reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-100 - Issuance of registration acceptance

Current through Register Vol. 24-14, July 15, 2024
(1) Each registration form shall be assigned a unique sequential log number upon date and time of receipt by the department and shall be evaluated in sequence.
(2) Upon receipt of the registration form, the office shall inform the applicant by registered mail within fourteen calendar days of any incomplete or inadequate information and afford the applicant twenty-one calendar days from the receipt of the notice to provide the missing or inadequate information, plus such time as may be authorized by the department for a sample artifact permit granted under WAC 25-46-060(1)(d) and chapter 25-48 WAC.
(3) If the applicant does not supply the missing or inadequate information within the specified time period the application shall be considered void and a notice of denial sent to the applicant.
(4) The department will act upon a complete registration application within thirty-five calendar days of receipt and shall so notify the applicant. In all notifications of registration acceptance, the department shall specify:
(a) The name, address, and telephone number of the entity submitting the registration application;
(b) A description of the historic archaeological resource sufficient to identify its historic association and identity;
(c) The location of the resource including its latitude and longitude and depth;
(d) A statement of the director's opinion on the resource's eligibility to the Washington state register of historic places or the National Register of Historic Places;
(e) The date of the acceptance of the registration;
(f) The date of the expiration of the right for first refusal; and
(g) That excavation or removal of any artifacts from the historic archaeological resource will require an archaeological excavation and removal permit and that granting of such a permit is not guaranteed.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-120 - Registration denial

Current through Register Vol. 24-14, July 15, 2024
(1) If a registration application is denied, a written statement of the reasons for the denial will accompany the notice of registration denial to the applicant.
(2) Registration may be denied for the following reasons:
(a) The application is incomplete or inadequate and has not been completed or corrected pursuant to WAC 25-46-100;
(b) The resource does not qualify as an historic archaeological resource under WAC 25-46-020(1);
(c) The resource has already been registered;
(d) The resource and its location are already known to the department or are part of the public record.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-140 - Appeals relating to registration

