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Chapter 16-573 WAC

Last Update: 12/28/18

OILSEEDS COMMISSION

WAC Sections

HTMLPDF16-573-005Marketing order for Washington oilseeds—Policy statement.
HTMLPDF16-573-010Definitions.
HTMLPDF16-573-020The oilseeds board.
HTMLPDF16-573-030Marketing order purposes.
HTMLPDF16-573-040Assessments and collections.
HTMLPDF16-573-041Time—Place—Method for payment and collection of assessments.
HTMLPDF16-573-050Obligations of the board.
HTMLPDF16-573-051Description of commission, address, and telephone number of the Washington oilseeds commission.
HTMLPDF16-573-052Public records officer.
HTMLPDF16-573-053Request for public records.
HTMLPDF16-573-054Response to public records requests.
HTMLPDF16-573-055FeesInspection and copying.
HTMLPDF16-573-056Exemptions.
HTMLPDF16-573-057Review of denial of public records requests.
HTMLPDF16-573-058Records index.
HTMLPDF16-573-060Termination of the order.
HTMLPDF16-573-080Severability.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
16-573-070Effective time. [Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-070, filed 2/4/98, effective 6/1/98.] Repealed by WSR 14-06-050, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapters 15.65 and 34.05 RCW.


PDF16-573-005

Marketing order for Washington oilseeds—Policy statement.

(1) The marketing of canola, rapeseed, and mustard (oilseeds) within this state is in the public interest. It is vital to the continued economic well-being of citizens of this state and their general welfare that its canola, rapeseed, and mustard (oilseeds) industry be properly promoted by:
(a) Enabling producers of canola, rapeseed, and mustard (oilseeds) to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the oilseeds they produce; and
(b) Working towards stabilizing the agricultural industry by increasing production of oilseeds within the state.
(2) That it is in the overriding public interest that support for the oilseed industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that oilseeds be promoted individually and as part of a comprehensive agricultural industry to:
(a) Enhance the reputation and image of Washington state's oilseeds;
(b) Increase the sale and use of Washington state's oilseeds in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's oilseeds;
(d) Increase the knowledge of the qualities and value of Washington state's oilseed products; and
(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of oilseeds produced in Washington state.
(3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.
(4) The Washington state oilseeds commodity board exists primarily for the benefit of the people of the state of Washington and its economy and, with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to oilseeds under the provisions of this marketing order.
[Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-005, filed 2/27/14, effective 3/30/14.]



PDF16-573-010

Definitions.

The following definitions for terms used in this chapter must be interpreted as consistent with the definitions in chapter 15.65 RCW, Washington state agricultural commodity boards.
"Act" means the Washington State Agriculture Enabling Act or chapter 15.65 RCW.
"Affected area" means the state of Washington.
"Affected unit" means one hundred pounds (hundredweight) of oilseeds as defined in this section.
"Board" means the oilseeds commodity board formed under WAC 16-573-020.
"Commercial quantity" means all oilseeds produced for market in any calendar year by any producer.
"Commission" means the Washington oilseeds commission.
"Department" means the department of agriculture of the state of Washington.
"Director" means the director of agriculture of the state of Washington or the director's duly appointed representative.
"Disclosure" means inspection or copying.
"Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing or distributing oilseeds not produced by the handler and includes any lending agencies for a commodity credit corporation loan to producers. For the purposes of this chapter, a handler is the same as an "affected handler" under chapter 15.65 RCW. Handler does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.
"Marketing season" or "fiscal year" means the twelve-month period beginning on June 1st of any year and ending with the last day of May, both dates being inclusive.
"Oilseeds" means any of the Brassica Sp. oilseeds (canola and rapeseed) and all mustards, produced for use as oil, meal, planting seed, condiment, or other industrial or chemurgic uses.
"Person" means any individual, firm, association, corporation, limited liability company, trust, partnership, society, or any other organization of individuals or any unit or agency of local or state government.
"Producer" means any person who produces, or causes to be produced, in commercial quantities, oilseeds in the state of Washington. "To produce" means to act as a producer. For the purposes of this order, a "producer" is the same as an "affected producer" under chapter 15.65 RCW.
"Public records" include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.
"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.
[Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-010, filed 2/8/17, effective 3/11/17. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-010, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-010, filed 2/4/98, effective 6/1/98.]



PDF16-573-020

The oilseeds board.

