Date of Adoption: May 30, 2003.

     Purpose: The purpose of this rule-making order is to:

     (1) Repeal current chapter 16-238 WAC, WSDA Grain inspection program -- Fee schedule.

     (2) Replace current chapter 16-238 WAC with a new chapter 16-239 WAC, which contains the same requirements as chapter 16-238 WAC but presents those requirements in clear and readable language so they are easier to understand and follow. In addition, to further comply with the clarity criteria in Executive Order 97-02, the new chapter is organized and formatted so it is easier to use. For example, fee schedules are presented in a tabular format rather than the old narrative format. Because the changes in language and format are quite extensive, the program decided to repeal the current chapter 16-238 WAC and replace it with the new chapter 16-239 WAC, WSDA Grain inspection program -- Definitions, standards, fees and charges.

     (3) Increase current grain inspection fees by the OFM fiscal growth rate factors for fiscal year 2003 (3.29%) and for fiscal year 2004 (3.2%). These increases help cover the program's increased cost of doing business due to inflation and increased service requests. They are necessary so the program can continue to provide the level of service that industry expects. They are also necessary so the program can comply with RCW 22.09.790, which requires that the agency must recover the costs it incurs for inspecting, weighing and grading grain.

     Citation of Existing Rules Affected by this Order: Repealing WAC 16-238-010, 16-238-020, 16-238-030, 16-238-060, 16-238-070, 16-238-082, 16-238-090, 16-238-100, and 16-238-110.

     Statutory Authority for Adoption: RCW 22.09.790 and chapter 34.05 RCW.

      Adopted under notice filed as WSR 03-07-082 on March 18, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 52, Amended 0, Repealed 9; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 52, Amended 0, Repealed 9.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 52, Amended 0, Repealed 9.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The United States Department of Agriculture has oversight of fees charged under the federal Grain Inspection, Packers and Stockyards Administration.
     Effective Date of Rule: Thirty-one days after filing.

May 30, 2003

Valoria H. Loveland

Director

OTS-6168.3

     "Fee" means any charge made by the department for:

     (1) Inspecting and handling any commodity; or

     (2) Any service related to weighing or storing grains or commodities.

     "GIPSA/FGIS" means the Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service.

     "Official commercial inspection services" means a contractual agreement between the applicant and the department that includes, but is not limited to, the following:

     (1) An applicant developed list or narrative that includes the specific inspection services and service scope they are requesting;

     (2) An applicant developed timeline showing when specific inspection services must be performed by the department; and

     (3) The specific inspection space and equipment that the applicant will provide at their expense.

     "Overtime" means:

     (1) Any time worked on Saturdays, Sundays, or holidays; and

     (2) All time worked before or after regularly scheduled working hours on Monday through Friday.

     "Ton" means two thousand pounds avoirdupois.

     "USDA" means the United States Department of Agriculture.

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     • Colfax

     • Kalama

     • Olympia

     • Pasco

     • Seattle

     • Spokane

     • Tacoma

     • Vancouver.

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     (1) Grains with standards or inspection criteria established under the United States Grain Standards Act;

     (2) Commodities with standards or inspection criteria established under the Agricultural Marketing Act;

     (3) Commodities with standards or inspection criteria established under Washington state standards; and

     (4) By-products resulting from conditioning or processing the grains and commodities listed in this section.

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     (1) The grades and standards established by the United States Department of Agriculture from August 1, 1984, to the present that apply to all grains and commodities regulated by this chapter.

     (2) The procedures to sample, grade, test and weigh grains and commodities, established by the regulations and instructions under the United States Grain Standards Act and the Agricultural Marketing Act of 1946.

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     (1) Scales must be tested and certified for accuracy at least twice each year by an authorized Washington state department of agriculture scale expert or a USDA, GIPSA/FGIS scale specialist.

     (2) When tested by the department or by USDA, GIPSA/FGIS, a seal must be placed on the scales. This seal must be dated and must indicate approval or rejection.

     (3) When scales are tested, copies of the test report must be:

     (a) Forwarded to the USDA, GIPSA/FGIS;

     (b) Maintained by the department; and

     (c) Maintained at the facility where the scale is located.

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     (2) The purpose of the additional fee is to insure that the total revenue generated on a daily basis is equal to the per hour straight time fee per employee.