Current through Register Vol. 24-14, July 15, 2024
(1) Any affected person may request a hearing to appeal a denial of registration or extinguishment of a right of first refusal under WAC 25-46-160 to the director. A request for a hearing shall be made by filing a written application for adjudicative proceeding with the department at the following address: Department of Archaeology and Historic Preservation, P.O. Box 48343, Olympia, WA 98504-8343. The application must be received by the department within twenty-one calendar days of the date of service of the notice of the denial or extinguishing. The application shall specify the issue or issues to be decided and indicate whether the requester desires a full adjudicative proceeding, a brief adjudicative proceeding, or an emergency adjudicative proceeding.
(2) When the department receives an application for adjudicative proceeding, it will immediately notify the director of its receipt and provide the director and the state archaeologist or the assistant state archaeologist with a copy of the application and the notice or document being appealed. The director thereupon will designate a presiding officer as follows:
(a) Where an application requests a full adjudicative proceeding, or where the director determines a full adjudicative proceeding is required, the director will designate as presiding officer an administrative law judge assigned by the office of administrative hearings under chapter 34.12 RCW.
(b) Where an application requests a brief adjudicative proceeding or emergency adjudicative proceeding, or where the director determines a brief adjudicative proceeding or emergency adjudicative proceeding is appropriate, the director will designate a senior staff person in the department as presiding officer. The person designated shall not have participated in the matter and shall not be subject to the authority or direction of any person who has participated in the matter.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-142 - Adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The department hereby adopts the model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge pursuant to RCW   34.05.250, as now or hereafter amended, for use in adjudicative proceedings of agency action under this chapter.
(2) "Service" and "filing" of documents in adjudicative proceedings, brief adjudicative proceedings, and emergency adjudicative proceedings are defined as in RCW   34.05.010 and WAC 10-08-110.
(3) In the case of a conflict between the model rules of procedure and this chapter, the rules in this chapter shall take precedence.
(4) All factual determinations shall be based on the kind of evidence upon which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The burden in all proceedings is a preponderance of the evidence.
(a) In all proceedings contesting the denial of registration under WAC 25-46-120, the burden shall be on the applicant to establish that the application meets all applicable requirements and standards.
(b) In all proceedings contesting the extinguishing of a right of first refusal under WAC 25-46-160, the burden shall be on the person challenging the extinguishing to establish the timely exercise of its right of first refusal.
(c) In all other proceedings, the burden is on the state historic preservation officer to prove the alleged factual basis set forth in the notice.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-144 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to RCW   34.05.482, the department will use brief adjudicative proceedings where permitted by law and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties. A brief adjudicative proceeding is intended to serve as an inexpensive and efficient alternative where the issues can be decided by reference to writings and other documents without a full, formal hearing.
(2) A brief adjudicative proceeding may be used to review the following actions taken under this chapter:
(a) Denying an application for registration under WAC 25-46-120;
(b) Extinguishing a right of first refusal under WAC 25-46-160.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-146 - Emergency adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) A respondent who receives a notice of registration denial under WAC 25-46-120 may request an emergency hearing under RCW   34.05.422 and 34.05.479 to contest the findings included in the notice of registration denial by filing an application for emergency adjudicative proceeding. A respondent who does not file an application for emergency adjudicative proceeding may contest the findings included in the notice of registration denial in a regularly scheduled adjudicative hearing.
(2) An application for emergency adjudicative proceeding must be received by the department within seven calendar days of the date of service of the notice of summary suspension. An application for emergency adjudicative proceeding received by the department more than seven calendar days after the date of service of the notice of registration denial shall be deemed an application for full adjudicative proceeding and will be scheduled accordingly.
(3) An application for emergency adjudicative proceeding shall include a written explanation of the applicant's view of registration denial and a copy of any other documents the applicant wishes to have the presiding officer consider.
(4) The presiding officer, in his or her discretion, may provide for telefacsimile or electronic service and filing of documents, using means that are similarly available to all parties, in the notice required in WAC 25-46-140(3).
(5) Upon receiving the notice required in WAC 25-46-140(3), the state archaeologist or the assistant state archaeologist shall immediately transmit to the presiding officer copies of any documents that were considered or relied upon in issuing the notice of summary suspension, in addition to the documents listed in WAC 25-46-140(4).
(6) Within seven business days after receiving an application for emergency adjudicative proceeding, the presiding office shall issue an order that either:
(a) Affirms that the registration denial is necessary to prevent or avoid immediate danger to the public health, safety or welfare including property; or
(b) Sets aside the summary suspension as unnecessary to prevent or avoid immediate danger to the public health, safety or welfare including property.
No other issue shall be decided in the emergency adjudicative proceeding. The order shall include a brief statement of findings of fact, conclusions of law, and policy reasons for the decision.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-160 - Right of first refusal to permit upon registration

