reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-40 - Agency/educational institution operating procedures › Section 326-40-100 - Joint venture approval

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Requests for approval. Any joint venture involving a certified business which
			 is to be counted toward contract participation goals shall request approval
			 from the awarding state agency or educational institution. The request must:
(a) Be in writing;
(b) Be accompanied by a written joint venture
			 agreement that conforms to the requirements of subsection (2) of this section;
			 and
(c) Contain a statement that
			 gives the approving agency or educational institution authority to audit the
			 joint venture.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-50 - Participation programs › Section 326-50-010 - Participation programs, purpose and intent

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the state of Washington to provide the
				maximum practicable opportunity for increased participation by minority and
				women-owned businesses in public works and the process by which goods and
				services are procured by state agencies and educational institutions from the
				private sector.
OMWBE is directed by
				RCW
				 39.19.030(1) to: "Develop,
				plan, and implement programs" to provide such opportunities for participation
				by qualified minority and women-owned businesses. OMWBE has found that there is
				a need to supplement the certification program in order to encourage MWBE
				participation in state contracts. Therefore, OMWBE will develop participation
				programs to advance the state of Washington's policy to mitigate the effects of
				societal discrimination, and to increase opportunities for minority and
				women-owned firms to do business with the state. The implementation of these
				programs will result in increased opportunities for MWBEs to develop and grow
				in the existing market place, and to assist them in establishing new business
				relationships with the state of Washington.
Statutory Authority:
				  Chapter
				  39.19 RCW. 85-24-010
				  (Order 85-10), §
										326-50-010, filed 11/25/85,
				  effective 3/1/86.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-50 - Participation programs › Section 326-50-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of chapter 326-50 WAC;
(1) "Non-MWBE firm" means a firm or business
			 which is not certifiable as a MWBE under
			 chapter
			 39.19 RCW and its
			 implementing regulations, or a firm which has chosen not to seek certification
			 as a MWBE;
(2) Solely for purposes
			 of participation programs as used in chapter 326-50 WAC, "MWBE" shall mean:
(a) Either an enterprise certified by OMWBE
			 on or before November 22, 1985; or an enterprise which is certified at any
			 time, provided such enterprise has been engaged in bona fide business
			 activities as a minority or woman-owned business for at least one year prior to
			 the filing of an agreement of intent with OMWBE, and
(b) Either an enterprise which is
			 incorporated in the state of Washington as a Washington domestic corporation;
			 or an enterprise whose principal place of business is located within the state
			 of Washington for enterprises which are not incorporated.
(c) Nothing contained in subsections (a) and
			 (b) shall be construed to include or allow foreign corporations to participate
			 in any participation program.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-50 - Participation programs › Section 326-50-030 - Business partnership program - Purchased goods and services, architecture, engineering and other consultants - Purpose and intent

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose and intent. The primary purpose
			 of this Participation Program I, hereinafter referred to as the business
			 partnership program, is to increase opportunities for certified MWBEs to
			 provide purchased goods and services, and architecture, engineering and other
			 consultant services to state agencies and educational institutions. This
			 program is designed to increase the number of MWBEs participating in state
			 contracts, and to enhance the economic viability of certified businesses, by
			 providing incentives to non-MWBE firms, both large and small, to develop
			 ongoing business relationships with OMWBE certified firms.
(a) The business partnership program will be
			 in effect as of March 1, 1986. This program is a prototype program, and will be
			 periodically evaluated by OMWBE. After the program has been in effect for
			 twelve months, OMWBE will evaluate the program to determine whether it is
			 fulfilling the purposes for which it is designed.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-50 - Participation programs › Section 326-50-040 - Implementation of business partnership program

