Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-680 - Administrative review

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 administrative review process described in this section shall apply only to
			 actions of the department where the department publishes a notice of
			 administrative review and where no public hearing pursuant to either
			 chapter
			 47.52 or
			 43.21C RCW has been provided. The
			 notice of administrative review shall describe the action to be taken and the
			 environmental document upon which the action is based and prescribe the
			 availability of this administrative review process to challenge the action and
			 its environmental documents. The notice of administrative review shall be
			 published pursuant to WAC
			 197-11-510. All actions of the
			 department not subject to the administrative review process defined herein,
			 shall be subject to applicable judicial review. The department may file a
			 notice of action as provided for in
			 RCW
			  43.21C.080 for such actions.
(2) Any person aggrieved by the department's
			 determination to proceed with an action which is subject to administrative
			 review as provided in subsection (1) of this section without preparation of an
			 EIS or with preparation of an EIS alleged to be inadequate shall appeal such
			 determination administratively before seeking judicial review thereof. Appeals
			 of procedural and substantive determinations shall be combined (for example, an
			 appeal of the adequacy of an EIS or the necessity of preparing an EIS must be
			 combined with an appeal of the department's decision on the proposed
			 action).
(3) For any action subject
			 to the administrative review process, any determination by the department (a)
			 that it will proceed with the action without preparation of an EIS, (b) that it
			 will proceed with the action after preparation of an EIS, or (c) that the EIS
			 prepared by the department is adequate, shall become final unless the aggrieved
			 party serves on the project development engineer of the department a written
			 request for administrative review within thirty days of the date of the filing
			 of the department's notice of administrative review as authorized by
			 RCW
			  43.21C.075. Upon receipt of such a request,
			 the department shall afford an aggrieved party a hearing in accordance with
			 chapter 34.04 RCW and chapter 468-10 WAC relating to contested cases. In
			 reaching a decision based upon such a hearing, procedural determinations made
			 by the responsible official shall be entitled to substantial weight.
(4) If a party wishes to obtain judicial
			 review of the administrative review decision concerning that party, the
			 aggrieved party shall first submit a notice of intent to do so with the
			 responsible official of the department within the time period for commencing a
			 judicial appeal as provided in subsection (5) of this section.
(5) As provided in
			 RCW
			  43.21C.075 and WAC
			 197-11-680, a party desiring
			 judicial review of the administrative review decision concerning that party
			 shall commence such appeal within (a) ninety days of the issuance of notice of
			 administrative review by the department pursuant to
			 RCW
			  43.21C.080, or (b) thirty days after service
			 of the final decision of the department as provided in RCW 34.04.130, whichever
			 is later.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 88-01-029
				  (Order 111), § 468-12-680, filed 12/10/87; 84-19-030 (Order 90), §
				  468-12-680, filed 9/14/84.