(1) Administration. The provisions of this order and the applicable provisions of the act is administered and enforced by the oilseeds board as the designee of the director.
(2) Board membership.
(a) The board shall consist of seven members as follows:
Position 1 is appointed by the director and must be a producer.
Position 2 is appointed by the director and must be a producer.
Position 3 is elected by the producers and must be a producer.
Position 4 is elected by the producers and must be a producer.
Position 5 is elected by the producers and must be a producer.
Position 6 is appointed by the director and must be a handler.
Position 7 is appointed by the director to represent the department and the public and must be neither a producer nor a handler.
(b) Transition to amended marketing order: The position numbers under the prior marketing order correspond to the positions under the amended marketing order as follow:
Prior Marketing
Order Position
Amended Marketing
Order Position
1
 
1
 
2
 
2
 
3
 
3
 
4
 
Eliminated
5
 
4
 
6
 
5
 
7
 
6
 
8
 
7
 
(c) Board members elected or appointed under the prior marketing order shall continue to serve their respective terms, provided that thirty days from the effective date of this amended marketing order, the board shall forward to the director the names of the board members elected or appointed to position 1, 2, and 6 under this amended marketing order, whereupon the director will appoint the members to serve their respective terms. The qualifications required for each position under this amended marketing order become effective upon expiration of any terms starting under the prior marketing order. Any vacancies on the effective date of this amended marketing order must be filled in conformance with this amended marketing order.
(3) Board membership qualifications.
(a) At the time of election or appointment to the board, the producer members of the board must be actually engaged in producing oilseeds in the state of Washington; citizens and residents of the state; over the age of eighteen years; and not handlers or dealers of oilseeds. Further, the producer members must have derived a substantial portion of income from actually producing oilseeds in Washington during the preceding five-year period.
(b) At the time of appointment to the board, the handler member of the board must be actually engaged in handling oilseeds in the state of Washington, either individually or as an officer or an employee of a corporation, firm, partnership, association or cooperative; a citizen and resident of this state; and over the age of eighteen years. Further, the handler member must have derived a substantial portion of income from actually handling oilseeds in Washington during the preceding five-year period.
(c) Board members must meet the qualifications of board members throughout their term of office.
(4) Term of office. The term of office for members of the board is three years beginning under this amended marketing order as follows:
Positions 1 and 3: First term expires May 31, 2014;
Positions 2 and 4: First term expires May 31, 2015;
Positions 5 and 6: First term expires May 31, 2016.
(5) Nomination of board members.
(a) Each year the director shall call for nomination meetings for board position terms that are about to expire, regardless of whether the position is elected or director appointed. The meeting(s) must be held at least thirty days in advance of the date set by the director for the election or advisory vote.
(b) Notice of a nomination meeting must be published in newspapers of general circulation within the affected area at least ten days in advance of the date of the meeting and in addition, written notice of every meeting must be given to all affected producers according to the list maintained by the board pursuant to RCW 15.65.295.
(c) A finding that an interested person did not receive notice will not invalidate the proceedings at the nomination meeting.
(d) Any producer may nominate a qualified producer orally for membership on the board at the nomination meeting. Nominations may also be by written petition signed by at least five producers and filed with the director within five days after the nomination meeting.
(e) If the board moves and the director approves that the nomination meeting procedure be waived, the director shall give notice of the vacancy by mail to all producers. Nominating petitions for producers or handlers must be signed by at least five affected producers or handlers, as applicable. The final date for filing nominations must be at least twenty days after the notice was mailed.
(f) When only one nominee is nominated for any position, RCW 15.65.250 applies and the director shall determine whether the nominee meets the qualifications for the position and, if so, declare the nominee elected or appoint the nominee to the position.
(6) Election or advisory vote of board members.
(a) Elections and advisory votes must be conducted by secret mail ballot within the month of April under the supervision of the director. Elected producer members of the board must be elected by a majority of the votes cast by the producers. Each producer is entitled to one vote.
(b) If a nominee does not receive a majority of the votes on the first ballot a runoff election must be held by mail in a similar manner between the two candidates for the position receiving the largest number of votes.
(c) If more than two candidates are nominated for any director-appointed producer or handler board member position, an advisory vote must be conducted under RCW 15.65.243. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the board. If only two candidates are nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.
(d) Notice of every election or advisory vote for board membership must be published in a newspaper of general circulation within the affected area at least ten days in advance of the date of the election or advisory vote. At least ten days before every election for board membership, the director shall mail a ballot of the candidates to each producer entitled to vote whose name appears upon the list of the producers maintained by the board pursuant to RCW 15.65.295. Any other producer entitled to vote may obtain a ballot by application to the director upon establishing their qualifications.
(e) A finding that a producer did not receive a ballot will not invalidate the election or advisory vote of any board member.
(7) Vacancies.
(a) In the event of a vacancy on the board in an elected position, the remaining members shall select a qualified person to fill the unexpired term. The appointment shall be made at the first or second board meeting after the position becomes vacant.
