PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-03-095.
Title of Rule: Chapter 16-401 WAC, Nursery inspection fees.
Purpose: Increase nursery inspection fees within the fiscal growth factors for both fiscal year 1999 and 2000.
Statutory Authority for Adoption: Chapters 15.13, 15.14 RCW.
Statute Being Implemented: Chapters 15.13, 15.14 RCW.
Summary: Increase fees charged by the plant services program for services authorized in chapters 15.13 and 15.14 RCW, such as nursery inspection, crop certification, and phytosanitary certification, within the fiscal growth factors for both fiscal year 1999 and 2000, and update obsolete language.
Reasons Supporting Proposal: Current fee income is not adequate to cover costs to render service by the plant services program, which is mandated in statute to be supported by fees for service. It is necessary to raise fees within the fiscal growth factors for both fiscal year 1999 and 2000. Changes in language are also necessary to clarify program practices and to put the text into clear and readable format.
Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.
Name of Proponent: Nursery Advisory Committee and Washington State Department of Agriculture, private and governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes the fees charged by the plant services program for activities authorized in chapter 15.13 RCW and sets forth related billing and licensing information. The current inspection fee income is not adequate to cover program costs. This has made it necessary to raise fees within the fiscal growth factors for both fiscal year 1999 and 2000. Changes mandated in the regulatory reform statutes (i.e. clear and readable format) have also made modification necessary. We anticipate that the program will be better able to remain financially solvent (as required by statute) and that the rules will be easier for the public to understand.
Proposal Changes the Following Existing Rules: The proposal increases the schedule of fees and charges for activities authorized in chapters 15.13 and 15.14 RCW within the fiscal growth factors for both fiscal year 1999 and 2000. These activities include inspection and certification services offered to the plant nursery industry and others through the plant services program staff. The proposal also corrects an obsolete statutory citation, clarifies that the Washington State Department of Agriculture may negotiate fees to deliver services to universities and public agencies, and converts the rule to clear and readable format.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The cost analysis, prepared by the Washington State Department of Agriculture and placed in the official rule file, shows that the proposed rule change would result in a minor impact on businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.
Hearing Location: Washington State Department of Agriculture, 1111 Washington Street, 2nd Floor, Conference Room 259, Olympia, WA, on May 17, 1999, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Cathy Jensen by May 10, 1999, TDD (360) 902-1996, or (360) 902-1976.
Submit Written Comments to: Mary Toohey, Assistant Director, Washington State Department of Agriculture, Lab Services Division, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2094, by May 18, 1999, 5:00 p.m.
Date of Intended Adoption: May 26, 1999.
March 24, 1999
Mary A. Martin Toohey
Assistant Director
OTS-2974.1
AMENDATORY SECTION(Amending Order 4016, filed 12/1/92, effective 1/1/93)
WAC 16-401-019
Schedule of fees and charges--Billing policies and procedures.
(1)
All billable services provided under chapter 15.13 RCW are due and payable upon billing by the
department. For the convenience of established accounts and in accord with good business
practices, the department provides a monthly billing service for established accounts. Accounts
not paid-in-full within thirty days of billing ((shall be)) are considered delinquent.
(2) All delinquent accounts ((shall be)) are assessed a late charge equal to one and
one-half percent per month, or portion of a month, on the unpaid balance.
(3) Except for established accounts where there is a reasonable expectation of additional
charges during a calendar month, the minimum billable amount through the monthly billing
system ((shall be)) is twenty dollars. All billable services of less than twenty dollars ((shall be))
are due and payable-in-full at the time that service is rendered.
(4) No person with an account ninety days or more in arrears ((shall)) will receive service
except on the basis of payment in full at the time service is rendered. Such accounts ((shall))
will not be restored to monthly billing status until all past due accounts are paid-in-full. Such
accounts may be subject to legal action for collection.
(5) Accounts that become ninety days or more in arrears twice within a five-year period
may be subject to a permanent requirement ((to payment-in-full)) for payment in full at the time
service is provided.
[Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), § 16-401-019, filed 12/1/92, effective 1/1/93.]
(1) Any plant material at a location licensed as a nursery dealer under chapter 15.13 RCW ((shall be)) is subject to regulatory inspections. A nursery inspection ((certificate shall))
report will be issued, without additional charge except as provided in subsection (2) of this
section, stating the results of the inspection.
(2) A fee may be charged for repeated, subsequent inspections of license locations where
plant material does not meet the requirements set forth in chapter 15.13 RCW: Provided, That
the license location ((shall be)) is subject to no more than two paid inspections each license
period. Fees ((shall be)) are assessed on the basis of the time required for the inspection at the
applicable hourly rate provided in WAC 16-401-025.
[Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), § 16-401-020, filed 12/1/92, effective 1/1/93. Statutory Authority: Chapter 15.54 RCW. 87-19-098 (Order 1953), § 16-401-020, filed 9/17/87; Order 1315, § 16-401-020, filed 5/30/73; Order 1204, § 16-401-020, filed 5/28/71, effective 7/1/71; Order 1152, § 16-401-020, filed 5/28/70, effective 7/1/70.]
(1) Any plant material at a location licensed as a nursery dealer under chapter 15.13 RCW is subject to regulatory inspections. A nursery inspection report will be issued, without additional charge except as provided in subsection (2) of this section, stating the results of the inspection.
(2) A fee may be charged for repeated, subsequent inspections of license locations where plant material does not meet the requirements set forth in chapter 15.13 RCW: Provided, That the license location is subject to no more than two paid inspections each license period. Fees are assessed on the basis of the time required for the inspection at the applicable hourly rate provided in WAC 16-401-026.
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(1)
Requested services ((shall be)) are provided at ((an)) the applicable hourly rate ((and an
overtime rate)). The ((overtime)) nonbusiness hourly rate ((shall apply)) applies for service
provided before 8:00 a.m. or after 5:00 p.m. during the work day and for all services provided
on Saturday, Sunday, or a holiday listed in subsection (2) of this section.
(2) Holidays ((shall)) mean New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, the day immediately following Thanksgiving Day, Veteran's Day,
Christmas Day, President's Day, and Martin Luther King's Birthday.
(3) The ((minimum)) hourly charge is assessed ((shall be one hour. Additional charges
shall be)) in one-half hour increments ((prospectively)).
(4) Persons requesting service with less than twenty-four hours notice ((on a weekend or
holiday, or before 8:00 a.m. or after 5:00 p.m.,)) during nonbusiness hours may be subject to a
((call back)) charge of two additional hours at the ((overtime)) nonbusiness hourly rate, ((in
addition to all other charges,)) if the department is ((actually)) required to pay call back to the
employee(s) providing the requested service.
[Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), § 16-401-023, filed 12/1/92, effective 1/1/93.]
The following rates for requested inspection services shall apply:
(1) Hourly rate((, per hour . . . . . . . . . . . . $ 25.00
(2) Overtime rate, per hour . . . . . . . . . . . . $ 32.00
(3))) (a) Business hours . . . . . . . . . . . . $ 26.05
(b) Nonbusiness hours (see WAC 16-401-023) . . . . . . . . . . . . $ 33.34
(2) Mileage at the established office of financial management rate (schedule A), per diem at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections that are not a part of a regular work schedule. Such charge may be pro-rated among applicants if more than one applicant is provided service during a work day or trip when mileage and/or per diem are applicable.
(((4))) (3) Inspections for phytosanitary certification, including growing season field
inspections, ((shall be)) are provided at the applicable hourly rate provided in subsection (1) of
this section except where an alternate certification inspection fee is provided in statute, in rule,
or by a written agreement between the department and an industry ((organization)) entity,
university, or public agency. When growing season field inspections for phytosanitary
certification and regulatory inspections are performed simultaneously, the first two hours of
inspection each calendar year for nurseries licensed under WAC 16-401-040 (1)(b) or (2)(a); and
the first four hours of inspection per calendar year for nurseries licensed under WAC 16-401-040 (1)(c) or (2)(b), ((shall be)) are without charge.
(a) There ((shall be)) is no additional charge for the first phytosanitary certificate issued
at the time of the inspection.
(b) Phytosanitary certificates issued more than twenty-four hours from the time of the inspection, first certificate
. . . . . . . . . . . . $ ((12.00)) 12.50
(c) Additional phytosanitary certificates
. . . . . . . . . . . . $ ((4.00)) 4.10 ea.
(((5))) (4) Inspection and certification of nonplant material or equipment for sanitation
(freedom from soil or pests) by visual examination or through witnessing a prescribed treatment
(steam cleaning, hydro-washing, etc.) ((shall be performed)) is charged at the applicable hourly
rate.
(a) ((All certificates must be issued at the time of inspection.
(b) For the first certificate,)) There is no additional charge for the first certificate.
(((c))) (b) Additional certificates
. . . . . . . . . . . . $ ((4.00)) 4.10 ea.
(((6))) (5) Inspections for garden brown snail certification or other miscellaneous
inspection certification ((shall be)) are charged at the applicable hourly rate.
(a) For the first certificate . . . . . . . . . . . . no additional charge
(b) For additional certificates . . . . . . . . . . . . $ ((4.00)) 4.10 ea.
