(1) The effective date of this rule is July 1, 2011.

(2) General provisions applying to all sections of this rule are as follows:

(a) Normal office hours are 8 a.m. to 5 p.m., Monday through Friday. All other hours and holidays will be considered overtime.

(i) Sampling hours are 8 a.m. to 5 p.m. Monday through Friday. Sampling hours will need to be scheduled the day before if required outside the normal office hours. All other hours and holidays will be considered overtime.

(b) The regular hourly rate for travel time and stand-by fee is $16 per hour per individual assessed in half-hour intervals.

(c) Overtime and holiday hourly rate is $23.50 per hour per individual assessed except that before or for a continuation of a regular work day, actual overtime hours will be charged.

(d) Holidays are as adopted in 1-1-216, MCA (e.g., New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, and Election Day).

(e) Mileage, travel time, and travel expenses are as follows:

(i) Mileage charges shall be assessed per Title 2, chapter 18, part 5, MCA for state employees which is equal to the United States Internal Revenue Service (IRS) mileage allotment. Any change to the mileage rate is effective when the IRS changes their standard mileage rate. The mileage charges will be prorated where possible. Mileage will not be charged within five miles of an official state grain laboratory location.

(ii) For each out-of-town trip requested, the applicant will be charged at the regular hourly rate, except when work is conducted while in overtime status or on holidays. Work conducted while in overtime status or on holidays will be charged at the overtime rate, prorated where possible.

(iii) Travel expenses, i.e., per diem, lodging, and mileage will be assessed the applicant in addition to other fees and charges.

(f) Copies of certificates, per certified copy................ $2.50

In case of a data entry or typographical error, a corrected certificate will be issued without a fee.

(g) Fax charge, per transmission................ $3.00

(h) Actual postage or delivery service charges will be added to sampling and other fees.

(i) The priority service fee shall be $2.50 per submitted sample in addition to the fees set forth in this rule. Submitted priority samples shall be done within 48 hours or less, on a first arrival basis. Priority service includes electronic report. Priority service will be automatically suspended if backlog of regular samples exceeds two weeks. If priority service is suspended, all submitted sample fees will be assessed at the appropriate rate.

(j) Requests for services not covered by this rule will be performed at the applicable hourly rate stated herein plus mileage and travel time if applicable.

(3) Fees for official services provided under the United States Grain Standards Act (USGSA) – includes federal grain inspection services (FGIS) supervision fees.

(a) All general provisions of (2) above shall apply.

(b) Official lot inspection sampling with grade, bulk, boxcar, hopper car or truck/trailer, per request, sampling and grade only:

(i) Level one official sampling service when the state grain laboratory furnishes the sampling crew................ $21.00

(ii) Level two official sampling service when the state grain laboratory furnishes a licensed sampler to write identification tickets, supervise elevator employees while sampling and seal samples for delivery to the state grain laboratory................ $16.00

(iii) Official lot reinspection based on new sample – all regular fees assessed.

(c) Sampling only (does not include grade) – bulk, boxcar, hopper car or truck/trailer, per request, (all grains)................9.00

(d) Stowage examination per unit (in excess of one hour – hourly rate applies)................ $7.00

(e) submitted sample inspection – include DKT (damaged kernels total) identified, FM (foreign material) identified, SHBN (shrunken and broken kernels), and DEF (total defects)................$8.00

(i) per sample................$8.00

(ii) reinspection based on file sample (original numerical grade sustained) regular fee assessed................$8.00

(iii) reinspection based on file sample (original numerical grade changed) – no fee will be assessed.

(f) protein tests, per sample:

(i) near infrared transmittance (NIRT) wheat, barley, and corn................$5.50

(ii) protein retest – (original protein test sustained)................$5.50

(iii) protein retest – (original protein test changed) – differences of more than 0.3% – no fee will be assessed.

(g) corn, oil, and/or starch................$3.00

(h) DHV, HVAC or factor only determination: e.g., dark, hard viterous (DHV) kernels; hard, viterous kernels of amber color (HVAC), per factor................$2.50

(i) additional statements, factors, or results as requested by the applicant................$2.50

(j) malting barley analysis, includes actual percent of plump barley, skinned and broken kernels, and thin barley, per request................$5.00

(k) vomitoxin (DON) per quantitative analysis test................$23.50

(l) official commercial services performed under the USGSA:

(i) official commercial inspection services and fees may be negotiated on a case-by-case basis.

(4) Fees for official services provided under the Agricultural Marketing Act of 1946 (AMA) as amended – beans, peas, and lentils.

(a) All general provisions of (2) above shall apply.

(b) sampling fees:

(i) bulk samples from boxcars, hopper cars, truck/trailers................$9.00

(ii) bagged................Hourly Rate

(c) grade only per lot or sample:

(i) field run................$13.00

(ii) other than field run................$11.00

(d) factor only determination, per factor................$2.50

(e) falling numbers only determination................$11.00

(f) additional statements, factors, or results as requested by the applicant................$2.50

(5) Fees for laboratory services not performed under the USGSA or AMA:

(a) all general provisions of (2) above shall apply.

(b) lot inspection sampling with grade for bulk, boxcar, hopper car or truck/trailer, per request, sampling and grade only:

(i) level one sampling service fee when the state grain laboratory furnishes the sampling crew................$21.00

(ii) level two sampling service fee when the state grain laboratory furnishes a licensed sampler to write identification tickets, supervise elevator employees while sampling, and seal samples for delivery to the state grain laboratory................$16.00

(iii) lot reinspection – all regular fees assessed.

(c) sampling only (does not include grade) – bulk, boxcar, hopper car or truck/trailer, per request, (all grains)................$9.00

(d) stowage examination per unit (in excess of one hour, hourly rate applies)................$7.00

(e) submitted Montana specialty crop grades (unless specifically listed) per sample................$8.00

(f) submitted buckwheat grades, per sample:

(i) processed................$8.00

(ii) field run................$13.00

(g) submitted hulless or hulless waxy barley grades, per sample................$12.00

(h) reinspection for grade based on file sample:

(i) original numerical grade sustained – regular fee assessed.

(ii) original numerical grade changed – no fee will be assessed.

(i) protein test, per sample:

(i) non-official NIRT, (e.g., khorasan)................$5.50

(ii) protein retest – original protein test sustained – regular protein fee assessed.

(iii) protein retest – original protein test changed – differences of more than 0.3% – no fee will be assessed.

(j) malting barley:

(i) germination, 72 hour hydrogen peroxide, or 72 hour blotter, per determination................$7.00

(k) vomitoxin (DON) per quantitative analysis test................$23.50

(l) falling numbers only determination................$11.00

(m) DHV, HVAC or factor only determination, per factor................$2.50

(n) additional statements, factors, or results as requested by the applicant................$2.50