Current through Register Vol. 24-14, July 15, 2024
(1) Agreement of intent -- Contents of
			 agreement. In order to claim business partnership credit for contracts or other
			 assistance provided to MWBEs, an agreement of intent must be filed with OMWBE
			 by the non-MWBE firm within seven days of the commencement of the
			 supplier-service contract. The agreement of intent to be filed with OMWBE must
			 include such information as required by OMWBE.
(2) Evaluation committee.
(a) An evaluation committee will review each
			 agreement of intent and make a recommendation to the director. Evaluation
			 committees appointed by OMWBE will consist of a representative from the private
			 sector, a representative from the MWBE community, and a state agency
			 representative. During the prototype phase of the program, the purchased goods
			 and services workgroup, appointed by the OMWBE advisory committee, will serve
			 as the evaluation committee.
(b)
			 The office, through the evaluation committee, will monitor the progress of the
			 agreement of intent against the details outlined in the agreement of intent as
			 filed with OMWBE, or as approved under subsection (3) below.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-50 - Participation programs › Section 326-50-060 - Default by either party to the agreement of intent

Current through Register Vol. 24-14, July 15, 2024
The parties to the agreement of intent (the non-MWBE firm and
				MWBE firm) reserve their rights to pursue legal remedies based upon the
				underlying contract between them. In the event of default by either party,
				appropriate action can be taken by either to assure compliance or to recover
				damages. Approval of the agreement of intent by OMWBE does not constitute a
				ruling that the contract is in compliance with state laws, nor that either
				party is capable of performing its portion of the agreement. Approval of the
				agreement by OMWBE merely signifies that OMWBE believes the fulfillment of this
				agreement will further the goals of the program established by the state under
				chapter
				39.19 RCW. If the MWBE is
				unable or unwilling to perform the agreement of intent, the non-MWBE firm may
				utilize its right to substitute under WAC 326-30-080. OMWBE also reserves the
				authority to apply the full range of sanctions available under the law against
				the parties to the agreement of intent, as appropriate, if perjured agreements
				of intent are filed, or spurious claims for credits are made.
Statutory Authority:
				  Chapter
				  39.19 RCW. 85-24-010
				  (Order 85-10), §
										326-50-060, filed 11/25/85,
				  effective 3/1/86.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-70 - Linked deposit program › Section 326-70-010 - Linked deposit program - Purpose and intent

Current through Register Vol. 24-14, July 15, 2024
The purpose of this program is to facilitate access to capital
				for minority and women's business enterprises certified under
				chapter
				39.19 RCW. The intent of
				these rules is to increase the number of minority and women business owners
				participating in the program and decrease the wait period between enrollment
				approval and funding.
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-70-010, filed 1/22/08,
				  effective 2/22/08.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-70 - Linked deposit program › Section 326-70-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following words and terms have specific meaning as used in
				this chapter which may be different from their meaning elsewhere in this
				title.
(1) "Business" means an entity
			 that is certified as a MBE, WBE, MWBE or CBE under
			 chapter
			 39.19 RCW.
(2) "Office" means the Washington state
			 office of minority and women's business enterprises (OMWBE).
(3) "Owner" means any person(s) holding a
			 majority ownership interest in a business certified under
			 chapter
			 39.19 RCW.
(4) "Person" means one or more individuals,
			 partnerships, associations, organizations, corporations, cooperatives, limited
			 liability companies, legal representatives, trustees and receivers, or any
			 group of persons.
(5) "Principal
			 amount" means the amount of the loan as of the time the loan is initiated (not
			 its declining balance from time to time).
(6) "Program" means the linked deposit
			 program authorized under
			 RCW
			  43.86A.060.
(7) "Treasurer" means the office of the state
			 treasurer.
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-70-020, filed 1/22/08,
				  effective 2/22/08.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-70 - Linked deposit program › Section 326-70-035 - Loan and enrollment limits

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 total principal amount of a single qualified loan shall not exceed one million
			 dollars.
(2) The total principal
			 amount of qualified loans under the program that any one business may receive
			 over the lifetime of the business shall not exceed five million
			 dollars.
(3) The total principal
			 amount of qualified loans that an owner of one or more businesses may enroll in
			 the program during her/his lifetime shall be five million dollars.
(4) The number of qualified loans that any
			 one business may enroll in the program over the lifetime of the business shall
			 not be limited: Provided, That a statement regarding the number of full-time or
			 part-time jobs to be created or saved by each new enrollment is filed with the
			 office at the time of enrollment.
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-70-035, filed 1/22/08,
				  effective 2/22/08.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-70 - Linked deposit program › Section 326-70-040 - Funding eligibility

