WSR 07-03-138

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed January 23, 2007, 11:25 a.m. ]

Subject of Possible Rule Making: Chapter 16-470 WAC, Quarantine -- Agricultural pests, the department is considering increasing the laboratory diagnostic hourly fees, nematode laboratory diagnostic fees, and post entry inspection services fee within the OFM fiscal growth factor for fiscal year 2008 (5.53%).

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 17.24 and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Current plant pathology fee income is not adequate to cover costs associated with providing program services. RCW 17.24.131 Requested inspections -- Fee for service -- disbursements in lieu of fee, states that the director may prescribe a fee for plant pathology services that "shall, as closely as practical, cover the cost of the service rendered, including the salaries and expenses of the personnel involved."

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

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail mtoohey@agr.wa.gov; or Tom Wessels, Plant Services Program Manager, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1984, fax (360) 902-2094, e-mail twessels@agr.wa.gov.

January 23, 2007

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office