reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-090 - Financial assurances

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 purpose in requiring financial assurances is to ensure that the landowner or
			 operator has sufficient resources to cover any penalties and mitigation
			 measures, which might be assessed.
(2) The department may require financial
			 assurance prior to the conduct of any further forest practices from an operator
			 or landowner who within the preceding three-year period has:
(a) Operated without an approved forest
			 practices application, other than an unintentional operation in connection with
			 an approved application outside the approved boundary of such an
			 application;
(b) Continued to
			 operate in breach of, or failed to comply with, the terms of an effective stop
			 work order or notice to comply; or
(c) Failed to pay any civil or criminal
			 penalty.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-50 - Relationship to other laws and regulations › Section 222-50-010 - Policy

Current through Register Vol. 24-14, July 15, 2024
A major policy of the Forest Practices Act and the board is to
				work toward a comprehensive, statewide system of laws and rules for forest
				practices which avoids unnecessary duplication and provides for interagency
				input and cooperation to the extent that can be accomplished without
				interfering with the authority of the affected federal, state, regional and
				local agencies.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-50-010, filed 5/30/01, effective 7/1/01;
				  Order 263, § 222-50-010, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-50 - Relationship to other laws and regulations › Section 222-50-020 - Other agency requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Many other laws and rules apply to the
			 conduct of forest practices. Other agencies administer some of these other
			 regulatory programs. Permits may be required by such agencies prior to the
			 conduct of certain forest practices. The governor's office of regulatory
			 assistance maintains a list of state, regional, and local regulatory programs
			 including those that apply to forest practices operations. Affected parties are
			 urged to consult with the specified agencies and independent experts with
			 respect to the regulatory requirements shown on the list.
(2)
Compliance with the Shoreline
			 Management Act,
chapter 90.58 RCW, is required. The
			 Shoreline Management Act is implemented by the department of ecology and the
			 applicable local governmental entity. A substantial development permit must be
			 obtained prior to conducting forest practices which are "substantial
			 developments" within the "shoreline" area as those terms are defined by the
			 Shoreline Management Act.
(3)
			 Wildlife protection,
			 Title
			 77 RCW. Nothing in these rules
			 is intended to interfere with any authority of the department of fish and
			 wildlife to protect wildlife under any other statutes or regulations, or under
			 any agreements with landowners.
(4)
			 Federal Endangered Species Act,  16 U.S.C. 1531  et seq., and other federal laws.
			 The federal Endangered Species Act and other federal laws may impose certain
			 obligations on persons conducting forest practices. Compliance with the Forest
			 Practices Act or these rules does not ensure compliance with the Endangered
			 Species Act or other federal laws.
Statutory Authority:
				RCW
				76.09.040(3). WSR 13-21-032,
				§ 222-50-020, filed 10/8/13, effective 12/30/13. Statutory Authority:
				RCW
				76.09.040. WSR 08-24-011, § 222-50-020,
				filed 11/21/08, effective 12/22/08. Statutory Authority:
				Chapter
				34.05 RCW,
				RCW
				76.09.040, [76.09.]050, [76.09.]370,
				76.13.120(9). WSR 01-12-042, § 222-50-020, filed 5/30/01, effective
				7/1/01. Statutory Authority:
				RCW
				   76.09.040 and
				chapter
				34.05 RCW. WSR 97-24-091,
				§ 222-50-020, filed 12/3/97, effective 1/3/98; WSR 93-12-001, §
				222-50-020, filed 5/19/93, effective 6/19/93. Statutory Authority:
				RCW
				76.09.040. WSR 88-19-112 (Order 551,
				Resolution No. 88-1), § 222-50-020, filed 9/21/88, effective 11/1/88.
				Statutory Authority:
				RCW
				   76.09.040 and
				76.09.050. WSR 82-16-077
				(Resolution No. 82-1), § 222-50-020, filed 8/3/82, effective 10/1/82;
				Order 263, § 222-50-020, filed 6/16/76. WSR 13-21-003, § 222-50-020,
				filed 10/3/2013, effective 11/3/2013
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-50 - Relationship to other laws and regulations › Section 222-50-030 - Interagency agreements