Current through Register Vol. 24-14, July 15, 2024
All qualified public depositaries desiring to enroll a
				qualified loan in the linked deposit program shall complete and submit a loan
				enrollment form to the office for approval. The loan must be to a business
				certified under
				chapter
				39.19 RCW and the form
				must be signed by the owner having the majority ownership interest in the
				business. The office shall review all forms received by the twenty-fifth day of
				each calendar month and forward a list of approved enrollments to the treasurer
				by the fifth working day of the following month.
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-70-040, filed 1/22/08,
				  effective 2/22/08.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-70 - Linked deposit program › Section 326-70-050 - Funding priority - Established

Current through Register Vol. 24-14, July 15, 2024
Funding shall occur on a monthly basis as funds are available.
				First-time enrollments must be first to receive funding in the month they are
				approved. If available funds are insufficient to cover the remaining
				enrollments in a given month, the unfunded enrollments must be first to receive
				funding in the subsequent month. First-time enrollments in that month will be
				funded following the funding of enrollments brought forward from the previous
				month(s). See illustration below.
Loan Application
Funded?
Loan
ID
First Loan?
Dec.
07
Jan.
08
Feb.
08
Mar.
08
D-1
Y
Y
D-2
Y
Y
D-3
N
Y
D-4
N
N
Y
D-5
N
N
N
Y
D-6
N
N
N
N
Y
J-1
Y
--
N
N
Y
J-2
N
--
N
N
N
J-3
N
--
N
N
N
F-1
Y
--
--
N
Y
F-2
Y
--
--
N
Y
F-3
N
--
--
N
N
F-4
N
--
--
N
N
M-1
Y
--
--
--
N
M-2
N
--
--
--
N
Note: In the Loan ID column, the alpha character identifies the
				month in which the enrollment was approved. After three months on the list,
				unfunded enrollments (other than first-timers) will be funded in alternating
				order with first-time enrollments. First-timers that are unfunded after six
				months will be given priority and not subjected to alternating. (See WAC
				326-70-060)
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-70-050, filed 1/22/08,
				  effective 2/22/08.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-70 - Linked deposit program › Section 326-70-060 - Funding priority - Adjusted

Current through Register Vol. 24-14, July 15, 2024
(a) Approved but unfunded enrollments on the
			 effective date of these rules shall be funded prior to enrollments approved
			 after the effective date of these rules.
(b) The funding list will be reviewed and
			 updated each month in a manner that maintains the priority of first-time
			 enrollments for the current month while providing funding for others that have
			 been unfunded for at least three months.
(c) When a first-time enrollment remains
			 unfunded after six months due to lack of available funds, it must be funded
			 with available funds before all other enrollments.
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-70-060, filed 1/22/08,
				  effective 2/22/08.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-70 - Linked deposit program › Section 326-70-065 - Accountability

Current through Register Vol. 24-14, July 15, 2024
Qualified public depositaries shall report current loan
				balances each month on all loans to the treasurer.
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-70-065, filed 1/22/08,
				  effective 2/22/08.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-70 - Linked deposit program › Section 326-70-070 - Applicability of rules

Current through Register Vol. 24-14, July 15, 2024
This chapter shall apply to all enrollment requests to the
				linked deposit program: Provided, That sections WAC
				326-70-050 and
				326-70-060 shall apply only to
				enrollments approved after the effective date of the rules adoption.
				Enrollments received prior to the effective date of the rule shall be funded in
				the order received, subject to availability of funds.
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-70-070, filed 1/22/08,
				  effective 2/22/08.
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to RCW  35.58.273 and is intended to administratively implement that statutory provision.
Statutory Authority: RCW 35.58.273. 84-07-034 (Resolution No. 4328), §
										330-01-010, filed 3/19/84.
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-020 - Purpose of this chapter

