Section 16-240-038 - Revenue minimum determinationThe circumstances under which the department adjusts rates to meet the revenue minimum are as follows:
(1) When the daily volume of work at a service location at the established fees does not generate revenue at least equal to the straight time hourly rate per hour, per employee, a sufficient additional amount, calculated by using the straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum, except as provided in subsection (2) of this section.(2) The daily revenue minimum charge applies only to the Tier 1, Tier 2, and emergency tier metric tonnage rate shown in WAC 16-240-070 (2)(b) at USGSA Table 1 and in WAC 16-240-080 (2)(b) at AMA Table 1. When the Tier 3 rate is in effect (WAC 16-240-043, 16-240-070, and 16-240-080), export locations will not be subject to daily revenue minimum charges during the Tier 3 rate period allowed under WAC 16-240-043.(3) Work volume daily averaging at export locations will be determined as follows:(a) When the daily volume of work at a service location at the established fees does not generate revenue equivalent to the straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, according to the staffing needs at the facility, the department will charge an additional fee, except as provided in subsection (2) of this section.(b) The straight time hourly rate will be charged per hour, per employee.(c) Service cancellation fees, WAC 16-240-054, are not considered to be revenue under daily averaging.(4) Work volume monthly averaging at export locations will be determined as follows:(a) When the applicant has requested the department to establish one or more permanent shifts, the applicant may request, in writing, that the revenue minimum required for staffing at the location be determined based on the completed invoices for the calendar month, instead of paying the fees for daily volume of work.(b) Under this subsection (4), and except for when the work volume monthly averaging for the revenue minimum is determined under (a) of this subsection, when the monthly volume of work at the established fees does not generate revenue equivalent to the contract/noncontract straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, according to the staffing needs at the facility, a sufficient additional amount, calculated by using the contract/noncontract straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum for each month during which work volume monthly averaging applies. As provided under (e) of this subsection, this revenue minimum adjustment applies only during any month when Tier 1, Tier 2, and emergency tier rates are in effect.(c) At export locations, the request for monthly averaging stays in effect until canceled.(d) Service cancellation fees under WAC 16-240-054 are not considered to be revenue under monthly averaging.(e) The monthly revenue minimum charge applies only to the Tier 1, Tier 2, and emergency tier rate shown in USGSA Table 1 under WAC 16-240-070 (2)(b) and AMA Table 1 under WAC 16-240-080 (2)(b) of this schedule. When the Tier 3 rate is in effect, export locations will not be subject to daily revenue minimum charges during the Tier 3 rate period allowed under WAC 16-240-043. When the department provides services at a nonexport location or a transloading facility, and the hourly, unit, and applicable travel fees do not cover the cost of providing the service, a sufficient additional amount calculated by using the travel straight time hourly rate per hour, per employee, will be added to the established fee amount to meet the revenue minimum.
Wash. Admin. Code § 16-240-038
Amended by WSR 16-12-076, Filed 5/27/2016, effective 7/1/2016Amended by WSR 17-19-051, Filed 9/13/2017, effective 10/14/2017Amended by WSR 22-23-008, Filed 11/3/2022, effective 12/5/2022Amended by WSR 24-15-065, Filed 7/17/2024, effective 8/17/2024Statutory Authority: RCW 15.17.050, 2012 2nd sp.s. c 7 , and chapter 34.05 RCW. 12-21-064, § 16-240-038, filed 10/17/12, effective 11/17/12. Statutory Authority: 2003 1st sp.s. c 25 § 309(2); RCW 22.09.790, chapter 34.05 RCW and The United States Department of Agriculture has oversight of fees charged under the Federal Grain Inspection, Packers and Stockyards Administration. 05-11-058, § 16-240-038, filed 5/17/05, effective 6/17/05.