Purpose: This rule-making order amends WAC 16-333-041 by increasing the hourly inspection fee for caneberry planting stock certification to equal the hourly inspection fee for other nursery services and slightly decreasing the caneberry certification application fee. The increase in the hourly inspection fee, which exceeds the fiscal growth rate factor for 2005, was authorized by section 309(2), chapter 25, Laws of 2003 1st sp.s. Section 309(2) reads: "Fees and assessments approved by the department in the 2003-05 biennium are authorized to exceed the fiscal growth rate factor under RCW 43.135.055."

     Citation of Existing Rules Affected by this Order: Amending WAC 16-333-041.

     Statutory Authority for Adoption: Chapters 15.13, 15.14, and 34.05 RCW.

      Adopted under notice filed as WSR 04-13-149 on June 23, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: August 10, 2004.

Valoria H. Loveland

Director

OTS-7297.1

AMENDATORY SECTION(Amending WSR 03-21-166, filed 10/22/03, effective 11/22/03)

WAC 16-333-041   Caneberry certification fees.   The caneberry certification fees are as follows:

	((Effective July 1, 2003
Application fee	$140.70
Hourly inspection rate	$28.10))

     (1) Certification application fee. The applicant must furnish all information requested on the application form furnished by the department, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection and testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington 98504-2560 by May 15 each year and be accompanied by the application fee of $140.00.

     (2) Inspection fees. The department will conduct certification inspections at the hourly inspection rate established in chapter 16-401 WAC, plus mileage charged at a rate established by the state office of financial management. Testing fees will be charged at the rate established in chapter 16-470 WAC. Inspection and testing fees are payable upon completion of work. Billing may be arranged subject to department policies and processes.

     (3) The department will remove any applicant from the certification program for failing to pay fees when due.

     (4) The department will not accept applications from growers owing the department for previous fees.

[Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, § 16-333-041, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 15.14 and 34.05 RCW. 03-10-081, § 16-333-041, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapter 15.14 RCW. 01-11-030, § 16-333-041, filed 5/8/01, effective 6/8/01.]

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