     (3) Upon the applicant's written request, the additional fee may be established using the average hourly revenue generated at the worksite over the Monday through Sunday workweek (weekly averaging).

     (4) Without a written request, the additional fee must be assessed on a daily basis.

Note:

The weekly averaging computation uses the prior week's invoices for ship lots completed before the start of business on Monday. It does not include fees assessed for GIPSA/FGIS scale authorization, overtime, late notice, call-back, standby, shift request, or shift cancellation.`

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     (1) Appropriate space, equipment and security must be provided by the applicant.

     (2) The applicant must provide a written document fully describing the services requested.

     (3) The department must be able to provide appropriate licensed personnel to accomplish the service requested.

     (4) A guarantee of expenses is negotiated.

Note:

The applicant must fully describe the requested services in writing so the department can determine appropriate staffing levels and develop a guarantee of expenses proposal.

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     (1) Travel time for each department employee from the established inspection point to the service location and return at the rates in effect at the time the service is performed.

     (2) Mileage from the established inspection point to the service location and return for each vehicle involved. The mileage rate is assessed according to the state of Washington's general administration private vehicle mileage reimbursement rate in effect at the time the service is performed.

     (3) If applicable, a per diem rate will be assessed for each department employee equal to the established state of Washington travel status per diem rates in effect at the time the service is performed.

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     (2) If the department does not receive payment within thirty days:

     (a) Services may be withheld until the delinquent account is paid; or

     (b) Cash payment for subsequent services may be required.

     (3) The department assesses a penalty of twelve percent per annum on all delinquent account balances.

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	Rate Per Hour
Effective June 30, 2003	$28.75
Effective July 1, 2003	$29.50

     (2) The straight time rate is assessed when:

     (a) No other fee, guarantee of expenses or contractual agreement exists; or

     (b) It is specified in the schedule of fees; or

     (c) The fees generated through the service provided are not equivalent to the straight time rate, per hour, per employee (including applicable supervisory and clerical employee hours).

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	Rate Per Hour
Effective June 30, 2003	$38.08
Effective July 1, 2003	$39.00

     (2) The GIPSA/FGIS scale authorization fee, per hour, per employee is assessed when GIPSA/FGIS scale authorization services are requested or required.

     (3) In addition to the hourly GIPSA/FGIS scale authorization fee; the department may assess travel time, mileage, per diem, overtime, late notice, call-back, standby and service cancellation fees.

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	Rate Per Hour
Effective June 30, 2003	$7.48
Effective July 1, 2003	$7.70

     (2) In addition to regular inspection and weighing fees, the department will charge overtime and night shift rates per hour, per employee, including applicable supervisory and clerical employee hours, when a service is requested:

     (a) Before or after regularly scheduled working hours, Monday through Friday; or

     (b) During established meal periods on any shift; or

     (c) Anytime on Saturdays, Sundays or holidays.

     (3) When an applicant contracts for a permanent night shift, the overtime and night shift rates for the night shift will be waived after the initial seven-day notice period expires.

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	Rate Per Hour
Effective June 30, 2003	$4.98
Effective July 1, 2003	$5.12

     (2)(a) Requests for service on Saturdays, Sundays, or holidays, or for work before or after regularly scheduled working hours, Monday through Friday, must be received by the inspection office no later than 2:00 p.m. of the last regularly scheduled working day before the date of the requested service. For example, the inspection office must receive a request for Saturday service by 2:00 p.m. of the preceding Friday.

     (b) When the service request is not received by 2:00 p.m., the department will provide services if qualified employees are available.

     (3)(a) Service requests beyond the normal scope or volume requested at an inspection site must be received by the inspection office no later than 2:00 p.m. of the last regularly scheduled working day before the requested date of service.

     (b) The department will provide the service if adequate numbers of qualified employees are available.

     (4) The late notice fee will be assessed only for those hours of the service that the department is able to staff.

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	Fee Per Employee
Effective June 30, 2003	$25.01
Effective July 1, 2003	$25.80

     (2) When the department receives requests for services after the close of business on a regular scheduled working day and sufficient numbers of qualified staff are available to provide the requested service, the department will assess a call-back fee for each employee scheduled for that shift or service request.