Current through Register Vol. 24-14, July 15, 2024
(1) Any person, firm, corporation, institution, or agency that discovers and registers a previously unreported historic archaeological resource abandoned on, in, or under state-owned aquatic lands with the department shall have a right of first refusal to future excavation and recovery permits granted for the recovery of that resource subject to the provisions of chapter 27.53 RCW and chapter 25-48 WAC.
(2) Such right of first refusal shall exist for five years from the date of registration by the department. Such rights may be assigned, but it is the responsibility of the parties to the assignment to provide written evidence of the assignment to the department, including the correct name and mailing address of the assignee.
(3) Should another person, firm, corporation, institution, or agency apply for a permit to excavate or remove that resource or portions thereof, the person, firm, corporation, institution, or agency that registered the resource shall have sixty days from the receipt of notice to submit its own permit application and thereby exercise its first refusal right, or the right shall be extinguished.
(4) If the person, firm, corporation, institution, or agency that registered the resource does not exercise its first refusal right within sixty days of the receipt of notice, the department shall send to that entity a notice by certified mail, return receipt requested, that that entity's right of first refusal has been extinguished.
(5) If the entity that registered the historic archaeological resource does not exercise its right of first refusal within five years of the issuance of the registration acceptance the right lapses.
Statutory Authority: RCW 27.53.030, 27.53.060 and 1988 c 124 §§ 1, 3, 5, 6, 7 and 10. 88-23-005 (Order 88-07), §
										25-46-160, filed 11/4/88.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-180 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected.
Statutory Authority: RCW 27.53.030, 27.53.060 and 1988 c 124 §§ 1, 3, 5, 6, 7 and 10. 88-23-005 (Order 88-07), §
										25-46-180, filed 11/4/88.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish application and review procedures for the issuance of archaeological excavation and removal permits and for the issuance of civil penalties as provided for in chapter 27.53 RCW.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-010, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.53.030, 27.53.060, 27.53.080 and 1988 c 124 §§ 1, 3, 5, 6 and 7. 88-23-004 (Order 88-06), §
										25-48-010, filed 11/4/88. Statutory Authority: RCW   27.34.220 and 27.44.020. 86-13-001 (Order 11), §
										25-48-010, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the definitions
						in this section apply throughout this chapter.
(1) "Archaeology" means systematic,
					scientific study of the human past through material remains.
(2) "Historic" means peoples and cultures who
					are known through written documents in their own or other languages. As applied
					to underwater archaeological resources, the term historic shall include only
					those properties which are listed in or eligible for listing in the Washington
					State Register of Historic Places (RCW    27.34.220)  or the National Register of
					Historic Places as defined in the National Historic Preservation Act of 1966
					(Title 1, Sec. 101, Public Law 889-665; 80 Stat. 915;  16 U.S.C. Sec. 470) as
					now or hereafter amended.
(3)
					"Prehistoric" means peoples and cultures who are unknown through
					contemporaneous written documents in any language.
(4) "Professional archaeologist" means a
					person who:
(a) Has designed and executed an
					archaeological study as evidenced by a thesis or dissertation and been awarded
					an advanced degree such as an M.A., M.S., or Ph.D. in archaeology,
					anthropology, history or other germane discipline with a specialization in
					archaeology from an accredited institution of higher education; and
(b) Has a minimum of one year of field
					experience with at least twenty-four weeks of field work under the supervision
					of a professional archaeologist, including no less than twelve weeks of survey
					or reconnaissance work and at least eight weeks of supervised laboratory
					experience. Twenty weeks of field work in a supervisory capacity must be
					documentable with a report on the field work produced by the
					individual.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-030 - Scope and coverage of this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter applies to any person, as defined in WAC 25-48-020.
(2) This chapter applies to the alteration, digging, excavating, or removal of archaeological objects or sites or historic archaeological resources which have been abandoned thirty years or more, and to the removal of glyptic or painted records or archaeological resources from native Indian cairns or graves.
(3) This chapter does not apply to the removal of artifacts found exposed on the surface of the ground which are not historic archaeological resources or sites except when there will be removal of glyptic or painted records, or archaeological resources from native Indian cairns or graves.
(4) The following sections of this chapter apply to the removal of sample artifacts as provided under WAC 25-46-060(1)(d):
WAC 25-48-010.
WAC 25-48-020.
WAC 25-48-030.
WAC 25-48-050.
WAC 25-48-060(1)(a) except for the requirements of a completed inventory form, (1)(d), (f), (g), (h), (m), (n), and (5).
WAC 25-48-090.
WAC 25-48-100.
WAC 25-48-105.
WAC 25-48-120.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-030, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 27.44.020. 90-01-091, §
										25-48-030, filed 12/19/89, effective 1/19/90. Statutory Authority: RCW   27.53.030, 27.53.060, 27.53.080 and 1988 c 124 §§ 1, 3, 5, 6 and 7. 88-23-004 (Order 88-06), §
										25-48-030, filed 11/4/88. Statutory Authority: RCW   27.34.220 and 27.44.020. 86-13-001 (Order 11), §
										25-48-030, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-035 - Delegation to state archaeologist and assistant state archaeologist