Current through Register Vol. 24-14, July 15, 2024
The board recommends that the department negotiate interagency
				agreements with other governmental agencies. The board further recommends that
				such agreements include, to the extent acceptable to the other agency,
				provisions specifying:
(1)
The
			 law
and rules covered;
(2)
Any geographical
or other limits on the authority and
			 responsibility under the agreement;
(3)
Priorities
and standards for
			 resolution of any conflicts between such laws and regulations and the act and
			 these rules;
(4)
Procedures
for administrative appeals of actions taken;
(5)
Provisions for
continuing
			 cooperation between the department and the other agency or agencies regarding
			 interpretation of the laws and regulations involved;
(6)
Procedures for
termination
			 of the interagency agreement; and
(7)
Procedures for
processing
			 applications and notifications.
The department is directed to provide copies of all such
				agreements to the board, and to make known to the public that such interagency
				agreements exist.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-50-030, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.050 and
				  34.05.350. 91-23-052, §
				  222-50-030, filed 11/15/91, effective 12/16/91; Order 263, § 222-50-030,
				  filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-50 - Relationship to other laws and regulations › Section 222-50-040 - Safety and health

Current through Register Vol. 24-14, July 15, 2024
The forest practices rules contained in chapters 222-24 through
				222-38 WAC are automatically superseded to the extent inconsistent with any
				applicable safety regulations, or with any orders or directives having the
				force of law and based on any applicable safety regulations, including:
(1)
Chapter
296-54 WAC (safety
			 standards for logging operations, department of labor and industry's division
			 of safety).
(2)
Chapter
296-24 WAC (general safety and health standards, department of labor
			 and industry's division of safety).
(3)
All applicable
Federal
			 Occupational Safety and Health Administration regulations.
(4)
Regarding aircraft,
chapters12-24, 12-28, and 12-32 WAC (Washington aeronautics
			 commission).
(5)
Regarding
			 explosives,
chapter 296-52 WAC (department of labor and industry) and
			 all applicable federal regulations.
(6)
Regarding chemicals,
chapter
			 16-228 WAC (department of agriculture) and all applicable federal
			 regulations.
(7)
All
			 applicable
state and local sanitation regulations relating to municipal
			 watersheds and sources of domestic water supply.
In such cases of conflict, the department is authorized to seek
				from other agencies such waivers or modifications in the applicable safety and
				health regulations as may be necessary for the department to be able to fully
				enforce the forest practices rules contained in chapters 222-24 through 222-38
				WAC.
Applicants are cautioned that there may be additional safety
				and health laws and regulations that may be applicable in addition to those
				specifically listed above.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-50-040, filed 5/30/01, effective 7/1/01;
				  Order 263, § 222-50-040, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-50 - Relationship to other laws and regulations › Section 222-50-050 - Forest fire prevention and suppression

Current through Register Vol. 24-14, July 15, 2024
All laws and rules relating to forest fire prevention and
				suppression apply in addition to these forest practices rules and, in cases of
				conflict, supersede the forest practices rules contained in chapters 222-24
				through 222-38 WAC.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-50-050, filed 5/30/01, effective 7/1/01;
				  Order 263, § 222-50-050, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-50 - Relationship to other laws and regulations › Section 222-50-060 - Other regulatory programs administered by the department

Current through Register Vol. 24-14, July 15, 2024
The board recommends that, to the extent permitted by law and
				when necessary the department adopt rules and policies under which approved
				applications and notifications can serve to eliminate or reduce the need for
				separate permits and approvals under regulatory programs administered by the
				department (such as the power driven machinery permits, RCW 76.04.275, dumping
				mill waste and forest debris permit, RCW 76.04.242, and surface mining permits,
				chapter 78.44 RCW) as applied to forest practices. The department is directed
				to notify the public of the existence of such rules and
				policies.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-50-060, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				     76.09.040 and
				  76.09.050. 82-16-077 (Resolution
				  No. 82-1), § 222-50-060, filed 8/3/82, effective 10/1/82; Order 263,
				  § 222-50-060, filed 6/16/76.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-001 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
Under and by virtue of chapter 15.28 RCW and chapter 11, Laws of 1961, as amended, the Washington state fruit commission does hereby adopt and prescribe the following amended regulations.
Promulgation clause, filed 5/23/63.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-010 - Applicability

