Washington Administrative Code

(1) Formal adjudicative proceedings: The department incorporates by reference the model rules of procedure, as now or as hereinafter amended, for the department's adjudicative proceedings conducted under RCW 34.05.413 through 34.05.479. The model rules of procedure are those that…

May the department settle a dispute without an adjudicative proceeding? The department may informally settle disputes. To explore the possibility of settlement, you should consider discussing settlement options with the department. Generally, settlement negotiations will not be a…

What is the standard of proof? Unless the rules or law requires otherwise, the standard of proof in an adjudicative proceeding is a preponderance of the evidence. Preponderance of the evidence means the evidence as a whole makes a fact more probable than not.[Statutory Authority:…

What does a presiding officer consider? The presiding officer will conduct a de novo review of the department's action(s) in reaching its initial order. New facts and law may be presented to the presiding officer to support or contest a department action in the course of an adjud…

What limits apply to discovery in adjudicative proceedings being conducted by the department? Discovery in any adjudicative proceeding must comply with Civil Rule (CR) 26 through CR 36 unless otherwise agreed by the parties or ordered by the presiding officer.[Statutory Authority…

How may exhibits be presented? Any party intending to offer documentary evidence during the hearing must prepare a minimum of two copies of each document to be offered, and must give one complete copy to each of the other parties of record no later than the date set for the heari…

May the parties access the data underlying expert or opinion testimony? The presiding officer or other appropriate officer, in her/his discretion but consistent with the rights of the parties, may cause the parties to make available for inspection in advance of the hearing, and f…

When is this chapter applicable to department actions relating to the Derelict and Abandoned Vessel Act? This chapter applies when the owner or lien holder of an abandoned or derelict vessel files a challenge to a decision or action of the department acting as an authorized publi…

When must I file my appeal? The owner or lien holder of an abandoned or derelict vessel may file a notice of appeal regarding a decision or action of the department under chapter 79.100 RCW with the pollution control hearings board. A written request for a hearing related to the …

Where must I file my appeal? The owner or lien holder of an abandoned or derelict vessel must file any notice of appeal concerning a decision to take temporary possession or custody of a vessel or the amount owed to the department under chapter 79.100 RCW with the pollution contr…

When is this chapter applicable to the department's derelict vessel removal actions? As directed by RCW 79.100.150, a seller/transferor of a qualifying vessel must provide vessel inspection disclosure documentation specified in WAC 332-30-123 to the department before transferring…

(1) What are the minimum criteria for a vessel inspection to determine a vessel is seaworthy? For the purpose of this rule, the term "seaworthy" means the vessel and its equipment are physically fit and in full working order; able to encounter and withstand the ordinary perils of…

(1) Where must I file my vessel inspection documentation? The seller/transferor must file a hard copy vessel inspection disclosure report and supporting documentation at the following address:Department of Natural ResourcesAquatic Resources DivisionDerelict Vessel Removal Program…

When is this chapter applicable to the department's forest practices actions? This chapter applies to challenges of notices to comply that the department issues under chapter 76.09 RCW (Forest Practices Act) and chapter 222-46 WAC. These challenges are initially reviewed through …

What statutes apply to brief adjudicative proceedings (BAPs) for notices to comply? RCW 34.05.482 through 34.05.494 apply to BAPs reviewing forest practices notices to comply.[Statutory Authority: RCW 34.05.220. WSR 08-16-095, § 332-08-205, filed 8/5/08, effective 9/5/08.]

How do I appeal a notice to comply?(1) An application for a BAP must be written, and must specify the factual basis for appeal and the issue to be adjudicated in the proceeding.(2) A copy of the department's written action that is the subject of the appeal must be attached to the…

Who is the decision maker for a BAP? The presiding officer shall be a department region manager or resource protection and services assistant region manager unless otherwise designated by the commissioner of public lands.[Statutory Authority: RCW 34.05.220. WSR 08-16-095, § 332-0…

When will a BAP hearing occur?(1) The department shall schedule a hearing for a date not more than twenty days after receiving an application for a BAP on a forest practices notice to comply.(2) The applicant may waive the requirement that a hearing be held within twenty days.(3)…

Who has the burden of proof? Unless otherwise ordered by the presiding officer or required by law, the department shall have the burden of proof to support its issuance of a forest practices notice to comply.[Statutory Authority: RCW 34.05.220. WSR 08-16-095, § 332-08-245, filed …

When will a BAP decision be made? Within ten days of completing the BAP hearing on a forest practices notice to comply, the department shall issue a final order either withdrawing its notice to comply or clearly setting forth the specific course of action to be followed by the re…

(1) How do I administratively appeal a BAP decision? The operator, forest land owner, or timber owner subject to a final order of the department on a forest practices notice to comply may, within thirty days from the date of receipt of such final order, appeal to the pollution co…

Who replaced the oil and gas conservation committee? The department of natural resources has replaced the Washington oil and gas conservation committee in administering chapter 78.52 RCW and the oil and gas rules. Appeals of department determinations regarding chapter 78.52 RCW a…

When is this chapter applicable to department actions relating to the Oil and Gas Conservation Act (chapter 78.52 RCW)? This chapter applies when a challenge is filed against a department action under the Oil and Gas Conservation Act.[Statutory Authority: RCW 34.05.220. WSR 08-16…