Current through Register Vol. 24-14, July 15, 2024
(1) The director's authority to determine violations of chapter 27.53 RCW and to impose civil penalties under RCW   27.53.095 and this chapter is delegated to the state archaeologist and the assistant state archaeologist, subject to review by the director as provided in WAC 25-48-120. This delegation of authority to the state archaeologist and the assistant state archaeologist is in addition to any other delegation granted in statute, by rule, or otherwise in writing by the director.
(2) The director retains authority to review determinations made by the state archaeologist or the assistant state archaeologist under this chapter and to hear appeals of those determinations.
(3) The state historic preservation officer may delegate to subordinate staff in the office the functions and duties assigned in this chapter to the state historic preservation officer.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-035, filed 2/15/06, effective 3/18/06.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-040 - Agency policy

Current through Register Vol. 24-14, July 15, 2024
The overriding policy of the department is to assure the protection of the archaeological resources of the state. This policy results from:
(1) The legislated duty of the department to preserve and protect the heritage of the state in a manner that does not impair the resources (RCW   27.34.220); and
(2) The public interest in the conservation, preservation, and protection of the state's archaeological resources, and the knowledge to be derived and gained from the scientific study of these resources (RCW   27.53.010).
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-040, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 27.44.020. 86-13-001 (Order 11), §
										25-48-040, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-041 - Notice of violation - Penalties

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) It is unlawful for any person to knowingly and willfully remove, alter, dig into, excavate or remove an archeological object or site or archeological resource without a permit required by RCW   27.53.060.
(b) It is unlawful for any person to knowingly and willfully fail to comply with the provisions of a permit issued by the state historic preservation officer under RCW   27.53.060.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-043 - Procedure for selecting a mutually agreed upon independent professional archaeologist investigator and for determining site restoration costs

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to RCW   27.53.095, a person found to have violated chapter 27.53 RCW or a permit issued under RCW   27.53.060 shall pay the reasonable investigative costs incurred by an independent professional archaeologist investigating the alleged violation who has been mutually agreed to by the state archaeologist or the assistant state archaeologist and the respondent. The state archaeologist or the assistant state archaeologist and the respondent may agree to investigation by a qualified employee of the department.
(2) If the state archaeologist or the assistant state archaeologist determines an agreement cannot be reached with the respondent under subsection (1) of this section, the independent professional archaeologist investigator shall be selected as follows:
(a) The state archaeologist or the assistant state archaeologist shall notify the respondent that an agreement cannot be reached and instruct the respondent to provide to the department, within five working days, the name, address, and telephone number of a professional archaeologist together with a summary of the professional archaeologist's professional qualifications. The respondent is responsible for all fees and costs billed by the professional archaeologist the respondent selects.
(b) The state archaeologist or the assistant state archaeologist shall select a professional archaeologist who is not employed or contractually bound to the office. The department is responsible for all fees and costs billed by the professional archaeologist the state archaeologist or the assistant state archaeologist selects.
(c) The professional archaeologists selected by the respondent and by the state archaeologist or the assistant state archaeologist shall jointly select a third professional archaeologist to investigate the alleged violation. Their selection must be communicated to the state archaeologist or the assistant state archaeologist and the respondent within ten working days. The state archaeologist or the assistant state archaeologist shall provide the professional archaeologist investigator with written authorization to conduct the investigation.
(d) The respondent is responsible for all fees and costs billed by the professional archaeologist investigator.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-044 - Penalties - Adjustments

