Washington Administrative Code

Unless the context requires otherwise, the definitions in this section shall apply throughout this chapter.(1) "Abandoned heating oil tank" means a consumptive use heating oil tank system that has been abandoned or decommissioned and is no longer in service or use.(2) "Active hea…

(1) Application. To request services under this program, an applicant must submit an application and agree to the terms specified by the agency.(2) Eligibility.(a) To be eligible to request services for a site under the technical assistance program, the applicant must demonstrate…

(1) Consultation. Where PLIA issues a written opinion under this program, and the remedial action requires an environmental covenant, the applicant must consult with and seek comment on the draft environmental covenant from a city or county department with land use planning autho…

(1) The agency must collect, from the applicant, a fee to cover the costs incurred in providing advice and technical assistance under the program.(2) The agency will post the fee for providing advice and technical assistance under this program on the agency's website and in the p…

(1) The state of Washington and/or the pollution liability insurance agency accepts no liability, nor portion of liability, from the applicant.(2) The state of Washington, the pollution liability insurance agency, and its officers and employees are immune from all liability, and …

(1) The issuance of a no further action opinion constitutes notice of termination of the program agreement by the agency.(2) The agency may terminate a program agreement for other reasons including, but not limited to, inactivity at the site for 12 consecutive months or violating…

This chapter establishes the underground storage tank revolving loan and grant program pursuant to chapter 70A.345 RCW and outlines the program requirements and processes. The purpose of the program is to assist owners or operators of petroleum underground storage tank systems to…

Unless the context requires otherwise, the definitions in this section apply throughout this chapter.(1) "Agency" or "PLIA" means the pollution liability insurance agency, as used throughout this chapter. For purposes of chapter 70A.345 RCW, agency or PLIA shall mean staff or emp…

To be eligible for the program, an owner or operator of a petroleum underground storage tank must meet the following requirements.(1) For an operational petroleum underground storage tank:(a) Maintain compliance with the petroleum underground storage tank requirements of chapter …

(1) To be eligible for the program, a heating oil tank owner or operator must have a heating oil tank or a historic heating oil release, and be seeking financial assistance to pay for costs associated with at least one of the following actions:(a) Remediation of a release or prev…

(1) The application cycle and acceptance dates for the program will be posted on the agency's website.(2) The director may suspend an application cycle when program funding is limited or if the agency must address a large number of applicants from an application cycle.(3) Applica…

(1) The agency may award grant funding for a preliminary planning assessment if there has been a release or threatened release of a hazardous substance to the environment.(2) The amount awarded through a preliminary planning assessment grant reduces an applicant's total funding a…

(1) The agency may rank each application to establish funding and project prioritization.(2) To ensure that program funds are used to address contamination from petroleum underground storage tanks, the agency may prioritize funding for project locations that require remediation.(…

(1) The agency may rank each application to establish funding and project prioritization, which will determine timing on when project remediation work may occur and may limit funding offered based on the factors in subsection (3) of this section.(2) To ensure that program funds a…

(1) The agency may award funding for any amount up to, but not exceeding, the maximum amounts established in RCW 70A.345.030(2) for each applicant for a single petroleum underground storage facility.(2) Program funding is awarded by loan, grant, agency-led remediation, or a combi…

(1) The agency may award funding in total of any amount up to, but not exceeding, the maximum amounts established in RCW 70A.345.030(2) for each applicant for a single heating oil tank.(a) Program funding offered by grant is an amount up to, but not exceeding, $60,000.(b) Where p…

(1) Program funding awards used for an asset (e.g., infrastructure), then that asset must have a useful life of at least 13 years.(2) Loan funding. Eligible costs include, but are not limited to, the following:(a) Remedial action, including excavation, treatment, and/or removal a…

(1) Program funding award must be used for improvements (e.g., heating oil tank) that have a useful life of at least 13 years.(2) Loan funding. Eligible loan costs include, but are not limited to, the following:(a) Remedial actions, including excavation, treatment, and/or removal…

(1) The agency may terminate the program funding award, in whole or in part, for any of the following situations.(a) The participant fails to comply with the program funding award terms and conditions.(b) The participant and agency mutually agree to the suspension or termination …

(1) The agency may require an owner or operator or prime consultant to return any overpayment made by the program. Overpayments may occur if:(a) Another party, such as an insurer, has paid costs prior to payments from the program; or(b) The agency discovers an accidental overpaym…

(1) The agency may seek return of payments made if:(a) Any party misrepresents or omits material facts relevant to the agency's determination of coverage; or(b) Any party, with intent to defraud, initiates a loan or grant request or issues or approves an invoice or request for pa…

The purpose of this chapter is to specify general administrative policies of the Washington state indeterminate sentence review board.[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. WSR 91-14-028, § 381-10-010, filed 6/26/91, effective 7/27/91.]

The indeterminate sentence review board is authorized pursuant to chapter 9.95 RCW, as amended.[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. WSR 91-14-028, § 381-10-020, filed 6/26/91, effective 7/27/91.]

