WSR 02-13-113

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed June 19, 2002, 8:48 a.m. ]

Subject of Possible Rule Making: Creation of a procedure to uniformly and fairly assess penalties for violations of the fertilizer law (chapter 15.54 RCW) and the rules adopted under it.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 15.54 RCW, the Fertilizer Regulation Act and chapter 34.05 RCW, the Administrative Procedure Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 15.54.474 states that every person who fails to comply with the chapter or rules adopted under it may be subject to a civil penalty in an amount not to exceed $7,500 per violation. The development of rules are necessary to ensure that penalties are assessed uniformly and fairly.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: An ad hoc committee of the fertilizer advisory committee and other interested parties will aid in the development of the new rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ted Maxwell, Program Manager, Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42589, Olympia, WA 98504-2589, fax (360) 902-2093, e-mail tmaxwell@agr.wa.gov.

June 19, 2002

Bob Arrington

Assistant Director

Washington State Code Reviser's Office