Current through Register Vol. 24-14, July 15, 2024
(1) The state archaeologist or the assistant state archaeologist may decrease the penalty imposed under WAC 25-48-041(3) for the first or second violation upon a determination, supported by specific findings based on the following factors, that the circumstances of the violation warrant a lesser penalty:
(a) Whether the respondent's act or acts resulted in actual or potential harm to an archeological site, resource, or object, or to human remains;
(b) Whether the respondent's act or acts involve more than one human remains, the damage or disintegration of human remains, or the use of human remains for profit or other financial gain;
(c) Whether the notice of violation encompasses multiple acts that constitute separate violations of this chapter or chapter 27.53 RCW;
(d) Whether the respondent's act or acts reasonably appear to be part of a pattern of the same or similar conduct, whether or not that conduct previously resulted in any state or federal sanction;
(e) Whether the respondent voluntarily disclosed or reported an act or acts constituting a violation of this chapter or chapter 27.53 RCW;
(f) Whether the respondent voluntarily takes remedial measures to provide increased protection for an archeological site, resource, or object or for human remains;
(g) Whether the respondent voluntarily takes measures to reduce the likelihood the violation will be repeated.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-050 - Application requirements and forms

Current through Register Vol. 24-14, July 15, 2024
(1) Any person or entity covered by this chapter proposing to dig, alter, excavate, and/or remove archaeological objects and sites or historic archaeological resources, or proposing to remove glyptic or painted records of tribes or peoples, or archaeological resources from native Indian cairns or graves shall apply to the department for a permit for the proposed work, and shall not begin the proposed work until a permit has been issued.
(2) Each application for a permit from the department shall be submitted on the archaeological excavation and removal permit application form approved by the state historic preservation officer. An application form may be obtained from the Department of Archaeology and Historic Preservation, P.O. Box 48343, Olympia, WA 98504-8343; telephone 360-586-3065.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-050, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 27.44.020. 90-01-091, §
										25-48-050, filed 12/19/89, effective 1/19/90. Statutory Authority: RCW   27.53.030, 27.53.060, 27.53.080 and 1988 c 124 §§ 1, 3, 5, 6 and 7. 88-23-004 (Order 88-06), §
										25-48-050, filed 11/4/88. Statutory Authority: RCW   27.34.220 and 27.44.020. 86-13-001 (Order 11), §
										25-48-050, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-070 - Notification to Indian tribes

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of a completed application form for archaeological excavation of an archaeological site, native Indian cairn or grave, or the removal of glyptic or painted records, the department, at least thirty days before issuing such a permit under this chapter, shall notify any affected Indian tribe which may consider the site to be of historic or cultural significance.
(2) Notice by the department shall be sent to the chief executive officer or other designated official of the native Indian tribe. Any native Indian tribe or other Native American group may supply the department in advance with sites or locations for which such tribe or group wishes to receive notice under this section.
(3) Upon request during the thirty-day period, the department may meet with official representatives of any native Indian tribe or group to discuss its interests, including, but not limited to, the proposed excavation methods. Comments received from tribal representatives shall be considered by the department in the issuance or denial of the permit and the issuance of terms and conditions. Mitigation measures requested by the tribal representatives, including stipulations pertaining to the disposition of human remains, may be incorporated into the terms and conditions of the permit.
(4) When the department determines that an emergency permit applied for under this chapter must be issued immediately under WAC 25-48-095 because of an imminent threat of loss or destruction of an archaeological resource, the department shall so notify the appropriate tribe(s).
(5) The tribes with whom the department has consulted shall be promptly notified in writing of the issuance of the permit.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-070, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 27.44.020. 90-01-091, §
										25-48-070, filed 12/19/89, effective 1/19/90; 86-13-001 (Order 11), §
										25-48-070, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-080 - Public notice

Current through Register Vol. 24-14, July 15, 2024
(1) The department will give public notice of a pending permit application by one or more of the following methods as appropriate for the specific circumstances in order to solicit public and scientific comment:
(a) Notifying public and private groups, tribes, and agencies with known interest in a certain application or type of application being considered;
(b) Notifying individuals with known interest in a certain application or in the type of application being considered;
(c) Publication in a newspaper of general circulation in the area in which the application will be implemented;
(d) Notifying the news media; and/or
(e) Posting on the property site in question.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-085 - Applications for excavation and removal of previously registered shipwrecks and historic aircraft

