Washington Administrative Code Title 244 - Hardwoods Commission
1. What Is WAC Title 244?
WAC Title 244 contains the administrative rules governing the Washington Hardwoods Commission. These rules are found primarily in Chapter 244-12 WAC.
In Washington’s legal system:
RCWs (Revised Code of Washington) are statutes passed by the Legislature.
WACs (Washington Administrative Code) are rules adopted by agencies to implement and administer those statutes.
Title 244 exists to carry out and operationalize chapter 15.74 RCW, which authorizes the creation of the Hardwoods Commission.
2. Purpose of the Hardwoods Commission
WAC 244-12-020 — Purpose
The Commission’s purpose is to promote the general welfare of Washington State by supporting and developing the hardwood industry.
Key objectives include:
Encouraging orderly development of hardwood markets
Supporting research, education, and technical assistance
Promoting hardwood products and species
Coordinating with state and federal agencies
Enhancing and protecting hardwood resources while recognizing environmental sensitivity
Supporting existing and new hardwood processing facilities
Legal meaning:
This rule clarifies that the Commission is not a regulatory enforcement agency, but a promotion, development, and coordination body funded by industry assessments.
3. Legal Authority and Limits
The Commission’s authority comes from statute, not from the WAC itself.
Important legal principles:
The Commission may only do what the statute authorizes
WAC rules cannot expand powers beyond the RCW
If a WAC conflicts with an RCW, the RCW controls
Proper adoption under the Administrative Procedure Act gives WAC rules the force of law
Courts treat Title 244 as delegated administrative authority, not independent lawmaking.
4. Commission Structure and Membership
WAC 244-12-040 — Commission Composition
The Commission consists of seven members
Members must:
Be Washington residents
Have substantial involvement and income from the hardwood industry
Members serve four-year terms
Members are elected by affected processors, not appointed by the Governor
A quorum of five members is required to conduct official business
Powers and Duties
The Commission may:
Hire staff and contractors
Keep financial and business records
Elect officers
Adopt internal rules and procedures
Hold meetings (including an annual meeting)
Administer assessment funds
Legal significance:
The Commission functions as a quasi-public, industry-governed entity, subject to public accountability rules but designed to represent industry interests.
5. Assessments and Funding
WAC 244-12-050 — Assessments
The Commission is funded by mandatory assessments imposed on affected hardwood processors.
Assessments are calculated per ton of hardwood processed
The assessment rate is set by rule
Assessments fund:
Marketing
Research
Education
Administration
WAC 244-12-060 — Reporting and Payment
Processors must file quarterly reports
Reports must state the volume of hardwood processed
Payment is due within 45 days after the quarter ends
Legal meaning:
These assessments are not taxes; they are statutorily authorized regulatory fees. Courts generally uphold such assessments when:
They are authorized by statute
They serve a legitimate public or industry purpose
They are applied uniformly
6. Definitions and Scope
WAC 244-12-030 — Definitions
Key defined terms include:
Affected processor – entities processing hardwood within Washington
Hardwood – species classified as hardwood under state law
Assessment – mandatory fee based on production volume
Fiscal year – accounting period used by the Commission
Why this matters:
Definitions strictly limit who must pay and what activity is covered. Any enforcement action would hinge on whether a party fits these definitions.
7. Administrative Safeguards
WAC 244-12-070 — Obligations of the Commission
The Commission must:
Properly account for funds
Use assessments only for authorized purposes
Operate in a financially responsible manner
WAC 244-12-080 and 244-12-090
Rules take effect on specified dates
If one rule is invalidated, the remainder remains in effect (severability)
8. Case Law: What Courts Have Said (and Not Said)
Direct Case Law on WAC Title 244
There is no published Washington Supreme Court or Court of Appeals decision interpreting WAC Title 244 or Chapter 244-12 specifically.
There are no reported appellate cases challenging the Hardwoods Commission’s assessments or governance rules.
What Courts Would Apply If a Case Arose
In the absence of direct precedent, courts would rely on general Washington administrative law principles, including:
Statutory Authority Review
Whether the Commission acted within powers granted by RCW 15.74.
Administrative Procedure Act Compliance
Whether rules and actions followed required procedures.
Reasonableness and Consistency
Whether the Commission’s interpretation of its rules is reasonable and consistent with statutory purpose.
Due Process
Whether affected processors received fair notice and opportunity to comply.
Analogous Commodity Commission Cases (General Principle)
Washington courts have consistently upheld commodity commissions (such as those for apples, dairy, or grain) when:
Assessments are authorized by statute
Funds are used for industry-wide benefits
Governance is transparent and procedurally sound
These principles would almost certainly guide any court reviewing Title 244.
9. Practical Legal Impact
Who Is Regulated?
Hardwood processors operating in Washington
What Is Required?
Quarterly reporting
Payment of assessments
Compliance with Commission rules
Likely Legal Disputes
Whether a business qualifies as an “affected processor”
Whether assessments were calculated correctly
Whether the Commission exceeded statutory authority
Whether procedures were properly followed
10. Summary
WAC Title 244 implements Washington’s Hardwood Commission statute
The Commission exists to promote and develop the hardwood industry
It is industry-governed, publicly accountable, and assessment-funded
The rules establish membership, funding, reporting, and administration
No published appellate case law directly interprets Title 244
Courts would apply standard administrative law principles if disputes arise
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