Current through Register Vol. 24-14, July 15, 2024
The municipality of metropolitan Seattle is a municipal corporation as authorized by chapter 35.58 RCW and defined in RCW  35.58.020(1). The municipality of metropolitan Seattle has established procedures for adopting its own resolutions, rules, and regulations, in accordance with RCW  35.58.130. RCW  35.58.273, however, requires the municipality to "adhere to the provisions of the Administrative Procedure Act," chapter 34.04 RCW, in adopting one particular rule. This chapter was created to fulfill that legal requirement.
Statutory Authority: RCW 35.58.273. 84-07-034 (Resolution No. 4328), §
										330-01-020, filed 3/19/84.
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-030 - Purpose of this rule

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this rule is to provide detailed procedures for public participation and hearings in certain situations involving the location and design of a mass rapid transit system. A hearing on the location of the route of the proposed system is called a "corridor public hearing." A hearing on the major design features of the proposed system is called a "design public hearing."
(2) Another purpose of this rule is to coordinate public hearings under RCW  35.58.273 with other hearings that the municipality may hold during its planning process. RCW  35.58.273 was enacted prior to SEPA and NEPA. The municipality's public hearings under these laws, for example, can fulfill the requirements of RCW  35.58.273.
Statutory Authority: RCW 35.58.273. 84-07-034 (Resolution No. 4328), §
										330-01-030, filed 3/19/84.
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-040 - When this rule applies

Current through Register Vol. 24-14, July 15, 2024
(1) This rule applies in a specific situation involving the planning and design of mass rapid transit systems.
(2) This rule applies only when the municipality:
(a) Proposes to approve and construct a specific mass rapid transit system; and
(b) Will acquire right of way or construct a mass transit facility on a separate right of way for the system; and
(c) Will utilize certain special excise tax moneys for such acquisition or construction.
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-050 - Definitions for this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) "Corridor" means a pathway for mass rapid transit. It is synonymous with words such as "route," "route location," "route proposal," "location of the system," and "alignment." In this chapter, a corridor refers to a route used by a substantial portion of vehicles in the overall system and not simply to one or several bus routes. A corridor need not be used exclusively for mass rapid transit.
(2) "Corridor public hearing" means a public hearing that:
(a) The municipality holds before it is committed to or establishes a specific mass rapid transit system corridor; and
(b) Affords an opportunity for public comment on the need for and location of the system and on the social, economic, and environmental efforts on that location and alternate locations.
The statutory phrases "committed to or establishes" and "adoption of location plans" shall refer to a resolution of the council of the municipality that authorizes a specific mass rapid transit system project and describes its location. The consideration of various proposals, including preferred alternatives, preliminary engineering work, or other planning during the environmental review process, do not constitute the establishment of or commitment to a specific mass transit route proposal.
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-060 - Opportunity for and timing of public hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Generally speaking, the municipality will provide an opportunity for public hearings before locating, designing, and building a system that has substantial impacts (see subsection (2) of this section for a technical explanation). If the municipality already has a system operating on a separate right of way, metro will provide an opportunity for public hearings before substantially changing that system.
(2) When this rules applies (WAC 330-01-040), the municipality shall afford opportunity for corridor and design public hearings:
(a) Before the municipality adopts location and design plans having a substantial social, economic, or environmental effect upon the locality where the plans are to be constructed; or
(b) Whenever a substantial change, having a substantial social, economic, or environmental effect, is proposed relating to the location or design in the adopted plan (if any) for a mass rapid transit system operating on a separate right of way.
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-070 - Combination with other public participation

Current through Register Vol. 24-14, July 15, 2024
(1) The municipality may hold corridor and design public hearings concurrently with any other public hearings on a proposed mass rapid transit system. Corridor or design public hearings may be combined with a public comment period at a meeting of the council or transit committee of the municipality. The executive director may make the decision to combine such public hearings. Corridor or design public hearings that are combined with other public participation shall meet the requirements of this section.
(2) If corridor or design public hearings are held concurrently with public hearings on an EIS, WAC 330-01-080 shall govern. If corridor or design public hearings are held concurrently with any other hearings, the procedures for such other hearings shall apply, except that:
(a) Notice shall at a minimum contain the information and be published as specified in WAC 330-01-090(4); and
(b) The hearing shall provide a forum for commenting on the subjects specified in WAC 330-01-090(5)(d) and (e).
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-080 - Public hearings when there is an EIS