Current through Register Vol. 24-14, July 15, 2024
Where the completed application is for the excavation and/or removal of an historic archaeological resource that is a shipwreck or historic aircraft that has been registered with the department by a person other than the applicant, the department will:
(1) Notify the person by certified mail, return receipt requested, that registered the historic archaeological resource with the department that it shall have sixty days from receipt of notice to submit its own permit application and exercise its first refusal right, or the right shall be extinguished.
(2) Notify the applicant that its permit application will not be acted upon until the person that has registered the historic archaeological resource has exercised its right of first refusal by submitting a permit application or has allowed its right to be extinguished.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-085, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.53.030, 27.53.060, 27.53.080 and 1988 c 124 §§ 1, 3, 5, 6 and 7. 88-23-004 (Order 88-06), §
										25-48-085, filed 11/4/88.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-090 - Issuance of permit

Current through Register Vol. 24-14, July 15, 2024
The department will normally act upon a permit application within sixty days of receipt of a complete permit application, except in the case of an historic archaeological resource where the applicant is not the holder of the right of first refusal. Such applications shall be subject to the provisions of WAC 25-48-085. The department may issue a permit for a specified period of time appropriate to the work to be conducted upon determining that:
(1) The applicant, or in the case of an amateur society or other group or organization the individual proposed to be responsible for conducting the archaeological work:
(a) Meets the minimum qualifications as a professional archaeologist specified in WAC 25-48-020(4);
(b) Possesses demonstrable competence in archaeological methods and theory, and in collecting, handling, analyzing, evaluating, and reporting archaeological data, relative to the type and scope of the work proposed; and
(c) Has complied with current and past permits issued under RCW   27.53.060.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-095 - Emergency permits

Current through Register Vol. 24-14, July 15, 2024
(1) The department may issue an emergency permit immediately where delay could cause damage to an archaeological or historic resource or site, or to burial(s) or human remains.
(2) Before issuing an emergency permit, the department shall require the applicant to provide the information required in WAC 25-48-060. The department, in its discretion, may allow the applicant to provide the required information in abbreviated form.
(3) The emergency permit shall include the terms and conditions specified in WAC 25-48-100.
(4) The department may issue an emergency permit without complying with the notification requirements in WAC 25-48-070 and 25-48-080, except as provided in WAC 25-48-070(4).
(5) An emergency permit shall be valid for not more than thirty days. The department, in its discretion, may extend the emergency permit for an additional thirty days.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-095, filed 2/15/06, effective 3/18/06.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-100 - Terms and conditions of permits

Current through Register Vol. 24-14, July 15, 2024
(1) In all permits issued, the department shall specify:
(a) The nature and extent of work allowed and required under the permit, including the time, duration, scope, location, and purpose of the work;
(b) The name of the individual(s) responsible for conducting the work and, if different, the name of the individual(s) responsible for carrying out the terms and conditions of the permit.
(c) The name of any university, museum, repository, or other scientific or educational institutions in which any collected materials and data shall be deposited.
(d) Reporting documentation requirements and site restoration and mitigation requirements.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-105 - Permit denial

Current through Register Vol. 24-14, July 15, 2024
If a permit is denied, a written statement of the reasons for the denial will accompany the notice of permit denial to the applicant as well as notice of the right to request a hearing. A permit may be denied if:
(1) The application does not meet the requirements and standards in WAC 25-48-060 and 25-48-090;
(2) The applicant or any individual proposed to be responsible for conducting the work or carrying out the terms and conditions of the permit has failed to meet the terms and conditions of a permit previously issued under this chapter; or
(3) The applicant or any individual proposed to be responsible for conducting the work or carrying out the terms and conditions of the permit has been found to have violated this chapter or any federal or state law regulating archaeological objects or sites, historic archaeological resources, glyptic or painted records, or native Indian cairns or graves.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-105, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 27.44.020. 90-01-091, §
										25-48-105, filed 12/19/89, effective 1/19/90. Statutory Authority: RCW   27.53.030, 27.53.060, 27.53.080 and 1988 c 124 §§ 1, 3, 5, 6 and 7. 88-23-004 (Order 88-06), §
										25-48-105, filed 11/4/88. Statutory Authority: RCW   27.34.220 and 27.44.020. 86-13-001 (Order 11), §
										25-48-105, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-108 - Right of first refusal - Discovery of new technology