(((7))) (6) Witnessing and certification of fumigation ((shall be)) is charged at the
applicable hourly rate, plus a per lot or container fee of . . . . . . . . . . . . $ ((10.00)) 10.42
(((8))) (7) For a certificate of plant health for noncommercial movement of plant
materials between states by unlicensed persons, up to a maximum of five plants, and provided
that the plants are brought to a plant services office for inspection . . . . . . . . . . . . $ ((5.00)) 5.21
Note: When two or more types of inspection, provided in this section, are performed simultaneously, only one hourly
rate, per WAC 16-401-025(( , shall be applied)) applies. One certificate for one service ((shall be)) is issued at
no charge. Additional certificates ((will be)) are issued at the $((4.00)) 4.10 rate.
[Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), § 16-401-025, filed 12/1/92, effective 1/1/93. Statutory Authority: Chapter 15.54 RCW. 87-19-098 (Order 1953), § 16-401-025, filed 9/17/87. Statutory Authority: Chapter 15.13 RCW. 79-04-025 (Order 1628), § 16-401-025, filed 3/21/79; Order 1315, § 16-401-025, filed 5/30/73; Order 1152, § 16-401-025, filed 5/28/70, effective 7/1/70.]
The following rates apply for requested inspection services:
(1) Hourly rate
(a) Business hours . . . . . . . . . . . . $ 26.90
(b) Nonbusiness hours (see WAC 16-401-023) . . . . . . . . . . . . $ 34.40
(2) Mileage at the established office of financial management rate (schedule A), per diem at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections that are not a part of a regular work schedule. Such charge may be prorated among applicants if more than one applicant is provided service during a work day or trip when mileage and/or per diem are applicable.
(3) Inspections for phytosanitary certification, including growing season field inspections, are provided at the applicable hourly rate provided in subsection (1) of this section except where an alternate certification inspection fee is provided in statute, in rule, or by a written agreement between the department and an industry entity, university, or public agency. When growing season field inspections for phytosanitary certification and regulatory inspections are performed simultaneously, the first two hours of inspection each calendar year for nurseries licensed under WAC 16-401-041 (1)(b) or (2)(a); and the first four hours of inspection per calendar year for nurseries licensed under WAC 16-401-041 (1)(c) or (2)(b), are without charge.
(a) There is no additional charge for the first phytosanitary certificate issued at the time of the inspection.
(b) Phytosanitary certificates issued more than twenty-four hours from the time of the inspection, first certificate
. . . . . . . . . . . . $ 12.90
(c) Additional phytosanitary certificates . . . . . . . . . . . . $ 4.20 ea.
(4) Inspection and certification of nonplant material or equipment for sanitation (freedom from soil or pests) by visual examination or through witnessing a prescribed treatment (steam cleaning, hydro-washing, etc.) is charged at the applicable hourly rate.
(a) There is no additional charge for the first certificate.
(b) Additional certificates . . . . . . . . . . . . $ 4.20 ea.
(5) Inspections for garden brown snail certification or other miscellaneous inspection certification are charged at the applicable hourly rate.
(a) For the first certificate . . . . . . . . . . . . no charge
(b) For additional certificates . . . . . . . . . . . . $ 4.20 ea.
(6) Witnessing and certification of fumigation is charged at the applicable hourly rate, plus a per lot or container fee of
. . . . . . . . . . . . $ 10.75
(7) For a certificate of plant health for noncommercial movement of plant materials between states by unlicensed persons, up to a maximum of five plants, and provided that the plants are brought to a plant services office for inspection . . . . . . . . . . . . $ 5.35
| Note: | When two or more types of inspection, provided in this section, are performed simultaneously, only one hourly rate, per WAC 16-401-026, applies. One certificate for one service is issued at no charge. Additional certificates are issued at the $4.20 rate. |
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The following rates for miscellaneous charges on requested inspections ((shall))
apply.
(1) Postage, special handling services and other miscellaneous costs ((shall be))
exceeding five dollars charged ((back)) at the actual cost.
(2) ((Fee for special handling service (i.e., federal express, air parcel post or air freight) . . . . . . . . . . . . $3.50
(3) Fee for facsimile transmission of documents, per
document . . . . . . . . . . . . $3.50
(4) Additional copies of certificates, per copy$ .20
(5))) Other requested office services, not specifically provided((, shall be)) for, are
charged a fee based on the portion of an hour at the applicable hourly rate in WAC 16-401-025
((necessary to perform the service)).
(((6))) (3) Nursery stickers and nursery stock inspection((:))--certificate tags:
(a) In lots of 250 . . . . . . . . . . . . $ ((5.00)) 5.21 per lot
(b) Less than 250 (minimum 10) . . . . . . . . . . . . $ ((.25)) .26 each
(((7))) (4) Authorization by the department to preprint Washington nursery stock
inspection certificates on shipping containers, yearly authorization fee or renewal
. . . . . . . . . . . . $ ((25.00)) 26.05
[Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), § 16-401-030, filed 12/1/92, effective 1/1/93. Statutory Authority: Chapter 15.54 RCW. 87-19-098 (Order 1953), § 16-401-030, filed 9/17/87. Statutory Authority: Chapter 15.13 RCW. 79-04-025 (Order 1628), § 16-401-030, filed 3/21/79; Order 1315, § 16-401-030, filed 5/30/73; Order 1152, § 16-401-030, filed 5/28/70, effective 7/1/70.]
