WSR 04-21-083

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 20, 2004, 9:12 a.m. ]

Title of Rule and Other Identifying Information: Based upon RCW 34.05.353 (1)(c), the department is using the expedited rule-making process to amend WAC 16-470-912(3). The amendment will delete the words "Effective July 1, 2003," which are no longer needed.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Huffman, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail ghuffman@agr.wa.gov , AND RECEIVED BY December 20, 2004.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department inadvertently failed to remove the words "Effective July 1, 2003" from WAC 16-470-912(3) when the section was last amended. The proposed amendment will delete those words, which are no longer needed and would cause confusion if allowed to remain.

Reasons Supporting Proposal: The proposed amendment is a minor but necessary housekeeping change to WAC 16-470-912(3).

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington State Department of Agriculture, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, Olympia, (360) 902-1984.

October 20, 2004

Mary A. Martin Toohey

Assistant Director

OTS-7599.1


AMENDATORY SECTION(Amending WSR 04-17-036, filed 8/10/04, effective 9/10/04)

WAC 16-470-912   Schedule of fees and charges -- Applicable fees and charges.   (1) Hourly rate.


Hourly rate - business hours $31.10
Hourly rate - nonbusiness hours $39.70

(2) Laboratory diagnostic services, except as provided in subsection (3) or (4) of this section, are charged at the applicable hourly rate plus materials.

(3) Plant pathology laboratory diagnostic fees are as follows:


((Effective July 1, 2003))
Identity

Determination

1 sample
5 samples
10 samples
50 samples
100+samples
virus (ELISA) At cost At cost $10.30 ea $5.10 ea $2.95 ea
bacteria 41.20 ea 39.80 ea 37.30 ea 36.10 ea 36.10 ea
fungus 43.60 ea 37.30 ea 36.10 ea 34.80 ea 32.30 ea
nematode 32.30 ea 29.80 ea 27.30 ea 26.60 ea 24.80 ea

Note: To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific virus, bacterium, fungus, or nematode. Samples tested for multiple pathogens will be considered as multiple samples unless all pathogens can be detected in a single test without additional inputs.

(4) The department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate for projects with at least one of the following characteristics:

(a) Projects greater than one hundred samples;

(b) Projects requiring materials not readily available; or

(c) Projects requiring special handling or prolonged incubation periods.

The rate charged shall not be less than the cost to the department of performing the tests.

[Statutory Authority: Chapters 17.24 and 34.05 RCW. 04-17-036, 16-470-912, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, 16-470-912, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, 16-470-912, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-912, filed 5/8/01, effective 6/8/01.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office