Current through Register Vol. 24-14, July 15, 2024
(1) The municipality shall conduct corridor and design public hearings whenever the municipality is a lead agency for an EIS on a proposed system which meets the criteria of WAC 330-01-040.
(2) If the municipality holds corridor or design public hearings concurrently with public hearings on an EIS under SEPA, the municipality shall follow the procedures for hearings on EISs, as specified by chapter 43.21C RCW, chapter 197-11 WAC, and the municipality's resolution setting forth its SEPA procedures.
(3) If the municipality holds corridor or design public hearings concurrently with public hearings on an EIS under NEPA, the municipality shall follow the procedures for hearings specified by its own procedures and by the federal joint lead agency and that agency's NEPA implementing procedures.
(4) Compliance with SEPA procedures (and/or NEPA procedures if applicable) fully satisfies the requirements of this chapter if:
(a) The information required by WAC 330-01-090(4)(b) is included in the published notice for the hearings; and
(b) The public hearing provides a forum for commenting on the subjects specified in WAC 330-01-090(5)(d) and (e).
Washington Administrative Code › Title 330 - Municipality of Metropolitan Seattle › Chapter 330-01 - Procedures for corridor and design public hearings under RCW 35.58.273 › Section 330-01-090 - Public hearings when there is no EIS

Current through Register Vol. 24-14, July 15, 2024
(1)
No EIS.
When this chapter applies to a proposal, but an EIS is not being prepared, the municipality shall nonetheless provide an opportunity for public hearings by following the procedures in this section.
(2)
Notice of opportunity for hearings.
The municipality shall publish a notice in a newspaper of general circulation in the area where proposed system would be located. The notice shall contain:
(a) A statement that members of the public may request the municipality to hold a corridor or design public hearing (as applicable).
(b) A brief description of the system's route location or major design features (as applicable).
(c) The availability of an environment document, if any, on the proposal.
(d) The method and date by which members of the public can request a public hearing.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-001 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
(1)
What do these rules
				do?
The department's practices and procedures rules, set out
				in this chapter, govern the method, time and place for challenging
				department actions and the procedures for conducting an adjudicative
				proceeding of that challenge.
(2)
Do these rules govern my
				issue?
Generally, these rules apply if you are challenging a
				department determination regarding:
(a) Derelict vessels (chapter
				79.100 RCW);
(b) Forest
				practices notices to comply (chapter
				76.09
				RCW);
(c) Oil and gas
				drilling (chapter 78.52 RCW);
(d) Surface mining (chapter 78.44
				RCW);
(e) Other
				department determinations that are not proprietary and do not fall
				within the exclusive jurisdiction of separate quasi-judicial boards,
				such as the forest practices appeals board.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-002 - Proprietary decisions

Current through Register Vol. 24-14, July 15, 2024
Is review under the Administrative Procedure
				  Act available for proprietary decisions?
No. This section,
				  concerning administrative review, is not available for proprietary
				  decisions. Under
				  RCW
				  34.05.010(3),
				  sales, leases, contracts, or other proprietary decisions in the
				  management of public lands or real property interests are not agency
				  actions and are not subject to adjudicative proceedings under the
				  Administrative Procedure Act (APA). Accordingly, the department will
				  not commence APA-based adjudicative proceedings for proprietary
				  decisions, including, but not limited to, actions taken under the
				  terms of geoduck harvesting agreements, aquatic lands leases,
				  easements, rights of way, revocation to install residential dock and
				  residential mooring buoys, purchases or leases of public lands or any
				  valuable materials thereon, permits to use state-owned land and
				  resources, timber sale contracts, mineral prospecting leases, mining
				  contracts, or other proprietary agreements to which the department is
				  a party. Nonjudicial review of these actions may be available or
				  required under the terms of the specific agreement or related
				  laws.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-002, 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 I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-003 - Exhaustion of administrative remedies

