Purpose: The purpose of this rule is to adjust the grain inspection fee schedule relative to overtime, hourly rates, and charges per hundredweight within the fiscal growth rate factors allowable under Initiative 601. Improvements were made to the format and layout of the document as well.

Citation of Existing Rules Affected by this Order: Amending 5 [WAC 16-212-030, 16-212-060, 16-212-070, 16-212-080, and 16-212-082].

Statutory Authority for Adoption: RCW 22.09.790.

Adopted under notice filed as WSR 98-07-106 on March 18, 1998.

Changes Other than Editing from Proposed to Adopted Version: Overtime and hourly rates will be increased by the fiscal growth rate factor for fiscal year 1998 only. Weekly averaging will not be eliminated.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 5, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 5, repealed 0.

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

May 29, 1998

James M. Jesernig

Director

WAC 16-212-030  General provisions for hourly charges.

This hourly rate ((shall be applied on any job where the fee is)) will be applied in any situation where the fees generated are not sufficient to provide revenue ((of $24.50 per hour)) equivalent to the published hourly rate, per employee, including applicable supervisory and clerical hours, and where no other hourly rate ((or)), fee, guarantee of expenses or contractual agreement exists or is specified in ((the)) this schedule of fees and charges. Whenever the lot size or workload is not of sufficient size to generate (($24.50 per hour)) revenue equivalent to the published hourly rate, per employee, an additional fee shall be assessed so that total revenue generated is equal to the (($24.50 rate:)) published hourly rate, per employee: Provided, That such revenue insufficiency may be established on the basis of the average hourly revenue generated at the worksite over the Monday through Sunday work week, upon written request of the applicant for service. In the absence of such request, fees shall be assessed on a daily basis.

Whenever a service is requested before or after regularly scheduled working hours, Monday through Friday, or anytime on Saturdays, Sundays or holidays, a fee of (($6.40)) $6.65 per hour, per employee, including applicable supervisory and clerical hours, shall be charged in addition to the regular inspection and weighing fees.

(a) Requests for service on Saturdays, Sundays, or holidays, or for work shifts other than ((8:00 a.m. to 5:00 p.m.)) the inspection office's established standard workday hours, Monday through Friday, must be received by the inspection office no later than ((4:00 p.m.)) two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the requested service. When the request is not received ((by 4:00 p.m.)) within the established time frames, service will be provided where personnel are available, but an additional fee of (($4.25)) $4.42 per hour, per employee, will be assessed for ((that shift)) the hours of the requested service.

(b) Requests for service which ((is)) are beyond the scope or volume normally provided at an inspection site must be received by the inspection office no later than ((4:00 p.m.)) two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the date of the requested service in order for the department to guarantee to have adequate staff available to perform the service.

(c) Whenever an employee is ((called from home after regular working)) notified after leaving the worksite to return to a worksite after the inspection office's established standard workday hours, or on a Saturday, Sunday or holiday, ((a minimum of)) two additional hours ((shall)) per employee, will be charged at the rate of (($10.70 per hour)) $11.10 per hour and added to other fees charged.

(d) Scheduled night shifts.

((At all designated inspection points, for night shifts, Monday through Friday (usually from 6:00 p.m. to 3:00 a.m.) that are, or will be, continuous for a period of one month or longer, with only an occasional work stoppage, additional overtime fees per hour will not apply.))

(i) The department ((shall)) must be given at least seven calendar days notice, in writing, to establish a scheduled night shift. If the full seven-day notice is not given, a fee of (($6.40)) $6.65 per hour, per employee ((shall)) will be assessed until the seven day notice period has elapsed.

(ii) The department shall be given at least twenty-one calendar days' notice, in writing, of cancellation of any scheduled night shift operation. If ((such)) the full twenty-one day notice is not given, a fee of (($6.40)) $6.65 per hour, per employee, ((shall)) will be assessed for each hour under the regular night shift schedule that would have been worked until the twenty-one day notice period has elapsed.

Whenever a service is requested before or after ((working hours)) the inspection office's established standard workday, Monday through Friday or anytime on Saturdays, Sundays or holidays, and service cannot be performed through no fault of the department, ((a minimum of)) four hours at the standby rate of (($26.80)) $27.85 per hour, per employee, shall be charged. Additional charges at the standby rate per hour, per employee shall be assessed for all hours over four that continue to be staffed at the request of the applicant. Whenever a service is requested before or after working hours, Monday through Friday or anytime on a Saturday, Sunday or holiday, and a cancellation of ((such)) the request is not received ((by 4:00 p.m.)) two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the requested service, the four hour standby charge ((shall)) per employee, will be ((applied)) assessed.

(4) Guarantee of expense. When a service is requested that requires assignment of personnel at a facility where the volume of work at the established fees ((may)) is not ((be)) adequate to pay the cost of providing the service, a guarantee of the expense of providing the service ((may be)) is required. These facilities may enter into agreement with the department at guaranteed staffing levels and negotiated minimum hours and unit fees.