(b) In the event of a vacancy in a director-appointed position, the remaining board members will recommend to the director a qualified person for appointment to the vacant position. The director will appoint the person recommended by the board unless the person fails to meet the qualifications of board members under RCW 15.65 and this order.
(8) Quorum. A majority of the members is a quorum for the transaction of all business and to execute the duties of the board.
(9) Board compensation. No board member will receive any salary or other compensation, but each member may be compensated for each day in actual attendance at or traveling to and from meetings of the board or on special assignment for the board, in accordance with RCW 43.03.230 together with travel expenses in accordance with RCW 43.03.050 and 43.03.060. The board may adopt by resolution a provision for reimbursement of actual travel expenses incurred by members and employees of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270.
(10) Powers and duties of the board. The board shall have the following powers and duties:
(a) To administer, enforce and control the provisions of this order as the designee of the director.
(b) To elect a chair and other officers as the board deems advisable.
(c) To employ and discharge at its discretion the personnel, including attorneys engaged in the private practice of law subject to the approval and supervision of the attorney general, as the board determines are necessary and proper to execute the purpose of the order and effectuate the declared policies of the act.
(d) To pay only from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration and enforcement of the order. The expenses and costs may be paid by check, draft or voucher in the form and the manner and upon the signature of the person as the board may prescribe.
(e) To reimburse any applicant who has deposited money with the director to defray the costs of formulating the order.
(f) To establish an "oilseed board marketing revolving fund" and to deposit the fund in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board, except as the amount of petty cash for each day's needs, not to exceed one hundred dollars, shall be deposited each day or as often during the day as advisable.
(g) To keep or cause to be kept in accordance with accepted standards of good accounting practice accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions made and done under this order. The records, books and accounts must be audited subject to procedures and methods lawfully prescribed by the state auditor. The books and accounts must be closed as of the last day of each fiscal year of the commission. A copy of the audit shall be delivered within thirty days after completion to the governor, the director, the state auditor and the board.
(h) To require a bond of all board members and employees of the board in a position of trust in the amount the board may deem necessary. The premium for the bond or bonds must be paid by the board from assessments collected. The bond may not be necessary if any board member or employee is covered by any blanket bond covering officials or employees of the state of Washington.
(i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year.
(j) To establish by resolution a headquarters which shall continue unless changed by the board. All records, books and minutes of board meetings must be kept at the headquarters.
(k) To adopt rules of a technical or administrative nature, under chapter 34.05 RCW (Administrative Procedure Act).
(l) To execute RCW 15.65.510 covering the obtaining of information necessary to effectuate the order and the act, along with the necessary authority and procedure for obtaining the information.
(m) To bring actions or proceedings upon joining the director as a party for specific performance, restraint, injunction or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed by the act or order.
(n) To confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements or orders.
(o) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.
(p) To enter into contracts and interagency agreements with any private or public agency, whether federal, state, or local. Purchasing and contracting must comply with chapter 39.26 RCW.
(q) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.
(r) To enter into contracts of agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of oilseeds.
(s) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.
(t) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of oilseeds including activities authorized under RCW 42.17A.635, including the reporting of those activities to the public disclosure commission.
(u) To maintain a list of names and addresses of producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each producer's production for a minimum three-year period pursuant to RCW 15.65.280.
(v) To maintain a list of names and addresses of all persons who produce oilseeds and the amount, by unit of oilseeds produced during the past three years pursuant to RCW 15.65.295.
(w) To establish a foundation using commission funds as grant money for the purposes established in this marketing order.
(x) To execute any other grant of authority or duty provided designees and not specifically set forth in this section.
(11) Procedures for board.
(a) The board shall hold regular meetings, at least quarterly, with the time and date fixed by resolution of the board and held in accordance with chapter 42.30 RCW (Open Public Meetings Act). The board shall file notice of the time and place of regular meetings with the code reviser on or before January of each year for publication in the state register. The board shall publish notice of any change from such meeting schedule in the state register for distribution at least twenty days prior to the rescheduled meeting date.
(b) The board shall hold an annual meeting, at which time an annual report will be presented. The proposed budget must be presented for discussion at the meeting. The board must give notice of the annual meeting at least ten days prior to the meeting by written notice to each producer.
(c) The board shall establish by resolution the time, place, and manner of calling special meetings of the board with reasonable notice to the members. Any board member may waive, in writing, notice of any special meeting. Notice of special meetings must comply with chapter 42.30 RCW.
[Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-020, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-020, filed 2/4/98, effective 6/1/98.]