Current through Register Vol. 24-14, July 15, 2024
What happens if I don't file a timely
				  challenge of a department action?
You may be precluded from
				  filing any challenge if you do not timely file your challenge with
				  the department under these rules.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-003, 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 I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
				"Adjudicative proceeding" means a proceeding before an agency in
				which an opportunity for hearing before that agency is required by
				statute or constitutional right before or after the entry of an order
				by the agency. This definition includes an agency's or quasi-judicial
				board's consideration of a challenge through a brief adjudicative
				proceeding, formal adjudicative proceeding, petition for
				administrative review of an initial order, or a request for
				reconsideration.
(2)
				"BAP" means "brief adjudicative proceeding" as described in
				RCW 34.05.482 through
				34.05.494.
(3) "Department" means the
				department of natural resources.
(4) "Filing a document that is
				required to be filed with an agency" means delivery of the document
				to a place designated by the agency by rule for receipt of official
				documents, or in the absence of such designation, at the office of
				the agency head. A document is not delivered until it is received by
				the intended recipient.
(5) "Formal adjudicative
				proceeding" refers to the adjudicative process described in
				RCW 34.05.413 through
				34.05.476.
(6) "Service" means posting in the
				United States mail, properly addressed, postage prepaid, or personal
				service. Service by mail is complete upon deposit in the United
				States mail.
(7) For
				adjudicative hearings before the department, including hearings
				conducted by the office of administrative hearings, words used in
				this chapter have the meaning stated in
				RCW 34.05.010.
(8) For adjudicative hearings
				before the pollution control hearings board, terms used in this
				chapter relating to practice and procedure have the meaning stated in
				the pollution control hearings board's practices and procedures
				rules, chapter 371-08 WAC, except that "department" means the
				department of natural resources.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-015, filed 8/5/08, effective 9/5/08.
					 Statutory Authority:
					 RCW
					 34.05.220(1)(a).
					 91-13-059 (Order 573), § 332-08-015, filed 6/17/91, effective
					 7/18/91.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-022 - Incorporation of model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
Formal adjudicative
				proceedings:
The department incorporates by reference the
				model rules of procedure, as now or as hereinafter amended, for the
				department's adjudicative proceedings conducted under
				RCW 34.05.413 through
				34.05.479. The model
				rules of procedure are those that are adopted by the chief
				administrative law judge pursuant to
				RCW 34.05.250. The
				procedures are contained in chapter 10-08 WAC.
(a) Other rules adopted in this
				chapter supplement the model rules of procedure.
(b) The rules of this chapter
				supersede the procedures of chapter 10-08 WAC where there is a
				conflict.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-030 - Department settlement authority

Current through Register Vol. 24-14, July 15, 2024
May the department settle a dispute without
				  an adjudicative proceeding?
The department may informally
				  settle disputes. To explore the possibility of settlement, you should
				  consider discussing settlement options with the department.
				  Generally, settlement negotiations will not be admissible as evidence
				  to show wrongdoing pursuant to Evidence Rule 408. Settlement
				  negotiations do not alter the timelines associated with adjudicative
				  proceeding or judicial appeals.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-030, 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 I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-035 - Standard of proof

Current through Register Vol. 24-14, July 15, 2024
What is the standard of proof?
Unless
				  the rules or law requires otherwise, the standard of proof in an
				  adjudicative proceeding is a preponderance of the evidence.
				  Preponderance of the evidence means the evidence as a whole makes a
				  fact more probable than not.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-035, 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 I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-045 - De novo review

Current through Register Vol. 24-14, July 15, 2024
What does a presiding officer
				  consider?
The presiding officer will conduct a de novo review
				  of the department's action(s) in reaching its initial order. New
				  facts and law may be presented to the presiding officer to support or
				  contest a department action in the course of an adjudicative
				  proceeding, except to the extent that new facts or argument are
				  limited by other laws and rules.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-045, 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 I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-055 - Discovery

Current through Register Vol. 24-14, July 15, 2024
What limits apply to discovery in
				  adjudicative proceedings being conducted by the department?
Discovery in any adjudicative proceeding must comply with Civil Rule
				  (CR) 26 through CR 36 unless otherwise agreed by the parties or
				  ordered by the presiding officer.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-055, 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 I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-065 - Exhibits

