Effective Date of Rule: Thirty-one days after filing.

     Purpose: The proposed rules will ensure that the fees being charged for services provided by the grain warehouse audit program are in correlation to the fees charged and amount of time needed to render service and ensure cost recovery for the program.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-237-195.

     Statutory Authority for Adoption: RCW 15.17.050 and 3ESHB 2127, chapter 7, Laws of 2012.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 12-17-147 on August 22, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 17, 2012.

Dan Newhouse

Director

OTS-4909.2

AMENDATORY SECTION(Amending WSR 05-07-080, filed 3/15/05, effective 4/15/05)

WAC 16-237-195   Fees for warehouse audit and related services.   The following fees apply to the following services:

     (1) For year-end inventories requested by a warehouse operator, the department charges ((the following:

A fee of:		If requested:
(a)	10% of the warehouse license fee	By July 30th of each year
(b)	15% of the warehouse license fee	After July 30 of each year))

twenty percent of the warehouse license fee with a minimum fee of four hundred dollars.

     (2)(a) The hourly rate for all other services performed by the warehouse audit program at the request of warehouse operators, grain dealers and/or other government agencies is $((33.00)) 56.00 per hour.

     (b) These services include, but are not limited to, technical assisted audits of records and inventory, observation of sampling of commodities, collection of samples for the Karnal Bunt Survey, and remeasurement of commodities and storage bins.

     (3) In addition to the hourly rate established in subsection (2)(a) of this section, the department assesses appropriate charges for overtime, mileage, meals, and lodging expenses incurred by department personnel when providing the types of services identified in subsection (2)(b) of this section.

[Statutory Authority: 2003 1st sp.s. c 25 and chapters 22.09 and 34.05 RCW. 05-07-080, § 16-237-195, filed 3/15/05, effective 4/15/05. Statutory Authority: RCW 22.09.020(13). 00-21-043, § 16-237-195, filed 10/13/00, effective 11/13/00.]