Current through Register Vol. 24-14, July 15, 2024
These regulations apply to growers, dealers, handlers, and processors of soft tree fruits, which include all varieties, subvarieties and "sport" varieties of cherries, apricots, peaches, prunes, plums and Bartlett pears. (Assessments and reporting on tart cherries and plums are suspended at present.) As to such fruit grown in 1963 and subsequent years these regulations hereby repeal and supersede all previous regulations.
Statutory Authority: Chapter 15.28 RCW. 00-19-007, §
										224-12-010, filed 9/6/00, effective 10/7/00; Regulation 1, filed 5/23/63; Regulation 1, filed 6/1/61; Regulations (part), filed 2/23/60.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-020 - Legal interpretation

Current through Register Vol. 24-14, July 15, 2024
These regulations pertain to the Soft Fruit Act of 1947, as amended (chapter 15.28 RCW). The terminology used herein has the same meanings as in the act. Each part of these regulations is separable; except for any part declared by legal constituted authority to be invalid or in conflict with existing law these regulations have the same force and effect as Washington state law, as provided in the act.
Regulation 2, filed 5/23/63; Regulation 2, filed 6/1/61; Regulations (part), filed 2/23/60.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-030 - Records

Current through Register Vol. 24-14, July 15, 2024
(1) Each dealer, handler, processor, or grower shall keep a complete and accurate record of the soft tree fruits handled, shipped, processed or produced by him. The dealer's or processor's record of fruit received shall include separate accounts for each grower or dealer who supplied fruit to him and shall show the supplier's name and mailing address, dates of purchase, kind of fruit and quantity of each delivery. There shall also be shown the amounts of any soft tree fruit assessments that were withheld from the supplier's account.
(2) There shall be kept a separate file on each fresh market shipment, with complete and accurate identification and description of the shipment.
(3) There shall be kept a separate account for each dealer, handler, or processor to whom fruit was sold for further handling or processing, and this record shall contain complete and accurate details of the transactions.
(4) The records described in subsections (1), (2), and (3), shall be maintained currently and kept as the principal place of business - subject to audit - for a period of not less than two years and shall be offered for examination at any reasonable time when official request is made by an authorized representative of the commission.
Statutory Authority: Chapter 15.28 RCW. 00-19-007, §
										224-12-030, filed 9/6/00, effective 10/7/00; Regulation 3-6, filed 5/23/63; Regulation 3-6, filed 6/1/61; Regulations (part), filed 2/23/60.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-040 - Responsibility for payment

Current through Register Vol. 24-14, July 15, 2024
The first handler is responsible for payment of soft tree fruit assessments, unless adequate evidence is furnished to him that payment has been made by the grower, but he shall charge the same against the grower, who is finally responsible for such payment. A grower who transports his own fruit to fresh market becomes a first handler under such circumstances.
Regulation 7, filed 5/23/63; Regulation 7, filed 6/1/61; Regulations (part), filed 2/23/60.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-050 - Shipments - Growers and dealers - Payment of assessment invoices

Current through Register Vol. 24-14, July 15, 2024
Inspection or shipping permit by the Washington state department of agriculture is required on each shipment of soft tree fruits to a fresh market outlet, and this includes shipment to any custom processor outside the area of production. The proper Washington state fruit commission assessments and any applicable federal marketing committee assessments on such shipment shall be remitted to the Washington soft fruit fund (in care of the Washington state department of agriculture or the fruit commission) by the person or firm that applied for inspection or release. The amounts of the assessments shall be determined by current assessment rates and the information contained in the inspection certificates or shipping permits. Payment of assessments shall be made upon inspection or release, or as determined in the reasonable discretion of the department and the commission by prompt payment of invoices issued to some regular accounts. (Combined collection of fruit commission and marketing committee assessments reduces over-all expenses to the industry.)
Regulation 8, filed 5/23/63; Rules (part), filed 6/1/61 and 2/23/60.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-060 - Shipments - Shipper report - Alternate method of paying assessments