The following rates for miscellaneous charges on requested inspections shall apply.
(1) Postage, special handling services and other miscellaneous costs exceeding five dollars are charged at the actual cost.
(2) Other requested office services, not specifically provided for, are charged a fee based on the portion of an hour at the applicable hourly rate in WAC 16-401-026.
(3) Nursery stickers and nursery stock inspection certificate tags:
(a) In lots of 250 . . . . . . . . . . . . $ 5.35 per lot
(b) Less than 250 (minimum 10) . . . . . . . . . . . . $ 0.26 each
(4) Authorization by the department to preprint Washington nursery stock inspection certificates on shipping containers, yearly authorization fee or renewal . . . . . . . . . . . . $ 26.90
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((As
provided in chapter 15.13 RCW, the director of agriculture hereby establishes the following
schedule of)) Annual license fees ((which shall)), as established below, must accompany ((the))
an application for nursery dealer license((:))
(1) Retail nursery dealer license fee:
(a) ((For)) Gross business sales of horticultural plants and turf less than two thousand
five hundred dollars((, the license fee shall be thirty-five dollars.)) . . . . . . . . . . . . $ 36.46
(b) ((For)) Gross business sales of horticultural plants and turf between two thousand five
hundred dollars and fifteen thousand dollars((, the license fee shall be seventy-five dollars.))
. . . . . . . . . . . . $ 78.14
(c) ((For)) Gross business sales of horticultural plants and turf of fifteen thousand dollars
or more((, the license fee shall be one hundred fifty dollars.)) . . . . . . . . . . . . $156.30
(((d) Retail nursery dealer license fee increases shall become effective January 1, 1993.))
(2) Wholesale nursery dealer license fee:
(a) ((For)) Gross business sales of horticultural plants and turf less than fifteen thousand
dollars((, the license fee shall be seventy-five dollars.)) . . . . . . . . . . . . $ 78.14
(b) ((For)) Gross business sales of horticultural plants and turf of fifteen thousand dollars
or more((, the license fee shall be one hundred fifty dollars.)) . . . . . . . . . . . . $156.30
(((c) Wholesale nursery dealer license fee increases shall become effective January 1,
1993.))
(3) As provided in RCW ((15.13.280 there is hereby established)) 15.13.285, a surcharge
of twenty percent of the base rate, in addition to the fees established on all classes of licenses in
subsections (1) and (2) of this section ((to be used solely to support research projects
recommended by the nursery advisory committee and of general benefit to the nursery industry))
, is established.
(4) Permit fee for those types of sales and organizations exempted from licensing requirements by RCW 15.13.270, per permit
. . . . . . . . . . . . $((5.00)) 5.21
[Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), § 16-401-040, filed 12/1/92, effective 1/1/93; 92-13-034 (Order 2094), § 16-401-040, filed 6/10/92, effective 7/1/92. Statutory Authority: Chapter 15.54 RCW. 87-19-098 (Order 1953), § 16-401-040, filed 9/17/87.]
Annual license fees as established below, must accompany the application for nursery dealer license:
(1) Retail nursery dealer license fee:
(a) Gross business sales of horticultural plants and turf less than two thousand five hundred dollars . . . . . . . . . . . . $ 37.67
(b) Gross business sales of horticultural plants and turf between two thousand five hundred dollars and fifteen thousand dollars, the license fee is . . . . . . . . . . . . $ 80.72
(c) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more . . . . . . . . . . . . $161.45
(2) Wholesale nursery dealer license fee:
(a) Gross business sales of horticultural plants and turf less than fifteen thousand dollars . . . . . . . . . . . . $ 80.72
(b) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more . . . . . . . . . . . . $161.45
(3) As provided in RCW 15.13.285, a surcharge of twenty percent of the base rate, in addition to the fees established on all classes of licenses in subsections (1) and (2) of this section, is established.
(4) Permit fee for those types of sales and organizations exempted from licensing requirements by RCW 15.13.270, per permit
. . . . . . . . . . . . $ 5.35
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As provided in RCW 15.13.310, ((the director of agriculture hereby establishes)) an annual assessment of one percent
on the gross sale price of the wholesale market value for all fruit trees, fruit tree related
ornamental trees, fruit tree seedlings, fruit tree rootstock, and all other rootstock used for fruit
tree propagation produced in Washington, and sold within the state or shipped from the state by
any licensed nursery dealer, is established.
[Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), § 16-401-050, filed 12/1/92, effective 1/1/93. Statutory Authority: Chapter 15.54 RCW. 87-19-098 (Order 1953), § 16-401-050, filed 9/17/87.]