(5) Official commercial inspection services may be provided, on-site, at the applicant's request. When appropriate space, equipment and security can be provided, the program is able to provide appropriate licensed personnel, and a guarantee of expense can be negotiated.

[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), § 16-212-030, filed 4/20/94, effective 5/21/94; 87-01-032 (Order 1913), § 16-212-030, filed 12/12/86; 84-14-065 (Order 1836), § 16-212-030, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-030, filed 3/2/83. Statutory Authority: RCW 22.09.460. 81-24-066 (Order 1751), § 16-212-030, filed 12/2/81. Statutory Authority: Chapter 22.09 RCW. 80-06-100 (Order 1705), § 16-212-030, filed 5/30/80; Order 1490, § 16-212-030, filed 3/1/77; Order 1404, § 16-212-030, filed 6/30/75; Order 1267, § 16-212-030, filed 5/31/72; Order 1118, § 16-212-030, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 3, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)

WAC 16-212-060  Official inspection and/or weighing fees under the United States Grain Standards Act.

(1) Combination inspection and weighing fees. Ships, barges, unit trains and transfers of bulk grain.

(2) Inspection only of railroad boxcars, open hopper type cars, original inspection. Sampling only services are available at the inspection only rates shown in this fee schedule.

(4) Reinspections of railroad boxcars, open-type cars, covered hopper-type cars, ship sublot samples, barge lots, truck lots, and submitted samples.

(6) Fees for laboratory determination of erucic acid, and/or glucosinolate, and/or oil content of canola, identical to the fees assessed by the Federal Grain Inspection Service.

(7) Factor analysis and/or certification.

((Provided, That on)) Submitted sample certificates of grade for ((wheat and)) barley may show, on request, dockage to the nearest one-tenth percent ((will be shown in remarks section and, for wheat)) without additional charge. Submitted sample certificates of grade for wheat may show, on request, foreign material ((shown on the factor line, when it is not a grading)) when it is not a grade determining factor, without additional charge.

(A maximum of $7.50 will be charged for ((grading factors only)) factor only certification.)

(ii) When submitted samples are not of sufficient size to provide official grade analysis, obtainable factors will be provided, upon request of the applicant, at the factor only rate.

(8) Official (((NIRR or NIRT protein))) analysis of constituents (protein, oil, etc.) by near-infrared transmittance.

When based on official sample (including new sample reinspection) add the applicable sampling charges.

(e) Thin layer chromatography determinations will be assessed at a rate identical with the fees charged by the Federal Grain Inspection Service

(13) Stowage examinations - ships, barges, or vessels.

(d) ((Stowage examinations will be made on ships or vessels at anchor in midstream when requested.

(i) It is the responsibility of the applicant to provide safe transportation by licensed tug or water taxi to and from the vessel.

(ii) A minimum of two hours of regular time at $24.50 per hour (one inspector) for general cargo vessels and a minimum of four hours of regular time at $24.50 per hour (two inspectors) shall be charged for tankers in addition to the established inspection fee.

(iii) Inspections can only be made at the convenience of the grain inspection office;, during daylight hours, under safe working conditions, when weather conditions permit.

(iv) Inspections can only be made within the area of the designated tidewater grain inspection office.

(v) A ship's or vessel's officer or company agent shall accompany the licensed shiphold inspector(s).))

Note: Stowage examinations may be conducted on vessels at anchor, at the convenience of the designated grain inspection area office, on request. Inspections at anchor will be made during daylight hours only, and only under safe working and weather conditions. The applicant is responsible for providing safe transportation to and from the vessel by licensed tug or water taxi. Two vessel or ship's agent representatives will be provided to accompany each inspector providing stowage exam services. Tanker inspections may require additional inspection personnel. When appropriate, hourly and/or minimum charges listed in the fee schedule will be assessed to the inspection and travel time charges shown in this section.

(e) A minimum of four hours per inspector at the applicable overtime rate shall also be assessed on Saturdays, Sundays, or holidays.

(14) Other stowage examinations.

[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), § 16-212-060, filed 4/20/94, effective 5/21/94; 92-15-046, § 16-212-060, filed 7/10/92, effective 8/10/92; 87-01-032 (Order 1913), § 16-212-060, filed 12/12/86; 84-14-065 (Order 1836), § 16-212-060, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-060, filed 3/2/83. Statutory Authority: RCW 22.09.460. 81-24-066 (Order 1751), § 16-212-060, filed 12/2/81. Statutory Authority: Chapter 22.09 RCW. 80-06-100 (Order 1705), § 16-212-060, filed 5/30/80; Order 1490, § 16-212-060, filed 3/1/77; Order 1404, § 16-212-060, filed 6/30/75, effective 8/1/75; Order 1267, § 16-212-060, filed 5/31/72; Order 1118, § 16-212-060, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 4, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)

WAC 16-212-070  Official services under the Agricultural Marketing Act of 1946.

(1) Inspection or analysis of graded and nongraded commodities.

(2) Weighing and combination inspection/weighing services for bulk commodities.

