typographical errors in the text of rules effective on July 1, 1999, led to adoption of two fees, both of which were above the amount allowed for the fiscal growth factor for fiscal year 2000. Neither erroneous fee amount has been charged or utilized by the department. This proposal reduces the two fees to within the fiscal growth factor, correcting the technical errors.

Reasons Supporting Proposal: Although these two fee amounts have never been utilized or charged by the department, the rule must be amended by reducing these fees in order to bring it into compliance with current law.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

Name of Proponent: Washington State Department of Agriculture, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes a fee schedule for plant pathology laboratory diagnostic services and was last amended effective July 1, 1999. The changes proposed in this filing for expedited adoption reduce two fees that were inadvertently raised beyond the fiscal growth factor in the changes effective July 1, 1999. These two erroneous fee amounts were never utilized or charged. Since they have never been utilized, there are no anticipated effects on the public or on people who voluntarily utilize this service. (Use of WSDA plant pathology diagnostic services is not mandated and submission of samples is entirely voluntary.) The only anticipated effect of this rule change is to bring the rule into technical compliance with existing law.

Proposal Changes the Following Existing Rules: The rule establishes a fee schedule for plant pathology laboratory diagnostic services and was last amended effective July 1, 1999. The changes proposed in this filing for expedited adoption reduce two fees that were inadvertently raised beyond the fiscal growth factor in the changes effective July 1, 1999. One of the two erroneous fees exceeds the acceptable amount by one cent, and the other by $2.05. These two erroneous fee amounts were never utilized or charged.

September 1, 1999

Mary A. Martin Toohey

Assistant Director

(1) Hourly rate

(a) Business hours . . . . . . . . . . . . $26.90

(b) Nonbusiness hours (see WAC 16-407-905) . . . . . . . . . . . . $34.40

(2) Laboratory diagnostic services, except as provided in subsection (3) or (4) of this section, are charged at the applicable hourly rate plus materials.

(3) Plant pathology laboratory diagnostic fees are as follows:

Identity Determi- nation	1 sample	5 samples	10 samples	50 samples	100+samples
virus	$80.70 ea	(($59.20)) $59.15 ea	$45.20 ea	$17.20 ea	$ 2.65 ea
bacteria	((37.65)) 35.60 ea	34.40 ea	32.25 ea	31.20 ea	31.20 ea
fungus	37.65 ea	32.25 ea	31.20 ea	30.10 ea	27.90 ea
nematode	27.90 ea	25.80 ea	23.65 ea	23.65 ea	21.50 ea

Note:

To receive volume rates, samples must be submitted as a unit and identification request must be for one specific virus, bacterium, fungus, or nematode.

(4) For large projects, the department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate.

[Statutory Authority: Chapter 17.24 RCW.  99-12-035, § 16-470-911, filed 5/26/99, effective 6/26/99.]

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