reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part III - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR FOREST PRACTICES, CHAPTER 76.09 RCW › Section 332-08-205 - Forest practices - Statutes for brief adjudicative proceedings (BAPs) for notices to comply

Current through Register Vol. 24-14, July 15, 2024
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.
					 08-16-095, § 332-08-205, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part III - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR FOREST PRACTICES, CHAPTER 76.09 RCW › Section 332-08-215 - Forest practices - Appeal of notice to comply - BAP

Current through Register Vol. 24-14, July 15, 2024
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 application for an adjudicative
				proceeding.
(3) An
				application for a BAP concerning a forest practices notice to comply
				must be filed within fifteen days after the date of service of the
				notice to comply. The application must be filed with the resource
				protection and services assistant region manager (RP&S Asst. Reg.
				Mgr) at the following addresses:
Northwest Region
RP&S Asst. Reg. Mgr
919 N Township St
Sedro-Woolley, WA 98284
Olympic Region
RP&S Asst. Reg. Mgr
411 Tillicum Lane
Forks, WA 98331
Pacific Cascade Region
RP&S Asst. Reg. Mgr
601 Bond Rd
Castle Rock, WA 98611
South Puget Sound Region
RP&S Asst. Reg. Mgr
950 Farman Ave. N
Enumclaw, WA 98022
Southeast Region
RP&S Asst. Reg. Mgr
713 Bowers Rd
Ellensburg, WA 98926
Northeast Region
RP&S Asst. Reg. Mgr
P.O. Box 190
Colville, WA 99114
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-215, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part III - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR FOREST PRACTICES, CHAPTER 76.09 RCW › Section 332-08-225 - Forest practices - BAP presiding officer

Current through Register Vol. 24-14, July 15, 2024
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.
					 08-16-095, § 332-08-225, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part III - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR FOREST PRACTICES, CHAPTER 76.09 RCW › Section 332-08-235 - Forest practices - BAP scheduling

Current through Register Vol. 24-14, July 15, 2024
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) Subject to the
				approval of the presiding officer, a continuance of any hearing date
				may be made by agreement of the parties. The presiding officer will
				provide written documentation to all parties of their decision
				related to request for continuances.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-235, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part III - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR FOREST PRACTICES, CHAPTER 76.09 RCW › Section 332-08-245 - Forest practices - Burden of proof

Current through Register Vol. 24-14, July 15, 2024
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.
					 08-16-095, § 332-08-245, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part III - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR FOREST PRACTICES, CHAPTER 76.09 RCW › Section 332-08-255 - Forest practices - Timing of BAP decision

Current through Register Vol. 24-14, July 15, 2024
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 recipient of the
				  notice to comply.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-255, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part III - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR FOREST PRACTICES, CHAPTER 76.09 RCW › Section 332-08-265 - Forest practices - Appeal of BAP decision

Current through Register Vol. 24-14, July 15, 2024
(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 control hearings board.
(2)
Who reviews the BAP
				decision?
The pollution control hearings board will conduct
				the review. The provisions of chapter 371-08 WAC govern such
				appeals.
Statutory Authority: 2010 c 210 . 12-19-035,
					 § 332-08-265, filed 9/12/12, effective 10/13/12. Statutory
					 Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-265, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-301 - Oil and gas drilling - Department of natural resources replaces the oil and gas conservation committee

Current through Register Vol. 24-14, July 15, 2024
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 and the
				  implementing rules will be governed by the department's practices and
				  procedures rules in Part IV of this chapter and the Administrative
				  Procedure Act,
				  chapter 34.05
				  RCW.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-301, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-311 - Applicability to department actions under the oil and gas laws and rules

Current through Register Vol. 24-14, July 15, 2024
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.
					 08-16-095, § 332-08-311, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-325 - Oil and gas drilling - Contents of appeal

Current through Register Vol. 24-14, July 15, 2024
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) to be adjudicated in the proceeding;
				and
(4) Include a copy of
				the department's written determination that is the subject of the
				appeal.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-325, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-335 - Oil and gas drilling - Appeal deadline

