WSR 98-24-025



[Filed November 23, 1998, 9:14 a.m.]

Suspension of Marketing Order Rules Pertaining to Assessments for the Washington State Egg Commission - January 1, 1999 through December 31, 1999

The chairman of the Washington Egg Commission ("WEC"), in a letter dated September 29, 1998, requested a suspension of the marketing order rules pertaining to the annual assessment on all eggs contained in WAC 16-514-040. I have reviewed the chairman's request, as well as the minutes of the WEC board meeting of September 23, 1998, where the proposed suspension was discussed and voted on by the WEC. Based on this documentation, I have decided to act on the requested suspension.

RCW 15.65.180(2) allows the director of the Department of Agriculture to "[s]uspend any such [marketing] agreement or order or term or provision thereof for a period not to exceed one year, if he finds that such suspension will tend to effectuate the declared policy of this chapter: PROVIDED, That any such suspension of all or substantially all of such agreement or order shall not become effective until the end of the then current marketing season."

In addition, when the director determines, with the advice of the commodity board, that such a suspension would achieve the declared policy of chapter 15.65 RCW, the provisions for conducting public hearings may be waived. RCW 15.56.180.

I have determined that suspension of the annual assessment on all eggs will accomplish the stated policy of chapter 15.65 RCW. The WEC operates on a fiscal-year basis rather than a marketing season, and RCW 15.65.180 requires any suspension to be confined to one-year beginning at the end of the current marketing season. I am, therefore, suspending the annual assessment of the Washington Egg Commission for a period of one year beginning January 1, 1999, and ending December 31, 1999.

Even though the public hearing process may [be] waived under RCW 15.65.180, I ask that this finding be published in the Washington State Register.

Jim Jesernig


Legislature Code Reviser 


Washington State Code Reviser's Office