Current through Register Vol. 24-14, July 15, 2024
(1) Any person that has been denied a permit because the historic archaeological resource would be destroyed beyond mitigation by its method of salvage shall have the right of first refusal for a permit at a future date should technology be found which would make salvage possible without destroying the historic archaeological resource.
(2) Such rights may be assigned, but it is the responsibility of the parties to the assignment to provide written evidence of the assignment to the department, including the correct name and mailing address of the assignee.
(3) Upon receipt of a complete permit application and determination that a new technology can salvage the resource, the department shall notify by certified mail, return receipt requested, the holder of the right of first refusal of a permit application that a new technology exists and the holder has sixty days from the receipt of the department's determination to submit its own permit application and thereby exercise its first refusal right, or the right shall be extinguished.
(4) If the person that possesses the first refusal right for a permit does not exercise its first refusal right within the sixty-day time period, the department shall send to that person a notice by certified mail, return receipt requested, that the person's right of first refusal has been extinguished.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-108, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.53.030, 27.53.060, 27.53.080 and 1988 c 124 §§ 1, 3, 5, 6 and 7. 88-23-004 (Order 88-06), §
										25-48-108, filed 11/4/88.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-110 - Suspension and revocation of permits

Current through Register Vol. 24-14, July 15, 2024
(1) The state archaeologist or the assistant state archaeologist may suspend or revoke a permit issued pursuant to this chapter upon determining that the permittee has failed to meet any of the terms and conditions of the permit and upon at least twenty days written notice. In the case of emergencies which imminently threaten health, safety, or welfare including property, the state archaeologist or the assistant state archaeologist may summarily suspend a permit by immediately issuing a written order which incorporates a finding to that effect.
(2) The state archaeologist or the assistant state archaeologist shall provide the permittee with written notice of the suspension or revocation, the cause thereof, and in the case of a suspension, the length of the suspension and the requirements which must be met before the suspension will be removed. The notice shall inform the respondent of its right to request a hearing to contest the revocation or suspension. In addition, a notice of summary suspension shall inform the respondent of its right to request an emergency adjudicative proceeding.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-48-110, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 27.44.020. 90-01-091, §
										25-48-110, filed 12/19/89, effective 1/19/90; 86-13-001 (Order 11), §
										25-48-110, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-120 - Administrative appeals