Current through Register Vol. 24-14, July 15, 2024
(1) By specific written agreement between the fruit commission and any regular shipper, the shipper may elect to supply assessment information and payments based on his own records rather than through payment of assessment invoices supplied by the commission. Shipper report forms for this purpose will be supplied by the commission, or the shipper may report on his own stationary.
(2) The shipper reports shall be prepared from suitable records kept on file by the shipper and shall be based on his total packouts, or on his total shipments if he does not keep packout records. Transmittal of shipper reports and assessments shall be as specified by the agreement. (Objectives are to provide for payment of assessments as soon as reasonably possible and yet reduce the amount of employee time in handling assessments.)
(3) The agreement to transmit assessments by means of shipper reports may be terminated at any time by the shipper upon his written notice to the commission, provided that his shipper reports are up to date; and the commission may terminate the agreement at any time upon written notice to the shipper.
Regulation 8a, filed 5/23/63.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-070 - Processing fruit assessments - Reporting and payment - Growers, dealers, processors

Current through Register Vol. 24-14, July 15, 2024
(1) Each processor of Washington-grown soft tree fruits shall make an annual processor report to the commission on each soft tree fruit. This report shall show each first handler separately and also in total for individual growers the number of pounds delivered of commercial graded fruit, pounds of cull fruit, and amount of assessment payable on the commercial graded fruit. Processor reports shall also describe utilization of the fruit, showing poundage breakdowns of commercial graded fruit, and culls separately, for the quantities (a) canned, (b) brined, (c) frozen or otherwise processed, (d) resold to any other processor or dealer, and (e) dumped or destroyed.
(2) More than one commodity may be reported on a single processor report, providing time limits for reporting are observed and that the data for each commodity is kept separate and distinct. For each soft tree fruit which he did not process or handle during the current season, the processor shall report "none handled." Processor report forms will be supplied by the commission, laid out in a manner to provide convenient listing of the information desired. Each processor report shall be signed by the owner, executive officer or manager of the firm that is reporting. Washington soft tree fruit assessments shall be deducted by the processor from his growers' accounts, and this may include dealers who are primarily growers.
(3) Transmittal of the processor report and the payable assessments on each commodity shall be made by the processor to the Washington state fruit commission as soon as possible and within 21 days after each season's final delivery of raw fruit at the processor's packing or storing facilities.
(4) Each grower, broker, dealer, or handler of soft tree fruits who sells fruit to a broker, commercial processor or custom processor shall file, separately for each processor or broker to whom he sold, a processor report (or adequate letter of transmittal in lieu thereof) completed in the same manner and time described above as for processors and accompanied by payment of any assessments due the commission on such report. In any case in which the processor or broker does not deduct the proper assessment from the grower's account, the grower shall remit the assessment to the commission at the time he forwards his own processor report.
Statutory Authority: Chapter 15.28 RCW. 00-19-007, §
										224-12-070, filed 9/6/00, effective 10/7/00; Regulation 9-10, filed 5/23/63; Regulation 9-10, filed 6/1/61; Regulations (part), filed 2/23/60.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-080 - General provisions

Current through Register Vol. 24-14, July 15, 2024
(1) The soft fruit act provides that the assessments shall be paid by growers and are due prior to shipment. This includes out-of-state growers whose soft tree fruit is shipped into Washington and packed as Washington soft tree fruit. Packed as Washington soft tree fruit means soft tree fruits packed or processed in the state.
(2) The manner in which assessments shall be transmitted from the growers to commission, however, is established by these regulations, it being understood that when a handler or processor remits assessments to the commission he will have deducted the proper assessments back through the line of purchase and from the growers' accounts.
(3) Soft tree fruit assessments are imposed on the net pounds of commercial graded fruit shipped fresh or delivered to the processors. Cull fruit, except cherries which are brined, is exempt from assessments and also exempted are all sales of five hundred pounds, or less, of commercial graded soft fruit sold by the grower direct to consumer: Provided, however, That any shipment in excess of five hundred pounds shall be subject to said assessments irrespective of the ultimate disposition.
(4) On December 31 of each year, every Washington state soft tree fruit dealer, handler or processor shall file with the commission a written statement that he has -- to the best of his knowledge -- paid in full to the commission all soft tree fruit assessments properly due from him for the past season on both fresh market fruit and processing fruit. Or in the event that any assessments remain unpaid, such written statement shall describe the unpaid assessments, the reason for nonpayment, and make a definite commitment as to the date or dates when the assessment will be paid.
(5) These revised regulations, as provided in said act, have the force and effect of law, and any person who violates or aids in the violation of any of these regulations is in violation of Washington state law and is guilty of a misdemeanor.
(6) Ten percent per annum interest as a delinquent penalty is payable on assessments which are more than thirty days past due (to help cover extra costs of accounting and correspondence).
(7) The seal of the commission shall be circular in form and contain the following inscription: "WASHINGTON STATE FRUIT COMMISSION" around the outside of the seal and the word "SEAL" in the center thereof.
Statutory Authority: Chapter 15.28 RCW. 00-19-007, §
										224-12-080, filed 9/6/00, effective 10/7/00; Regulations 11-15, filed 5/23/63; Regulations 11-14, filed 6/1/61; Regulations (part), filed 2/23/60.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-090 - Bartlett pear assessment rate