Current through Register Vol. 24-14, July 15, 2024
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 34.05.220.
					 08-16-095, § 332-08-335, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-345 - Oil and gas drilling - Filing location and presiding officer

Current through Register Vol. 24-14, July 15, 2024
(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 Supervisor
Division of Geology and Earth Resources
Department of Natural Resources
P.O. Box 47007
Olympia, WA 98504-7007
(2)
Who considers my
				appeal?
Adjudicative proceedings governed by this section will
				be initially decided through the office of administrative hearings
				unless the commissioner of public lands decides that he/she will
				enter a decision.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-345, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-355 - Oil and gas drilling - Burden of proof

Current through Register Vol. 24-14, July 15, 2024
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 the department's decision approving or disapproving an
				application for an oil and gas permit or permit renewal under
				chapter 78.52 RCW;
(2) On a person seeking the
				imposition of any other order of the department; and
(3) On the department to support an
				enforcement action, such as a suspension, civil penalty, or
				cancellation of the permit.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-355, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-365 - Oil and gas drilling - Summary judgment

Current through Register Vol. 24-14, July 15, 2024
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 granted and an order issued if the
				  written record shows that there is no genuine issue as to any
				  material fact and that the moving party is entitled to judgment as a
				  matter of law.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-365, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-375 - Oil and gas drilling - Administrative review of initial orders

Current through Register Vol. 24-14, July 15, 2024
(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 of the date of service of the initial order, a
				petition for administrative review is filed at the following address:
Executive Director - Policy and
				  Administration
Department of Natural Resources
P.O. Box 47001
Olympia, WA 98504-7001
(b) A copy of the petition for
				administrative review must be served on all parties or their
				authorized representatives at the time the petition is filed.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part IV - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR OIL AND GAS DRILLING, CHAPTER 78.52 RCW › Section 332-08-385 - Oil and gas drilling - Petition for reconsideration of final order

Current through Register Vol. 24-14, July 15, 2024
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 the officer who
				issued the order within ten days of his or her mailing. Any petition
				for reconsideration must also be postmarked as being mailed to the
				other parties within this ten-day period.
(2) A petition for reconsideration
				does not stay the effectiveness of the reviewing officer's final
				order.
(3) If a petition
				for reconsideration is timely filed, and the petitioner has complied
				with the procedural rules for reconsideration, the time for filing a
				petition for judicial review does not commence until the agency
				disposes of the petition for reconsideration. The agency is deemed to
				have denied the petition for reconsideration if, within twenty days
				from the date the petition is filed, the agency does not either:
(a) Dispose of the petition;
				or
(b) Serve the parties
				with a written notice specifying the date by which it will act on the
				petition.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part V - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR SURFACE MINING, CHAPTER 78.4 › Section 332-08-401 - Applicability to department actions under surface mining laws and rules

Current through Register Vol. 24-14, July 15, 2024
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, chapter 78.44
				  RCW.
Statutory Authority: 2010 c 210 . 12-19-035,
					 § 332-08-401, filed 9/12/12, effective 10/13/12. Statutory
					 Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-401, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part V - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR SURFACE MINING, CHAPTER 78.4 › Section 332-08-415 - Surface mining - Appeal deadline

Current through Register Vol. 24-14, July 15, 2024
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 . 12-19-035,
					 § 332-08-415, filed 9/12/12, effective 10/13/12. Statutory
					 Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-415, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part V - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR SURFACE MINING, CHAPTER 78.4 › Section 332-08-421 - Surface mining - Filing location

Current through Register Vol. 24-14, July 15, 2024
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 Board
Physical Address:
1111 Israel Road S.W., Suite 301
Tumwater, WA 98501
Mailing Address:
P.O. Box 40903
Olympia, WA 98504-0903
Department of Natural Resources
Division on Geology and Earth
								Resources
P.O. Box 47007
Olympia, WA 98504-7007
Statutory Authority: 2010 c 210 . 12-19-035,
					 § 332-08-421, filed 9/12/12, effective 10/13/12. Statutory
					 Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-421, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-010 - Purpose of rules