(3) Factor analysis.

(f) ((If official inspection is required for rapeseed, the applicable sampling only fee shall be assessed in addition to the factor analysis fee.))

Sampling only fees identified in subsection (4)(a) and (b) of this section will be assessed in addition to the factor analysis fees for rapeseed, mustard seed, confectionary sunflower seed, safflower seed, or other commodities with established FGIS factor only inspection procedures when official sampling is requested.

(4) Sampling only, bulk commodities.

(5) Processed commodity and defense personnel support center (DPSC) inspection fees.

(b) In addition to the charges, if any, for sampling and other requested service, a fee will be assessed for each laboratory analysis or test identical with the amount charged by the Federal Grain Inspection Service for laboratory tests performed under authority of the Agricultural Marketing Act and for any postage or other costs of mailing not included in these fees.

(6) Sanitation inspections,

(7) Stowage examinations under the Agricultural Marketing Act ((shall be subject to the rates, restrictions, and conditions cited in)) will be provided as per WAC 16-212-060 (13) and (14).

(8) Mycotoxin testing fees.

(b) Thin layer chromatography determinations will be assessed a rate identical with the fees charged by the Federal Grain Inspection Service.

[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), § 16-212-070, filed 4/20/94, effective 5/21/94; 92-15-046, § 16-212-070, filed 7/10/92, effective 8/10/92; 87-01-032 (Order 1913), § 16-212-070, filed 12/12/86; 84-14-065 (Order 1836), § 16-212-070, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-070, filed 3/2/83. Statutory Authority: RCW 22.09.460. 81-24-066 (Order 1751), § 16-212-070, filed 12/2/81; Order 1490, § 16-212-070, filed 3/1/77; Order 1404, § 16-212-070, filed 6/30/75, effective 8/1/75; Order 1267, § 16-212-070, filed 5/31/72; Order 1118, § 16-212-070, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 8, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 891, filed 7/2/62; Order 790, effective 9/1/59.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)

WAC 16-212-080  Miscellaneous fees.

(3) Fees for services performed at places other than established grain and commodity inspection points.

(a) Travel time, per employee, will be charged at the applicable straight time or overtime rate from office to inspection point and return.

(b) ((Car mileage will be charged at the current published department of general administration rates (WAC 82-28-080), except where suitable transportation is provided by the applicant.)) Mileage will be charged at the current general administration private vehicle mileage reimbursement rate, except where suitable transportation is provided by the applicant. Mileage is assessed on a per call, door to door basis and will be charged in addition to all other inspection fees, hourly rates and applicable charges.

(c) If the travel is of sufficient duration to require payment of subsistence or per diem to the employee, an amount equal to the established subsistence and/or per diem rate (WAC 82-28-040 and 82-28-050) shall be assessed, except where applicable subsistence and lodging are furnished, or paid, by the applicant.

(d) Incidental costs of telephone, mailing, etc. shall be at the actual cost

(4) Certificate charges for certificates under the United States Grain Standards Act or the Agricultural Marketing Act of 1946.

(6) Timely payment. Payment of fees and charges is due within thirty days after the date of the statement.

(a) If payment is not received within thirty days, service may be withheld until the delinquent account is paid; or

(b) In the case of such delinquent accounts, cash payment for subsequent service may be required; and

(c) A penalty of twelve percent per annum shall be assessed on the delinquent account balance.

[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), § 16-212-080, filed 4/20/94, effective 5/21/94; 92-15-046, § 16-212-080, filed 7/10/92, effective 8/10/92; 84-14-065 (Order 1836), § 16-212-080, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-080, filed 3/2/83. Statutory Authority: RCW 22.09.460. 81-24-066 (Order 1751), § 16-212-080, filed 12/2/81; Order 1490, § 16-212-080, filed 3/1/77; Order 1404, § 16-212-080, filed 6/30/75, effective 8/1/75; Order 1267, § 16-212-080, filed 5/31/72; Order 1118, § 16-212-080, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 9, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)

WAC 16-212-082  Fees for services performed under state regulation. (1) ((Inspection of cultivated buckwheat and safflower under Washington state standards shall be at the rate applicable of the same type of sample under the fees for services under the United States Grain Standards Act.)) Inspection of commodities under state of Washington standards or other state, national, or international standards or criteria specified by the applicant, except as noted in this section.

(c) Sampling only fees will be assessed at the rates shown in WAC 16-212-070 (4)(a) and (b) and will be assessed in addition to the sample inspection fee when lot inspection is requested.

(e) Combination inspection and weighing fees assessed at the rates shown in WAC 16-212-060 (1)(a), (b), (c), and (d).

(2) Cracked corn, corn screenings, and mixed grain screenings ((shall)) will be inspected and/or weighed ((under the tonnage rate applicable for standardized grains a per)) at applicable rates shown in WAC 16-212-060.

(4) ((Rapeseed (except canola) inspection under state standards.

(b) When sampled by official personnel, add applicable sampling only fee.