Current through Register Vol. 24-14, July 15, 2024
As provided for by RCW    15.28.160 and 15.28.180, there is hereby levied on Bartlett pears, an assessment of up to a maximum of eighteen dollars per two thousand pounds of Bartlett pears shipped fresh, and an assessment of six dollars for each two thousand pounds of Bartlett pears delivered to processors.
Statutory Authority: Chapter 15.28 RCW, 1997 c 303. 98-14-108, §
										224-12-090, filed 7/1/98, effective 8/1/98. Statutory Authority: RCW    15.28.160 and 15.28.180. 81-16-034 (Order 4, Resolution 4), §
										224-12-090, filed 7/29/81; 80-06-058 (Order 3, Resolution 3), §
										224-12-090, filed 5/20/80, effective 7/1/80; Order 2, §
										224-12-090, filed 11/29/77, effective 1/1/78; Order 1, §
										224-12-090, filed 5/13/74, effective 7/1/74.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-100 - Description of commission, address and telephone number of the Washington state fruit commission

Current through Register Vol. 24-14, July 15, 2024
Headquartered at 105 S. 18th Street, Suite 205, Yakima, WA 98901,
				the Washington state fruit commission serves Washington soft tree fruit producers
				by supporting the industry in the areas of education, research, and marketing.
				The telephone number is 509-453-4837.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-105 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1)   The commission's public records shall be in the charge of the
				public records officer designated by the commission. The commission or its
				president may appoint a temporary public records officer to serve during the
				absence of the designated records officer. The public records officer shall be
				responsible for implementing the commission's rules regarding disclosure of
				public records, coordination of staff regarding disclosure of public records, and
				generally ensuring compliance by staff with public records disclosure
				requirements.
(2)   The name of the commission's current public records officer
				is on file with the office of the code reviser in accordance with RCW     42.56.580 and is published in the
Washington State
				Register
.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-110 - Request for public records

Current through Register Vol. 24-14, July 15, 2024
(1)   All requests for disclosure of public records must be
				submitted in writing directly to the commission's public records officer by mail
				to Washington State Fruit Commission, 105 S. 18th Street, Suite 205, Yakima, WA
				98901. The request may also be submitted by fax to 509-453-4880 or by email to
				legal@wastatefruit.com. The written request must include:
(a)   The name, address, and telephone number or other contact
				information of the person requesting the records;
(b)  The calendar date on which the request is made; and
(c)   Sufficient information to readily identify records being
				requested.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-115 - Response to public records requests