Current through Register Vol. 24-14, July 15, 2024
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 records.
Order 262, § 332-10-010, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-020 - Definition

Current through Register Vol. 24-14, July 15, 2024
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
			 regardless of physical form or characteristics. See
			 RCW
			 42.56.010(3).
(2)"Writing" means handwriting,
			 typewriting, printing, photostating, photographing, and every other
			 means of recording any form of communication or representation,
			 including letters, words, pictures, sounds, or symbols, or
			 combination thereof, and all papers, maps, magnetic or paper tapes,
			 photographic films and prints, magnetic or punched cards, discs,
			 drums and other documents. See
			 RCW
			 42.56.010(4).
(3)"Board" means the board of
			 natural resources, a policy setting board whose six members serve in
			 an ex officio capacity. The duties of the board are described in
			 RCW 43.30.215.
(4) "Department" means the
			 department of natural resources which is:
(a)A regulatory agency with regard
			 to geology activities on state and privately owned land, and outdoor
			 burning on state and privately owned forest land;
(b) A proprietary land management
			 agency for state-owned land under the jurisdiction of the
			 department;
(c)A service
			 and information repository agency regarding surveys and maps of the
			 state, farm forestry advice and general geology
			 information;
(d)An agency
			 that administers and enforces state forest protection laws and the
			 forest practices regulations of the forest practices board and the
			 department of ecology on state and privately owned forest
			 land.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-030 - Description of organization of department of natural resources

Current through Register Vol. 24-14, July 15, 2024
(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 Office
Address
Olympic
411 Tillicum Lane, Forks, WA 98331
Northwest
919 North Township Street, Sedro Woolley, WA
						98284
South Puget Sound
950 Farman Ave. N., Enumclaw, WA 98022
Region Office
Address
Pacific Cascade
601 Bond Road, Castle Rock, WA 98611
Southeast
713 East Bowers Road, Box 280, Ellensburg, WA
						98926
Northeast
225 South Silke Road, Colville, WA 99114
(2) Map.
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-030, filed 6/24/91, effective
				  7/25/91; Order 262, § 332-10-030, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-040 - Operations and procedures of the department of natural resources

Current through Register Vol. 24-14, July 15, 2024
(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 84 RCW;
(d) The Washington Administrative
			 Code, Titles 222 and 332 WAC.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-041 - Meetings of board of natural resources

Current through Register Vol. 24-14, July 15, 2024
(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 published in the Washington State
			 Register in January of each year. Changes to the schedule will be published in
			 the Washington State Register pursuant to RCW  42.30.075. Special meetings may
			 be held pursuant to RCW  42.30.080. Any person may obtain information about
			 locations and meeting times by contacting the Department of Natural Resources,
			 P.O. Box 47001, Olympia, Washington 98504-7001. The public is invited to attend
			 and comment at all meetings.
(2)
			 Members of the board of natural resources may participate by telephone or other
			 means of remote access in any regular or special meeting so long as a board
			 discussion can be heard by those attending the public meeting and the members
			 can hear what is stated in the meeting. If more than one board member is
			 participating by telephone or other means of remote access, then each such
			 board member shall join the meeting separately, such as by a separate telephone
			 or electronic meeting link. Board members participating by telephone or other
			 means of remote access may vote on any matter and shall be considered as part
			 of the quorum.
Statutory Authority: RCW 43.30.150(5), (6), (9),
				  and
				  42.30.030. 02-19-058
				  (Order 707), § 332-10-041, filed 9/12/02, effective 10/13/02.
				  Statutory Authority: RCW 43.30.150 and
				  42.30.070. 92-20-060
				  (Order 606), § 332-10-041, filed 10/2/92, effective
				  11/2/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-050 - Public records available

Current through Register Vol. 24-14, July 15, 2024
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 information or records.
				RCW
				42.56.070(1).
The department is not required to retain every record
				it ever created or used. The department manages their records
				according to the state government general records retention schedule
				and the department of natural resources specific records retention
				schedule. Both schedules are available through the office of the
				secretary of state.
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-050, filed 6/24/91, effective
				  7/25/91; Order 262, § 332-10-050, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-060 - Public records officer for the department of natural resources and the board of natural resources