The provisions of this chapter shall apply to the members and staff of the indeterminate sentence review board and to the offenders over whom the board has jurisdiction.[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. WSR 91-14-028, § 381-10-030, filed 6/26/91, effective…

There shall be an organization chart published by the board which accurately reflects the structure and authority within the agency. The chart will be reviewed by the board semiannually and revised as required.[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. WSR 91-14-02…

The board shall publish its rules and procedures in the Washington Administrative Code. Changes to the rules shall be published in the Washington State Register and the Washington Administrative Code. The board shall adopt the general administrative policies and public access rul…

There shall be an office manual which contains information for staff on internal agency operations. The manual shall be reviewed annually by management for accuracy and completeness, and revisions will be published within fifteen working days of adoption and distributed to all st…

The entire board shall meet monthly with staff to discuss policy issues, to communicate instructions, to act on those cases requiring full board consideration, and to schedule its work calendar for the ensuing period of time. The agency's management shall meet not less than month…

In cooperation with the department of corrections, the board will assist in the maintenance and updating of the offender based tracking system (OBTS) in order to accurately record and retrieve data on every case processed by the agency. Such data shall include, but not be limited…

It is the policy of the indeterminate sentence review board to encourage its members and staff to attend conferences and seminars relating to criminal justice; and to participate actively in planning efforts conducted by local, regional, and national correctional organizations.[S…

It is the policy of the indeterminate sentence review board that all agency personnel shall observe the provisions of chapter 10.97 RCW in disseminating criminal record information or research data pertaining thereto.[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. WSR 9…

Conviction information may be disseminated to the public without restriction. Individual members of the indeterminate sentence review board and designated staff are authorized to disclose conviction information to the public.[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.25…

It is the policy of the board that whenever a member or hearing officer has personal knowledge of a case, or a personal interest, or personal acquaintance of the subject person, any of which factors might reasonably be construed as having an influence on the outcome, the member o…

The indeterminate sentence review board, in accordance with federal and state antidiscrimination laws, declares that practices of discrimination against individuals because of race, creed, color, national origin, sex, marital status, sexual orientation, age, religion, or the pres…

Pursuant to Executive Order 89-01, the indeterminate sentence review board hereby reaffirms and updates its policy regarding sexual harassment as follows:It is the public policy of the state to provide and maintain a working environment free from sexual harassment for its employe…

(1) The indeterminate sentence review board shall not discriminate on the basis of any sensory, mental, or physical disability.(2) Persons of disability have the right to request reasonable accommodation. The board shall make reasonable accommodation to disabled clients, applican…

It shall be the policy of the board that in all decisions that require a vote of the full board, the decisions will not be distributed until all members have voted. Any decision must be by a majority of the full board.An exception to this policy will be made when a board member i…

Policy statementThe indeterminate sentence review board (ISRB or board) recognizes the rights afforded victims and survivors in the Washington state Constitution (Article I, Section 35). Among these rights is the right to give statements at hearings where an offender's release is…

The purpose of this chapter is to specify policies and procedures relating to community custody violation hearings. The following regulations set forth procedural guidelines. They do not create procedural or substantive rights in any person and should not be interpreted or applie…

RCW 9.95.150, 9.95.420, 10.95.030(2), 9.94A.730, 9.95.425, 9.95.430, 9.95.435, 9.95.440, 9.94A.507, and 9.95.900.[Statutory Authority: RCW 34.05.030 (1)(c). WSR 24-12-050, § 381-100-020, filed 5/31/24, effective 7/1/24. Statutory Authority: RCW 34.05.220 (1)(b). WSR 09-08-109, § …

The provisions of this chapter shall apply to individuals granted community custody from a prison sentence pursuant to RCW 9.95.420, 10.95.030(2), or 9.94A.730, who are alleged to have violated the conditions of their order of release.[Statutory Authority: RCW 34.05.030 (1)(c). W…

For purposes of this chapter, the following words have the following meanings:"Appeals panel" means three reviewing officers designated by the chair of the board or their designee with the authority to review decisions made by a board member or hearing officer, and to affirm, rev…

(1) The indeterminate sentence review board will exercise its authority over the individuals under its jurisdiction in a manner that:(a) Places a high priority on public safety;(b) Imposes only those reasonable and enforceable conditions of community custody necessary to facilita…

(1) Whenever a CCO becomes aware of an individual's alleged violation behavior, the CCO must notify the ISRB of the alleged violation(s) within one working day. Notification should be submitted electronically.(2) Notifications are to include:(a) The factual circumstances of the a…

When a community corrections officer becomes aware of an individual's arrest by law enforcement or causes the arrest and detention of an individual under the jurisdiction of the ISRB, the community corrections officer shall suspend the individual's community custody by personally…

(1) A community corrections officer shall submit a written request for reinstatement or report with recommendations to the ISRB when the officer has caused the arrest and detention of an individual and after investigation determines:(a) That the alleged violations are unfounded; …

(1) In custody: When community custody is suspended by the community corrections officer, the community corrections officer shall cause the individual to be personally served with a copy of the Violations Specified and Rights and Privileges forms within three working days of the …

A probable cause review shall be conducted by the board's designee within two working days of the board's receipt of the most recent signed violations specified form to determine whether probable cause exists to believe the alleged violation(s) occurred. A written probable cause …

(1) Prior to a hearing, the community corrections officer shall electronically submit the notice of violation report to the board, as well as serve the notice of violation report on the individual, within five working days of serving the violations specified and rights and privil…

(1) Following receipt of the notice of violation report, a board hearing officer will conduct an administrative review within 15 working days of the board's receiving notice of the individual's alleged violation under WAC 381-100-055 to determine the next board action.(2) The ind…