Current through Register Vol. 24-14, July 15, 2024
(1)   The public records officer shall respond to public records
				requests within five business days by:
(a)  Making the records available for inspection or copying;
(b)  Providing a link or address for a record available on the
				internet under RCW     42.56.520;
(c)  Acknowledging receipt of the request and providing a
				reasonable estimate of the time the commission will require to respond to the
				request;
(d)   Sending the copies to the requestor if copies are requested
				and payment of a deposit for the copies is made or terms of payment have been
				agreed upon; or
(e)  Denying the public records request. Responses refusing, in
				whole or in part, the inspection of a public record shall include a statement of
				the specific exemption authorizing withholding of the record, or any part of the
				record, and a brief explanation of how the exemption applies to the record
				withheld or to any redactions in records produced.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-120 - Fees-Inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1)   No fee will be charged for the inspection of public
				records.
(2)   Pursuant to RCW     42.56.120(2), the commission declares for the
				following reasons that it would be unduly burdensome for it to calculate the
				actual costs it charges for providing copies of public records: Funds were not
				allocated for performing a study to calculate actual costs and the commission
				lacks the necessary funds to perform a study and calculations; staff resources
				are insufficient to perform a study and to calculate such actual costs; and a
				study would interfere with and disrupt other essential agency functions.
(3)  The commission may charge fees for production of copies of
				public records consistent with the fee schedule established in RCW     42.56.120. For
				all copying or duplicating service charges incurred, an invoice will be sent to
				the requestor. Reimbursement is payable within fifteen days of receipt of invoice
				payable to the Washington state fruit commission. The commission may require that
				all charges be paid in advance of release of the copies of the records.
(4)  The commission or its designee may waive any of the foregoing
				copying costs.
(5)  For email requests that encompass more than twenty separate
				emails the commission may deliver said emails via electronic storage device; the
				commission works with third-party computer technicians who may be required to
				help fulfill public record solicitations. The commission may charge actual
				technician time fees to the requestor.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-125 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
The commission's public records are available for disclosure
				except as otherwise provided under chapter 42.56 RCW or any other law. Requestors
				should be aware of the following exemptions to public disclosure specific to
				commission records. This list is not exhaustive and other exemptions may
				apply:
(1)   Production or sales records required to determine assessment
				levels and actual assessment payments to the commission under chapter 15.28 RCW
				(reference RCW     42.56.380(3)).
(2)   Financial and commercial information and records supplied by
				persons:
(a)  To the commission for the purpose of conducting a referendum
				for the establishment of the commission; or
(b)  To the commission under chapter 15.28 RCW with respect to
				domestic or export marketing activities or individual producer's production
				information (reference RCW     42.56.380(5)).
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-130 - Review of denial of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1)   Any person who objects to the initial denial of a request to
				copy or inspect public records may petition the commission for review of such
				decision by submitting a written request to the commission. The request shall
				specifically refer to the statement which constituted or accompanied the
				denial.
(2)  The commission's president or designee shall immediately
				consider the matter and either affirm or reverse the denial within ten business
				days following the commission's receipt of the written request for review of the
				original denial.
(3)  Under RCW     42.56.530, if the commission denies a requestor
				access to public records because it claims the record is exempt in whole or in
				part from disclosure, the requestor may request the attorney general's office to
				review the matter.
(4)  Any person may obtain court review of a denial of a public
				records request under RCW     42.56.550.
Washington Administrative Code › Title 224 - Fruit Commission › Chapter 224-12 - Practice and procedure-Applicability-Assessments, etc › Section 224-12-135 - Records index

Current through Register Vol. 24-14, July 15, 2024
The commission shall establish a records index, which shall be
				made available for public review. The index includes the following
				records:
(1)  Commission authorizing statute;
(2)  Commission rules;
(3)  Minutes of commission meetings; and
(4)  Commission board roster.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-01 - Description of organization › Section 226-01-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
Chapter 175, Laws of 1998 provides that the freight mobility
				strategic investment board shall adopt reasonable rules and procedures
				necessary to implement the freight mobility program.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-01-010, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-01 - Description of organization › Section 226-01-020 - Freight mobility program intent

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the state of Washington that limited public
				transportation funding and competition between freight and general mobility
				improvements for the same fund sources require strategic, prioritized freight
				investments that reduce barriers to freight movement, maximize
				cost-effectiveness, yield a return on the state's investment, require
				complementary investments by public and private interests, and solve regional
				freight mobility problems. State financial assistance for freight mobility
				projects must leverage other funds from all potential partners and sources,
				including federal, county, city, port district, and private
				capital.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-01-020, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-01 - Description of organization › Section 226-01-030 - Organization of the freight mobility strategic investment board

Current through Register Vol. 24-14, July 15, 2024
The freight mobility strategic investment board (FMSIB) is a
				twelve-member board, organized under the provisions of chapter 175, Laws of
				1998. The board administers the freight mobility strategic investment program
				for the purpose of financing freight mobility projects. The following board
				members are appointed by the governor for terms of four years, except that five
				members initially are appointed for terms of two years:
(1) Two members, one of whom is from a city
			 located within or along a strategic freight corridor, appointed from a list of
			 at least four persons nominated by the association of Washington cities or its
			 successor;
(2) Two members, one of
			 whom is from a county having a strategic freight corridor within its
			 boundaries, appointed from a list of at least four persons nominated by the
			 Washington state association of counties or its successor;
(3) Two members, one of whom is from a port
			 district located within or along a strategic freight corridor, appointed from a
			 list of at least four persons nominated by the Washington public ports
			 association or its successor;
(4)
			 One member representing the office of financial management;
(5) One member appointed as a representative
			 of the trucking industry;
(6) One
			 member appointed as a representative of the railroads;
(7) The secretary of the department of
			 transportation;
(8) One member
			 representing the steamship industry; and
(9) One member of the general
			 public.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-01-030, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-01 - Description of organization › Section 226-01-040 - Time and place of meetings