Current through Register Vol. 24-14, July 15, 2024
(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 disclosure of public
			 records and who will oversee the agency's compliance with the public
			 records disclosure requirements of this chapter shall be published in
			 the state register at the time of designation and maintained
			 thereafter on the code reviser web site for the duration of the
			 designation.
			 RCW 42.56.580.
(2) The public records officer
			 shall be responsible for the following: The implementation of the
			 department's rules and regulations regarding release of public
			 records, coordinating the staff of the department in this regard, and
			 generally insuring compliance by the staff with the public records
			 disclosure requirements of chapter 42.56 RCW.
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-060, filed 6/24/91, effective
				  7/25/91; Order 262, § 332-10-060, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-065 - Public records officer for the board of natural resources (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Order 262, § 332-10-065, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-070 - Office hours

Current through Register Vol. 24-14, July 15, 2024
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 shall be from 9:00 a.m. until 3:00 p.m.,
				Monday through Friday, excluding legal holidays.
				RCW 42.56.090. Such
				inspection and copying may be postponed if, in the department's
				opinion, it would interfere with duties related to an emergency at a
				regional office or the fire control division in central
				headquarters.
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-070, filed 6/24/91, effective
				  7/25/91; Order 262, § 332-10-070, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-080 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
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 requested records are assembled or made ready
				for inspection or disclosure. The department shall not deny a request
				for identifiable public records solely on the basis that the request
				is overbroad. The department shall not distinguish among persons
				requesting records, and such persons shall not be required to provide
				information as to the purpose for the request except to establish
				whether inspection and copying would violate
				RCW
				42.56.070(8) or
				42.56.240(14),
				or other statute which exempts or prohibits disclosure of specific
				information or records to certain persons. The department facilities
				shall be made available to any person for the copying of public
				records except when and to the extent that this would unreasonably
				disrupt the operations of the agency. The department shall honor
				requests received in person during the department's normal office
				hours, or by mail or email, for identifiable public records unless
				exempted by provisions of this chapter. No official format is
				required for making a records request; however, the department may
				recommend that requestors submit requests using an agency provided
				form or web page.
				RCW 42.56.080.
The department may deny a "bot" request (a request
				that an agency reasonably believes was automatically generated by a
				computer program or script), when it is one of multiple requests from
				the requestor received within a twenty-four-hour period.
				RCW
				42.56.080(3). The
				department must establish that responding would cause excessive
				interference with other department essential functions.
Requests for public records must be for
				"identifiable" records. A request for all or substantially all of the
				department's records is not a valid public records request, provided
				that a request for all records regarding a particular topic or
				containing a particular keyword or name shall not be considered a
				request for all the department's records.
				RCW
				42.56.080.
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-080, filed 6/24/91, effective
				  7/25/91; Order 262, § 332-10-080, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-090 - Copying

Current through Register Vol. 24-14, July 15, 2024
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 department shall charge a reasonable fee
				determined by the department payable at the time copies are
				furnished. This charge is the amount necessary to reimburse the
				department for its actual costs of copying. The department may
				require a deposit of up to ten percent of the estimated cost of
				providing copies for a request.
In addition to the charge imposed for providing
				copies of public records and for the use by any person of agency
				equipment copying costs, the agency may charge a customized service
				charge to reimburse the agency up to the actual cost under
				RCW
				42.56.120(3) if
				the agency estimates that the request would require the use of
				information technology expertise to prepare data compilations, or
				provide customized electronic access services when such compilations
				and customized access services are not used by the agency for the
				other agency purposes. The department will notify the requestor of
				the customized service charge to be applied to the request, including
				an explanation of why the customized service charge applies, a
				description of the specific expertise, and a reasonable estimate cost
				of the charge.
Order 262, § 332-10-090, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-100 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
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 portion of the record is being
				withheld. If only a portion of a record is exempt from disclosure,
				but the remainder is not exempt, the public records officer or
				designee will redact the exempt portions, provide the nonexempt
				portions, and indicate to the requestor why portions of the record
				are being redacted.
				RCW
				42.56.070(1).
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-100, filed 6/24/91, effective
				  7/25/91; Order 262, § 332-10-100, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-105 - Statement of reason for denial of request for records