PDF16-573-030

Marketing order purposes.

This marketing order is to promote the general welfare of the state and for the purpose of maintaining existing markets or creating new or larger local, domestic and foreign markets; or increasing production efficiency, ensuring a fair regulatory environment; or increasing per capita use of oilseed products grown in Washington state. The Washington state oilseeds board is designated by the director to conduct the following programs in accordance with chapter 15.65 RCW:
(1) Establish plans and conduct programs for marketing, sales, promotion or other programs for maintaining present markets or creating new or larger markets for oilseeds. The programs shall be directed toward increasing the sale of oilseeds without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims in behalf of oilseeds nor disparage the quality, value, sale or use of any other agricultural commodity.
(2) Provide for research in the production, processing, irrigation, transportation, handling or distribution of oilseeds and expend the necessary funds for such purposes. Insofar as practicable, the research must be carried out by Washington State University, but if in the judgment of the board the Washington State University does not have adequate facilities for a particular project or if some other research agency has better facilities, the project may be carried out by other research agencies selected by the board.
(3) Provide for the prevention, modification or removal of trade barriers which obstruct the free flow of the affected commodity to market.
(4) Conduct programs for the purpose of providing information and education including:
(a) Marketing information and services for producers of oilseeds for the verification of grades, standards, weights, tests and sampling of quality and quantity of oilseeds purchased by handlers from producers;
(b) Information and services enabling producers to meet their resource conservation objectives;
(c) Oilseed-related education and training.
(5) Subject to the provisions of the act, provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of oilseeds produced in Washington state to any elected official or officer or employee of an agency.
(6) The director shall approve any plans, programs, and projects concerning:
(a) The establishment, issuance, effectuation and administration of programs authorized under this section for advertising and promotion of oilseeds.
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that marketing and utilization of oilseeds may be encouraged, expanded, improved, or made more efficient.
(7) Prohibit making or publishing false or misleading advertising. The regulation may authorize uniform trade practices applicable to all similarly situated handlers and, or other persons.
[Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-030, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-030, filed 2/4/98, effective 6/1/98.]



PDF16-573-040

Assessments and collections.

(1) Assessments.
(a) The assessment on all varieties of oilseeds subject to this marketing order shall be ten cents per hundredweight and shall be deducted by the first purchaser from the price paid to the grower. The assessment shall be remitted to the board in accordance with procedures adopted by the board.
(b) The assessments shall not be payable on any oilseeds used by the producer on their premises for feed, seed and personal consumption.
(2) Collections. Excess moneys collected by the board under this order during the fiscal year may be carried over and used during the next successive fiscal year. The board may also recommend that excess moneys at the close of a fiscal year be refunded on a pro rata basis to the producers from whom the moneys were collected.
(3) Penalties. Any due and payable assessment levied in the specified amount as may be determined by the board under the act and this order is a personal debt of the person assessed or who owes the debt, and it is due and payable to the board when payment is called for by the board. If a person fails to pay the board the full amount of the assessment by the date due, the board may add to the unpaid assessment or sum an amount not exceeding ten percent of the amount owed. In the event of failure of the person or persons to pay the full amount due, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-040, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-040, filed 2/4/98, effective 6/1/98.]



PDF16-573-041

Time—Place—Method for payment and collection of assessments.

Effective with the growing season of 1998, the following procedure is established for the reporting and paying of assessments levied pursuant to RCW 15.65.410 and WAC 16-573-040:
(1) All first handlers of oilseeds grown in the state of Washington, or the person acting on behalf of a first buyer, shall withhold the amount of assessment from their remittance to growers of oilseeds and transmit it to the board.
(2) All assessments will be due and payable to the board within thirty days of collection. With the submission of the assessments, a report listing the name, address, volume handled or purchased and amount deducted or collected for each producer must be submitted to the board on forms provided by or approved by the board.
(3) Any assessments paid after the above deadlines shall be accompanied by a penalty fee of ten percent in accordance with RCW 15.65.440 of the act.
[Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-041, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-041, filed 2/4/98, effective 6/1/98.]