Current through Register Vol. 24-14, July 15, 2024
Regular public meetings of the board shall be held on the third
				Friday of every odd numbered month. Each such regular meeting shall be held in
				SeaTac, Washington, and begin at the hour of 9:00 a.m. unless otherwise
				designated by the board and at which time will be posted to the register and
				FMSIB web site at least twenty days prior to the meeting.
A special meeting of the board may be called by the chairperson
				or by a majority of the members of the board, by delivering personally or by
				mail written notice to all other members of the board at least twenty-four
				hours before the time of such meeting as specified in the notice. The notice
				calling a special meeting shall state the purpose for which the meeting is
				called and the date, hour, and place of such meeting, and all provisions of
				chapter
				42.30 RCW shall
				apply.
Statutory Authority: Chapter 47.06A RCW. 02-08-076, §
										226-01-040, filed 4/3/02,
				  effective 5/4/02; 99-18-048, §
										226-01-040, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-01 - Description of organization › Section 226-01-050 - Address of board

Current through Register Vol. 24-14, July 15, 2024
Persons wishing to obtain information or to make submissions
				or requests of any kind shall address their correspondence to:
Executive Director,
Freight Mobility Strategic Investment Board
505 Union Avenue S.E., Suite 350
Post Office Box 40965
Olympia, Washington 98504-0965
Statutory Authority: Chapter 47.06A RCW. 02-08-076, §
										226-01-050, filed 4/3/02,
				  effective 5/4/02; 99-18-048, §
										226-01-050, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-01 - Description of organization › Section 226-01-060 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of implementing the requirements of chapter 175,
				Laws of 1998, relative to the freight mobility strategic investment board, the
				following definitions shall apply:
(1)
			 "Board" means the freight mobility strategic investment board
			 (FMSIB).
(2) "Department" means the
			 department of transportation.
(3)
			 "Freight mobility" means the safe, reliable, and efficient movement of goods
			 within and through the state to ensure the state's economic vitality.
(4) "Director" is the executive director of
			 the freight mobility strategic investment board.
(5) "Local governments" means cities, towns,
			 counties, special purpose districts, port districts, and any other municipal
			 corporations or quasi-municipal corporations in the state excluding school
			 districts.
(6) "Public entity"
			 means a state agency, city, town, county, port district, or municipal or
			 regional planning organization.
(7)
			 "Partnership" means the public entities sponsoring a project. The partnership
			 as used in this chapter does not include the board.
(8) "Lead agency" refers to the agency
			 selected by the project partnership to be the point of contact with the board
			 for a particular project.
(9)
			 "Original matching ratio" refers to the board's share of the project cost when
			 it was initially approved for funding.
(10) "Strategic freight corridor" means a
			 transportation corridor of great economic importance within an integrated
			 freight system that:
(a) Serves international
			 and domestic interstate and intrastate trade;
(b) Enhances the state's competitive position
			 through regional and global gateways;
(c) Carries freight tonnages of at least:
(i) Four million gross tons annually on state
			 highways, city streets, and county roads;
(ii) Five million gross tons annually on
			 railroads; or
(iii) Two and
			 one-half million net tons on waterways; and
(d) Has been designated a strategic corridor
			 by the board. However, new alignments to, realignments of, and new links to
			 strategic corridors that enhance freight movement may qualify, even though no
			 tonnage data exists for facilities to be built in the future.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-01 - Description of organization › Section 226-01-070 - Administration costs

