WSR 12-22-028

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 31, 2012, 8:55 a.m. , effective December 1, 2012 ]


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

Purpose: This rule-making order amends chapter 16-470 WAC by increasing the fees for requested services performed under the authority of chapter 17.24 RCW. During the 2012 legislative session, the Washington state legislature authorized (as required by Initiative 960) the Washington state department of agriculture to increase these fees as necessary to meet the actual costs of conducting business (see chapter 7, Laws of 2012 (3ESHB 2127)).

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-912, 16-470-917, and 16-470-921.

Statutory Authority for Adoption: RCW 17.24.131 and chapter 7, Laws of 2012 (3ESHB 2127).

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 12-19-096 on September 19, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: October 31, 2012.

Dan Newhouse

Director

OTS-4976.1


AMENDATORY SECTION(Amending WSR 09-23-006, filed 11/5/09, effective 1/1/10)

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


Hourly rate - Business hours $((40.00)) 50.00
Hourly rate - Nonbusiness hours $((51.00)) 65.00

(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:

(a) Nematode assay (plant material) . . . . . . . . . . . . $38.00

(b) Nematode assay (soil) . . . . . . . . . . . . $60.00

(c) Assay for dwarf bunt (TCK), Karnal bunt, flag smut

. . . . . . . . . . . . $60.00


Note: Fee is for one sample for one specific organism, unless more than one organism 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, multiple phase test procedures, or prolonged incubation periods.

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

[Statutory Authority: RCW 17.24.021, 17.24.131, chapter 34.05 RCW, and 2009 c 564. 09-23-006, 16-470-912, filed 11/5/09, effective 1/1/10. Statutory Authority: Chapters 17.24 and 34.05 RCW. 07-11-012, 16-470-912, filed 5/3/07, effective 7/1/07; 06-15-044, 16-470-912, filed 7/11/06, effective 8/11/06; 05-12-111, 16-470-912, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapters 17.24, 15.14, and 34.05 RCW. 05-01-180, 16-470-912, filed 12/21/04, effective 1/21/05. 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.]


AMENDATORY SECTION(Amending WSR 09-23-006, filed 11/5/09, effective 1/1/10)

WAC 16-470-917   Schedule of fees and charges -- Fees for post entry inspection services.   (1) Post entry site inspection and/or permit review and approval . . . . . . . . . . . . $((81.00)) 101.00

(2) Subsequent inspections of post entry plant materials are provided at the applicable hourly rate.

(3) Post entry inspection fees may be waived for state universities, United States Department of Agriculture researchers, and other public entities.

[Statutory Authority: RCW 17.24.021, 17.24.131, chapter 34.05 RCW, and 2009 c 564. 09-23-006, 16-470-917, filed 11/5/09, effective 1/1/10. Statutory Authority: Chapters 17.24 and 34.05 RCW. 07-11-012, 16-470-917, filed 5/3/07, effective 7/1/07; 06-15-044, 16-470-917, filed 7/11/06, effective 8/11/06; 05-12-111, 16-470-917, filed 5/31/05, effective 7/1/05; 04-17-036, 16-470-917, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, 16-470-917, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, 16-470-917, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-917, filed 5/8/01, effective 6/8/01.]


AMENDATORY SECTION(Amending WSR 09-23-006, filed 11/5/09, effective 1/1/10)

WAC 16-470-921   Schedule of fees and charges -- Miscellaneous fees.   (1) Mileage at the established office of financial management rate (schedule A), per diem and other authorized travel expenses at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections or post entry inspections that are not a part of a regular work schedule. Such charges may be prorated among applicants if more than one applicant is provided service during a workday or trip when per diem is applicable.

(2) Postage, special handling services and other miscellaneous costs exceeding five dollars will be charged back to the applicant at the actual cost.

(3) Certificates of inspection, phytosanitary certificates, and other official documents will be provided to the applicant subject to the charges and conditions established ((in chapter 16-401 WAC.)) below:


Fee or Charge:
Certificate issued at time of inspection No charge
Certificate issued more than twenty-four hours after the inspection $24.00
Additional certificates $8.00
Fumigation lot or container fee $20.00
Compliance agreement $50.00

[Statutory Authority: RCW 17.24.021, 17.24.131, chapter 34.05 RCW, and 2009 c 564. 09-23-006, 16-470-921, filed 11/5/09, effective 1/1/10. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, 16-470-921, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-921, filed 5/8/01, effective 6/8/01. Statutory Authority: Chapter 17.24 RCW. 99-12-035, 16-470-921, filed 5/26/99, effective 6/26/99.]