Current through Register Vol. 24-14, July 15, 2024
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 262, § 332-10-105, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-110 - Reviews of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(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
			 member which constituted or accompanied the denial.
(2) Immediately after receiving a
			 written request for review of a decision denying a public record, the
			 public records officer or other staff member denying the request
			 shall refer it to the supervisor of the department. The supervisor or
			 his designee shall immediately consider the matter and either affirm
			 or reverse such denial. The request shall be returned with a final
			 decision, within two business days following the original
			 denial.
(3)
			 Administrative remedies shall not be considered exhausted until the
			 department has returned the petition with a decision or until the
			 close of the second business day following denial of inspection,
			 whichever occurs first.
Order 262, § 332-10-110, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-120 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
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
			 shall be conducted in the presence of a designated department
			 employee.
(3) No public
			 records may be marked or defaced in any manner during
			 inspection.
(4) Public
			 records which are maintained in a file or jacket, or chronological
			 order, may not be dismantled except for purposes of copying and then
			 only by a designated employee of the department.
(5) Access to file cabinets,
			 shelves, vaults, etc., is restricted to the department.
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-120, filed 6/24/91, effective
				  7/25/91; Order 262, § 332-10-120, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-140 - Address for communication requests

Current through Register Vol. 24-14, July 15, 2024
Requests for public records may be communicated by
				email, telephone, or fax, as well as the following means:
(1)Online: Department of Natural
			 Resources web site;
(2)Mail: Department of Natural
			 Resources, Public Disclosure Office, P.O. Box 47014, Olympia, WA
			 98504-7014.
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-140, filed 6/24/91, effective
				  7/25/91; Order 262, § 332-10-140, filed
				  6/16/76.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-145 - Notification roster of interested persons

Current through Register Vol. 24-14, July 15, 2024
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 the rules coordinator's office and
				is updated once each year. Persons not indicating a desire to
				continue on the roster will be eliminated during the yearly update.
				Whenever the department issues an interpretive or policy statement, a
				copy of the statement will be sent to each person listed on the
				roster.
Statutory Authority:
				  RCW 34.05.220,
				  34.05.230 and 42.17.250.
				  91-14-014 (Order 574), § 332-10-145, filed 6/24/91, effective
				  7/25/91.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-170 - Fees for performing the following service

Current through Register Vol. 24-14, July 15, 2024
Charges for the following categories of services
				will be collected and transmitted to the state treasurer for
				deposit:
(1)Twenty-five
			 dollars for the approval of any assignment of contract of sale,
			 assignment of lease, assignment of bill of sale or assignment of
			 right of way.
(2)Twenty-five dollars for the
			 division of contracts or leases pursuant to RCW 79.01.236.
(3)Five dollars for certification
			 of any document.
(4)
The department will use the statutory fee schedule
				in
				RCW
				42.56.120(2).
Statutory Authority: RCW 42.17.250 and 42.17.300.
				  92-22-076 (Order 600), § 332-10-170, filed 11/2/92, effective
				  12/3/92. Statutory Authority: RCW 79.01.088 and 79.01.720. 83-24-055
				  (Order 406), § 332-10-170, filed 12/6/83. Statutory Authority:
				  RCW 79.01.088. 80-17-021 (Order 349, Resolution No. 310), §
				  332-10-170, filed 11/13/80.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-180 - Application fee

Current through Register Vol. 24-14, July 15, 2024
An applicant to purchase or lease any public land or
				valuable materials shall pay a twenty-five dollar application fee,
				except for oil and gas leases as specified by WAC
				332-12-230.
Statutory Authority: RCW 79.01.618, 79.01.088 and
				  79.01.720. 87-21-005 (Order 523, Resolution No. 571), §
				  332-10-180, filed 10/9/87. Statutory Authority: RCW 79.01.088 and
				  79.01.720. 83-24-055 (Order 406), § 332-10-180, filed 12/6/83.
				  Statutory Authority: RCW 79.01.088. 80-17-021 (Order 349, Resolution
				  No. 310), § 332-10-180, filed
				  11/13/80.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-10 - Public records-Department of natural resources and board of natural resources › Section 332-10-190 - Exceptions