Current through Register Vol. 24-14, July 15, 2024
The board costs for necessary services and facilities that are
				attributable to the freight mobility strategic investment program shall be paid
				from the biennial appropriation.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-01-070, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to ensure compliance by
				the board with the provisions of RCW    42.17.250 through 42.17.348 dealing with
				public records.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-02-010, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-020 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The freight mobility strategic investment board public records
				shall be in the charge of the executive director, who shall be the public
				records officer for the board. The person so designated shall be officed in the
				board's office in Olympia, Washington. The public records officer shall be
				responsible for implementation of the board's rules and regulations regarding
				release of public records, coordinating staff efforts of the board in this
				regard and generally ensuring compliance of the staff with the public records
				disclosure requirements of chapter 1, Laws of 1973 (chapter 42.17
				RCW).
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-02-020, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-030 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the board, as defined in chapter 42.17
				RCW, are available for public inspection and copying as provided in these
				rules, unless the record falls within the specific exemptions of RCW    42.17.310 or other statute exempting or prohibiting disclosure of specific information or
				records.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-02-030, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-040 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
Subject to the provisions of subsection (3) of this section,
				public records are obtainable by members of the public when those members of
				the public comply with the following procedures.
(1) A request shall be addressed to the
			 public records officer. Such request shall include the following:
(a) The name of the person requesting the
			 record.
(b) The time of day and
			 calendar date on which the request was made.
(c) The nature of the request.
(d) If the matter requested is referenced
			 within the current index maintained by the board, a reference to the requested
			 record as it is described in such current index.
(e) If the requested matter is not
			 identifiable by reference to the board's current index, a statement that
			 identifies the specific record requested.
(f) A verification that the records requested
			 shall not be used to compile a commercial sales list.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-050 - Availability for public inspection and copying of public records - Office hours

Current through Register Vol. 24-14, July 15, 2024
Public records shall be available for inspection and copying
				during the normal business hours of the board. For the purposes of this
				chapter, the normal office hours shall be from 8 a.m. to 5 p.m., Monday through
				Friday, excluding legal holidays.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-02-050, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-060 - Inspection and copying cost

Current through Register Vol. 24-14, July 15, 2024
(1) No
			 fee shall be charged for inspection of public records.
(2) The board shall impose a reasonable
			 charge for providing copies of public records and for the use by any person of
			 agency equipment to copy records; such charges shall not exceed the amount
			 necessary to reimburse the board for its actual costs incident to such copying.
			 Actual costs shall include the labor costs of staff, machine cost and paper
			 cost necessary to provide copies of requested records.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-02-060, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-070 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
In order to implement the provisions of RCW    42.17.290,
				requiring agencies to enact reasonable rules to protect public records from
				damage or disorganization, the following rules have been adopted.
(1) Copying of public documents shall be done
			 by board personnel and under the supervision of said personnel, upon the
			 request of members of the public under the procedures specified in WAC
			 226-02-040.
(2) No document shall be physically removed
			 by a member of the public from the area designated by the board for the public
			 inspection of documents for any reason whatever.
(3) When a member of the public requests to
			 examine an entire file or group of documents, as distinguished from a request
			 to examine certain individual documents which can be identified and supplied by
			 themselves, the board shall be allowed a reasonable time to inspect the file to
			 determine whether information protected from disclosure by RCW    42.17.310 is
			 contained therein, and the board shall not be deemed in violation of its
			 obligation to reply promptly to requests for public documents by reason of
			 causing such an inspection to be performed.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-02-070, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-080 - Denial of request

Current through Register Vol. 24-14, July 15, 2024
(1) The board
			 shall determine which public records requested in accordance with these rules
			 are exempt under the provisions of RCW    42.17.310 or other statute.
(2) Each denial of a request for a public
			 record shall be accompanied by a written statement to the person requesting the
			 record specifying the reasons for denial, including a statement of the specific
			 exemption authorizing the withholding of the record, in whole or in part, and a
			 brief explanation of how the exemption applies to the record or portion of
			 record withheld.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-02-080, filed 8/27/99,
				  effective 9/27/99.
Washington Administrative Code › Title 226 - Freight Mobility Strategic Investment Board › Chapter 226-02 - Public access to information and records › Section 226-02-090 - Review of agency denial

Current through Register Vol. 24-14, July 15, 2024
Whenever a person objects to a conclusion that a public record
				is exempt from disclosure, the person may request the attorney general to
				review the matter in accordance with RCW    42.17.325.
Statutory Authority: Chapter 47.06A RCW. 99-18-048, §
										226-02-090, filed 8/27/99,
				  effective 9/27/99.