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant for or holder of a permit issued under this chapter may request a hearing to contest a penalty imposed under WAC 25-48-041, the terms and conditions imposed on a permit under WAC 25-48-100, a denial of a permit application under WAC 25-48-105, a suspension or revocation of a permit under WAC 25-48-110, or the extinguishing of a right of first refusal under WAC 25-48-108.
(2) A request for a hearing shall be made by filing a written application for adjudicative proceeding with the department at the following address: Department of Archaeology and Historic Preservation, P.O. Box 48343, Olympia, WA 98504-8343. The application must be received by the department within twenty-one calendar days of the date of service of the notice of the penalty, denial, suspension, revocation, or extinguishing. An application contesting the terms and conditions imposed on a permit under WAC 25-48-100 must be received by the department within twenty-one days of the date the permit was issued. The application shall specify the issue or issues to be decided and indicate whether the requester desires a full adjudicative proceeding, a brief adjudicative proceeding, or an emergency adjudicative proceeding.
(3) When the department receives an application for adjudicative proceeding, it will immediately notify the director of its receipt and provide the director and the state archaeologist or the assistant state archaeologist with a copy of the application and the notice or document being appealed. The director thereupon will designate a presiding officer as follows:
(a) Where an application requests a full adjudicative proceeding, or where the director determines a full adjudicative proceeding is required, the director will designate as presiding officer an administrative law judge assigned by the office of administrative hearings under chapter 34.12 RCW.
(b) Where an application requests a brief adjudicative proceeding or emergency adjudicative proceeding, or where the director determines a brief adjudicative proceeding or emergency adjudicative proceeding is appropriate, the director will designate a senior staff person in the department as presiding officer. The person designated shall not have participated in the matter and shall not be subject to the authority or direction of any person who has participated in the matter.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-121 - Adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The department hereby adopts the model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge pursuant to RCW   34.05.250, as now or hereafter amended, for use in adjudicative proceedings of agency action under this chapter.
(2) "Service" and "filing" of documents in adjudicative proceedings, brief adjudicative proceedings, and emergency adjudicative proceedings are defined as in RCW   34.05.010 and WAC 10-08-110.
(3) In the case of a conflict between the model rules of procedure and this chapter, the rules in this chapter shall take precedence.
(4) All factual determinations shall be based on the kind of evidence upon which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The burden in all proceedings is a preponderance of the evidence.
(a) In all proceedings contesting the denial of a permit application under WAC 25-48-108, the burden shall be on the applicant to establish that the application meets all applicable requirements and standards.
(b) In all proceedings contesting the extinguishing of a right of first refusal under WAC 25-48-108, the burden shall be on the person challenging the extinguishing to establish the timely exercise of its right of first refusal.
(c) In all other proceedings, the burden is on the state historic preservation officer to prove the alleged factual basis set forth in the notice.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-122 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to RCW   34.05.482, the department will use brief adjudicative proceedings where permitted by law and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties. A brief adjudicative proceeding is intended to serve as an inexpensive and efficient alternative where the issues can be decided by reference to writings and other documents without a full, formal hearing.
(2) A brief adjudicative proceeding may be used to review the following actions taken under this chapter:
(a) A notice of violation of the terms and conditions of a permit under WAC 25-48-041(1)(b);
(b) A denial of a permit application under WAC 25-48-105;
(c) Extinguishing a right of first refusal under WAC 25-48-108.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-48 - Archaeological excavation and removal permit › Section 25-48-123 - Emergency adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) A respondent who receives a notice of summary suspension of a permit under WAC 25-48-110 may request an emergency hearing under RCW   34.05.422 and 34.05.479 to contest the findings included in the notice of summary suspension by filing an application for emergency adjudicative proceeding. A respondent who does not file an application for emergency adjudicative proceeding may contest the findings included in the notice of summary suspension in a regularly scheduled adjudicative hearing.
(2) An application for emergency adjudicative proceeding must be received by the department within seven calendar days of the date of service of the notice of summary suspension. An application for emergency adjudicative proceeding received by the department more than seven calendar days after the date of service of the notice of summary suspension shall be deemed an application for full adjudicative proceeding and will be scheduled accordingly.
(3) An application for emergency adjudicative proceeding shall include a written explanation of the applicant's view of the summary suspension and a copy of any other documents the applicant wishes to have the presiding officer consider.
(4) The presiding officer, in his or her discretion, may provide for telefacsimile or electronic service and filing of documents, using means that are similarly available to all parties, in the notice required in WAC 25-48-120(4).
(5) Upon receiving the notice required in WAC 25-48-120(4), the state archaeologist or the assistant state archaeologist shall immediately transmit to the presiding officer copies of any documents that were considered or relied upon in issuing the notice of summary suspension, in addition to the documents listed in WAC 25-48-120(5).
(6) Within seven business days after receiving an application for emergency adjudicative proceeding, the presiding office shall issue an order that either:
(a) Affirms that the summary suspension is necessary to prevent or avoid immediate danger to the public health, safety or welfare including property; or
(b) Sets aside the summary suspension as unnecessary to prevent or avoid immediate danger to the public health, safety or welfare including property.
No other issue shall be decided in the emergency adjudicative proceeding. The order shall include a brief statement of findings of fact, conclusions of law, and policy reasons for the decision.