Current through Register Vol. 24-14, July 15, 2024
The following applicants are exempt from paying the
				fees set forth in WAC
				332-10-170 and
				332-10-180:
(1) Any agency, political
			 subdivision or municipal corporation of this state, or any agency of
			 the United States;
(2)
			 Any lease or sale of land, valuable materials, minerals, coal, oil or
			 gas, which is initiated by the department;
(3) Applicants for a coal mining
			 option contract who shall instead pay the fees required by RCW
			 79.01.656.
(4) Assignment
			 transferring contract or leasehold interest by operation of
			 law.
Statutory Authority: RCW 79.01.088 and 79.01.720.
				  83-24-055 (Order 406), § 332-10-190, filed 12/6/83. Statutory
				  Authority: RCW 79.01.088. 80-17-021 (Order 349, Resolution No. 310),
				  § 332-10-190, filed
				  11/13/80.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-150 - Lands not under the jurisdiction of the department of natural resources

Current through Register Vol. 24-14, July 15, 2024
(1)
May be leased by the
			 commissioner.
The commissioner of public lands is authorized
			 to execute oil and gas leases, in accordance with and by authority of
			 chapter 79.14 RCW, upon lands of
			 the state of Washington not under the jurisdiction of the department
			 of natural resources.
(2)
			 [
Competitive bid requirements.
All oil and gas leases
			 issued under this regulation shall be issued after competitive
			 bidding unless otherwise requested by the agency requesting
			 issuance.]
[(3)]
Form of lease.
Oil and gas leases
				issued under this regulation shall contain, in addition to the
				statutory provisions required by
				chapter 79.14 RCW, further terms,
				conditions, covenants, and limitations necessary to maintain the
				suitability of the lands for their intended use after consultation
				with the agency having jurisdiction over such lands.
[(4)] (3)
Administrative expense.
The
				commissioner of public lands may enter into necessary agreements with
				other agencies to provide for the reimbursement of the department of
				natural resources for expenses reasonably incurred in oil and gas
				leasing under this regulation. In the absence of such an agreement,
				reimbursement for expenses shall be by deductions from lease revenues
				as authorized by
				RCW 79.64.040.
[(5)] (4)
Revenue from leases.
All
				revenue [derived] less administrative expenses from oil and gas
				leases issued upon lands of the state of Washington not under the
				jurisdiction of the department of natural resources shall be paid to
				the agency having jurisdiction over such lands for distribution as
				authorized by law.
Statutory Authority:
				  RCW 79.14.120. 88-20-056
				  (Order 554), § 332-12-150, filed 10/3/88; § 2 (part), filed
				  8/7/62.
Reviser's note:
RCW
				  34.05.395 requires the use of
				  underlining and deletion marks to indicate amendments to existing
				  rules, and deems ineffectual changes not filed by the agency in this
				  manner. The bracketed material in the above section does not appear
				  to conform to the statutory
				  requirement.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-220 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
These rules are applicable to all public lands of the
				state for which the commissioner is authorized or permitted to lease
				for the purpose of prospecting for, developing and producing oil,
				gas, or other hydrocarbon substances.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-220, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-230 - Forms

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applications, leases, and related forms shall be on forms prepared
			 and prescribed by the department.
(2) All applications shall be filed
			 with the department. A twenty-five dollar nonrefundable application
			 fee shall be submitted with each application.
(3) Applications for leases on
			 aquatic lands shall describe the area with reference to the abutting
			 upland survey. The description shall conform as nearly as practicable
			 to extensions of the upland subdivisional lines of the United States
			 government survey or survey lines of other recorded plats. Such
			 descriptions shall be subject to the approval of the
			 department.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-230, filed
				  11/16/82.