Effective Date of Rule: January 1, 2013.

     Purpose: Washington state department of agriculture (WSDA) estimates that it costs from $19 - $31/tester to administer exams yet does not currently collect a fee for this activity. The fee will raise approximately $100,000 and will partially offset the $616,000 in general fund dollars lost by the pesticide management division (PMD) during the last biennium. This proposal would revise WAC 16-228-1540 to establish a $25 testing fee when taking WSDA pesticide and structural pest inspector exams. The fee would be charged each time exams are administered and is the same for each test taker regardless of the number of exams taken. The fee will assist the program in recovering costs to administer exams to approximately four thousand prospective licensees each year. Exams are offered in all PMD offices, following large WSU prelicense shortcourses and upon request whenever fifteen or more testers can be guaranteed.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-228-1540.

     Statutory Authority for Adoption: 3ESHB 2127, chapter 7, Laws of 2012, RCW 17.21.030 and 15.58.040.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 12-18-077 on September 5, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2012.

Dan Newhouse

Director

OTS-4997.1

AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1540   What are the requirements for pesticide examinations?   (1) An examination fee of ((ten)) twenty-five dollars shall be paid prior to administration of any pesticide or structural pest inspector license examinations ((at other than a regularly scheduled examination session. Scheduled exam sessions occur every Tuesday at the Olympia and Yakima pesticide management division offices and at other offices as scheduled)). The department reserves the right to restrict the number of applicants examining at any given time.

     (2) Any individual who fails any pesticide licensing examination twice shall be required to wait at least fourteen days before retaking that examination a third time. Subsequent testing shall be at the director's discretion.

     (3) An applicant shall complete the application form for a pesticide or structural pest inspector license and pay the required license application fee ((prior to being given)) and testing fee at the time pesticide or structural pest inspector examinations are given, unless prior arrangements have been made.

     (4) Pesticide and structural pest inspector examination scores shall not be released by the department until the license application fee ((has)) and testing fee have been paid.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1540, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1540, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1540, filed 10/20/99, effective 11/20/99.]