     (3) The department will assess one call-back fee for each employee scheduled for a shift on a Saturday, Sunday, or holiday.

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	Rate Per Hour
Effective June 30, 2003	$7.48
Effective July 1, 2003	$7.70

     (2) Requests for establishing a night or graveyard shift must be given to the department in writing. The requested shift will begin seven days after the department receives the applicant's written request.

     (3) If the night or graveyard shift begins before the seven-day notice period has expired, the department will assess a shift request fee for every hour an employee is assigned to the new shift(s) beginning with the day the employee is assigned until the seven-day notice expires.

     (4) In addition to paying shift request fees for night or graveyard shifts, those locations where the department cannot maintain full-time staffing due to inadequate workloads or inconsistent work schedules are assessed shift request fees for day shifts.

     (5)(a) At locations where department staffing has been reduced below the full-time permanent day shift numbers due to a lack of work, an applicant requesting a day shift that begins before the seven-day notice period has expired must pay a shift request fee for every hour that a department employee is assigned to the location.

     (b) The assessment begins when the department employee is assigned and ends when the seven-day notice for the assigned employee expires.

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	Rate Per Hour
Effective June 30, 2003	$7.48
Effective July 1, 2003	$7.70

     (2)(a) All requests to cancel a previously requested night or graveyard shift must be given to the department, in writing, at least twenty-one days before the cancellation date.

     (b) If the applicant does not give the department the full twenty-one day notice, a shift cancellation fee will be assessed for all hours between the time the assigned staff would have worked and the time when the twenty-one day notice expires.

     (3) Locations that are not routinely staffed due to inconsistent schedules or are inadequately staffed due to a lack of work, will be assessed the shift cancellation fee for all shifts where the full twenty-one day cancellation notice is not given.

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	Rate Per Employee Per Hour
Effective June 30, 2003	$28.75
Effective July 1, 2003	$29.50

     (2) When a service is requested before or after the inspection office's established standard Monday through Friday workday or anytime on Saturdays, Sundays, or holidays and the service cannot be performed through no fault of the department, the per employee four-hour minimum standby fee will be assessed.

     (3) The per employee four-hour minimum standby fee is assessed when service is requested at a location not routinely staffed on a Monday through Friday basis if the department is able to adequately staff qualified personnel to perform the service and, through no fault of the department, the service cannot be performed.

     (4) When a requested service begins or ends within two hours of the regular starting or ending time of a shift and the service cannot be performed through no fault of the department, the per employee standby fee is assessed on a per hour basis.

     (5) The per employee standby fee is assessed for all hours staffed at the request of the applicant over the four-hour minimum.

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	Rate Per Employee Per Hour
Effective June 30, 2003	$28.75
Effective July 1, 2003	$29.50

     (2) The department will assess a per employee service cancellation fee when service is requested:

     (a) Before or after working hours, Monday through Friday, or anytime on a Saturday, Sunday or holiday, and a cancellation of the request is not received by 2:00 p.m. of the last regularly scheduled working day before the service is scheduled to begin; or

     (b) At locations that are not routinely staffed on a Monday through Friday basis because of inconsistent schedules or are inadequately staffed due to a lack of work and a service cancellation request is not received at the inspection office by 2:00 p.m. of the last regularly scheduled working day before the requested service is scheduled to begin.

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     (2) An applicant may be required to provide the necessary supplies and/or equipment when requesting a new or special type of analysis.

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     (2) An applicant may have to provide the necessary supplies and/or equipment when requesting a new or special type of analysis.

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     (2) An applicant may have to provide the necessary supplies and/or equipment when requesting a new or special type of analysis.

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OTS-6169.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 16-238-010	Definitions.
WAC 16-238-020	Grain and commodity inspection points.
WAC 16-238-030	General provisions for assessment of fees.
WAC 16-238-060	Fees for official sampling, inspection, and/or weighing services under the United States Grain Standards Act.
WAC 16-238-070	Fees for official services under the Agricultural Marketing Act of 1946.
WAC 16-238-082	Fees for services performed under state regulation or standards or "as specified" by the applicant for service when no official standards exist.
WAC 16-238-090	Covered commodities.
WAC 16-238-100	Grades and standards.
WAC 16-238-110	Scales.

© Washington State Code Reviser's Office