PDF16-573-050

Obligations of the board.

Obligations incurred by the board or employee or agent pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the board, employee or agent incurred in their official capacity under this order shall exist either against the board, officers, employees or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent) established under this act or the assets thereof. The board, and its agents and employees, shall not be held responsible individually in any way whatever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No person or employee shall be held responsible individually for any act or omission of any other board, member of the board, or other person. The liability of the members of the board shall be several and not joint and no member shall be liable for the default of any other member.
[Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-050, filed 2/4/98, effective 6/1/98.]



PDF16-573-051

Description of commission, address, and telephone number of the Washington oilseeds commission.

Headquartered in Kennewick at 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336, the Washington oilseeds commission serves Washington oilseed producers by supporting the oilseed industry in the areas of research and marketing. The telephone number is 509-585-5460.
[Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-062, § 16-573-051, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-051, filed 2/8/17, effective 3/11/17.]



PDF16-573-052

Public records officer.

(1) The commission's public records shall be in the charge of the public records officer designated by the commission. The commission or its executive director 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 insuring 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.
[Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-052, filed 2/8/17, effective 3/11/17.]



PDF16-573-053

Request for public records.

(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 oilseeds commission, 6601 W. Deschutes Ave., Suite C-2, Kennewick, WA 99336. The request may also be submitted by fax to 509-585-2671 or by email to: shanej@agmgt.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.
(2) Any person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the commission's public records, the following will apply:
(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;
(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;
(c) Public records may not be marked or altered in any manner during the inspection;
(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission's office and the availability of authorized staff to operate that equipment.
[Statutory Authority: RCW 15.65.050 and chapter 34.05 RCW. WSR 19-02-062, § 16-573-053, filed 12/28/18, effective 1/28/19. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-053, filed 2/8/17, effective 3/11/17.]



PDF16-573-054

Response to public records requests.

(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.
(2) Additional time to respond to the request may be based upon the need to:
(a) Clarify the intent of the request;
(b) Locate and assemble the information requested;
(c) Notify persons or agencies affected by the request; or
(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.
(3) In acknowledging receipt of a public records request that is unclear, the public records officer may ask the requestor to clarify what records the requestor is seeking. The public records officer is not obligated to provide further response if the requestor fails to clarify the request.
(4) In the event the requested records name a specific person or pertain to a specific person and may be exempt from disclosure, the commission may, prior to providing the records, give notice to others whose rights may be affected by the disclosure. Sufficient notice will be given to allow affected persons to seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.
[Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-054, filed 2/8/17, effective 3/11/17.]



PDF16-573-055

FeesInspection and copying.

(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 oilseeds 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.
[Statutory Authority: Chapters 42.56 and 34.05 RCW. WSR 18-06-097, § 16-573-055, filed 3/7/18, effective 4/7/18. Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-055, filed 2/8/17, effective 3/11/17.]



PDF16-573-056

Exemptions.

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 15.65 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 15.65 RCW with respect to domestic or export marketing activities or individual producer's production information (reference RCW 42.56.380(5)).
(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).
(4) Records that are relevant to a controversy to which the commission is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the commission and the office of the attorney general (reference RCW 5.60.060(2) and 42.56.290).
(5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required or governed by other law (reference RCW 42.56.230(5)).
[Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-056, filed 2/8/17, effective 3/11/17.]



PDF16-573-057

Review of denial of public records requests.

(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 statement which constituted or accompanied the denial.
(2) The commission's executive director 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.
[Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-057, filed 2/8/17, effective 3/11/17.]



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Records index.

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 marketing order;
(3) Minutes of commission meetings;
(4) Commission board roster; and
(5) List of research projects.
[Statutory Authority: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW. WSR 17-05-031, § 16-573-058, filed 2/8/17, effective 3/11/17.]



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Termination of the order.

Termination shall be accomplished pursuant to RCW 15.65.183 through 15.65.193.
[Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-060, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-060, filed 2/4/98, effective 6/1/98.]



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Severability.

If any provisions of the order are declared invalid, or the applicability to any person, circumstances or thing is held invalid, the validity of the remainder provisions or of the applicability to any other person, circumstances or thing shall not be affected.
[Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-06-050, § 16-573-080, filed 2/27/14, effective 3/30/14. Statutory Authority: Chapter 15.65 RCW. WSR 98-04-093, § 16-573-080, filed 2/4/98, effective 6/1/98.]