What must my appeal contain? An application for an adjudicative proceeding before the department under RCW 34.05.413 through 34.05.494 must:(1) Be in writing;(2) Be signed by the applicant or the applicant's representative;(3) Specify the factual basis for appeal and the issue(s)…

When must my appeal be filed? An appeal of a department suspension must be filed within fifteen days. Appeals of any other determination regarding oil and gas issues, chapter 78.52 RCW, must be filed within thirty days of the department's determination.[Statutory Authority: RCW 3…

(1) Where must my appeal be filed? Applications for adjudicative proceedings regarding department determinations under the Oil and Gas Conservation Act, chapter 78.52 RCW must be filed with:Oil and Gas SupervisorDivision of Geology and Earth ResourcesDepartment of Natural Resourc…

Who has the burden of proof? Unless otherwise ordered by the presiding officer or required by law, the burden of proof in adjudicative proceedings relating to department determinations under the Oil and Gas Conservation Act, chapter 78.52 RCW, shall be:(1) On a person challenging…

May the parties move for summary judgment on some or all issues? Yes. A request to resolve an issue (claim) may be brought as a motion for summary judgment so long as the motion complies with the timing requirements of any prehearing order. A motion for summary judgment may be gr…

(1) How may I obtain review of an initial order?(a) Initial orders in all adjudicative proceedings relating to department actions under the Oil and Gas Conservation Act, chapter 78.52 RCW, shall become final without further action by the department unless, within twenty-one days …

May I seek further agency review of the agency's final order?(1) Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which relief is requested. The petition for reconsideration must be received by t…

When is this chapter applicable to department determinations relating to the Surface Mining Act, chapter 78.44 RCW? This chapter applies when a challenge is filed with the pollution control hearings board against a department determination made under the Surface Mining Act, chapt…

When must my appeal be filed? A notice of appeal regarding a department under chapter 78.44 RCW may be filed with the pollution control hearings board within thirty days from the date of receipt of the decision being appealed.[Statutory Authority: 2010 c 210. WSR 12-19-035, § 332…

Where must my appeal be filed? Applications for adjudicative proceedings relating to surface mining must be filed with the pollution control hearings board and served on the department at the following addresses: Pollution Control Hearings BoardPhysical Address:1111 Israel Road S…

The purpose of this chapter shall be to insure compliance by the department of natural resources and the board of natural resources with the provisions of chapter 42.56 RCW, Public Records Act, and in particular with RCW 42.56.040 through 42.56.550 of that act dealing with public…

The following definitions shall apply in this chapter:(1) "Public record" includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used or retained by the department regardl…

(1) The department of natural resources consists of a board of natural resources, an administrator, and a supervisor. The administrative office of the department and its staff are located in Olympia, Washington 98504. Field offices of the department are located at:Region OfficeAd…

(1) The legal authority for the department's activities is provided principally by:(a) The State Enabling Act, Sections 10 through 19;(b) The state Constitution, Articles III, XV, XVI, XVII and Amendment 15;(c) The Revised Code of Washington, Titles 43, 46, 58, 70, 76, 78, 79 and…

(1) Regular meetings of the board of natural resources shall be held on the first Tuesday of every month except August. If a regular meeting falls on a holiday or the day after a holiday, such regular meeting shall be held on the next business day. A schedule of meetings will be …

All public records of the department are deemed to be available for public inspection and copying pursuant to these rules, unless the record falls within the specific exemptions of the Public Records Act or other statute which exempts or prohibits disclosure of specific informati…

(1) The public records officer for the department of natural resources shall also serve as the public records officer for the board of natural resources. The name and contact information of the agency's public records officer to whom members of the public may direct requests for …

Public records shall be available for inspection and copying, by appointment, during the customary office hours of the department for a minimum of thirty hours per week, except weeks that include state legal holidays. For the purpose of this chapter, the customary office hours sh…

Public records shall be available for inspection and copying, and the department shall, upon request for identifiable public records, make them promptly available to any person including, if applicable, on a partial or installment basis as records that are part of a larger set of…

No fee shall be charged for the inspection of public records or locating public documents and making them available for copying except as provided by the Public Records Act, chapter 42.56 RCW. For copies of records, maps, photos, reports, and other nonstandard items the departmen…

Some records are exempt from disclosure, in whole or in part. If the department believes that a record is exempt from disclosure and should be withheld, the public records officer or designee will state the specific exemption and provide a brief explanation of why the record or a…

When the department or board refuses, in whole or part, inspections of any public record, it shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.[Order …

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff …

In order to adequately protect the public records in the custody of the department, the following guidelines shall be adhered to by any person inspecting such public records:(1) No public records shall be removed from the department's premises.(2) Inspection of any public record …

(1) The department maintains the following methods to index its records:(a) Automated Tract Book. An enterprise content management (ECM) software solution which organizes and stores digital documents and related indexed data for all significant land transactions since statehood c…

Requests for public records may be communicated by email, telephone, or fax, as well as the following means:(1) Online: Department of Natural Resources website;(2) Mail: Department of Natural Resources, Public Disclosure Office, P.O. Box 47014, Olympia, WA 98504-7014.[Statutory A…

To conform with the requirements of RCW 34.05.230, the department maintains a roster of interested persons who have requested in writing to the department rules coordinator, to be notified of all interpretive and policy statements issued by the department. The roster is kept in t…