Current through Register Vol. 24-14, July 15, 2024
How may exhibits be presented?
Any
				  party intending to offer documentary evidence during the hearing must
				  prepare a minimum of two copies of each document to be offered, and
				  must give one complete copy to each of the other parties of record no
				  later than the date set for the hearing. The presiding officer may in
				  her/his discretion order different requirements so long as consistent
				  with the parties' rights. The presiding officer may exclude from
				  evidence documents that fail to conform to his/her order or this rule
				  unless the offering party shows good cause for the
				  failure.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-065, 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 I - PURPOSE AND AUTHORITY - GENERAL PROVISIONS › Section 332-08-075 - Expert or opinion testimony and testimony based on economic and statistical data - Supporting data

Current through Register Vol. 24-14, July 15, 2024
May the parties access the data underlying
				  expert or opinion testimony?
The presiding officer or other
				  appropriate officer, in her/his discretion but consistent with the
				  rights of the parties, may cause the parties to make available for
				  inspection in advance of the hearing, and for purposes of
				  cross-examination at the hearing, the data underlying expert or
				  opinion testimony including testimony based on economic and
				  statistical data. Wherever practicable, she/he will restrict to a
				  minimum the placing of such data in the record.
Statutory Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-075, 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 II - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR DERELICT AND ABANDONED VESSEL ACTIONS › Section 332-08-101 - Applicability to department actions under the Derelict and Abandoned Vessel Act, chapter 79.100 RCW

Current through Register Vol. 24-14, July 15, 2024
When is this chapter applicable to department
				  actions relating to the Derelict and Abandoned Vessel
				  Act?
This chapter applies when the owner or lien holder
				  of an abandoned or derelict vessel files a challenge to a decision or
				  action of the department acting as an authorized public entity with
				  the pollution control hearings board under the Derelict and Abandoned
				  Vessel Act as provided in
				  RCW
				  79.100.120.
Statutory Authority: 2010 c 210 . 12-19-035,
					 § 332-08-101, filed 9/12/12, effective 10/13/12. Statutory
					 Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-101, 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 II - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR DERELICT AND ABANDONED VESSEL ACTIONS › Section 332-08-111 - Derelict and abandoned vessel - Appeal deadline

Current through Register Vol. 24-14, July 15, 2024
When must I file my appeal?
The owner or lien holder of an abandoned or
				  derelict vessel may file a notice of appeal regarding a decision or
				  action of the department under chapter 79.100 RCW with the pollution
				  control hearings board . A written request for a hearing related to
				  the decision or action must be filed with the pollution control
				  hearings board and served on the department in accordance with RCW
				  43.21B.-230 (2) and (3) within thirty days of the date the department
				  acquires custody of the vessel under
				  RCW 79.100.040, or if
				  the vessel is redeemed before the department acquires custody, no
				  later than thirty days after the date of
				  redemption.
Statutory Authority: 2010 c 210 . 12-19-035,
					 § 332-08-111, filed 9/12/12, effective 10/13/12. Statutory
					 Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-111, 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 II - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR DERELICT AND ABANDONED VESSEL ACTIONS › Section 332-08-121 - Derelict and abandoned vessel - Filing location

Current through Register Vol. 24-14, July 15, 2024
Where must I file my appeal?
The owner or lien holder of an abandoned or
				  derelict vessel must file any notice of appeal concerning a decision
				  to take temporary possession or custody of a vessel or the amount
				  owed to the department under chapter 79.100 RCW with the pollution
				  control hearings board and must serve a copy of the appeal 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:
MS 40903
Olympia, WA 98504-0903
Department of Natural Resources
Aquatic Resources Division
Derelict Vessel Removal Program
Physical Address:
1111 Washington St. S.E.
Olympia, WA 98501
Mailing Address:
MS 47027
Olympia, WA 98504-7027
Statutory Authority: 2010 c 210 . 12-19-035,
					 § 332-08-121, filed 9/12/12, effective 10/13/12. Statutory
					 Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-121, 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 II - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR DERELICT AND ABANDONED VESSEL ACTIONS › Section 332-08-122 - Transfer of certain vessels-Vessel inspection required-Secondary liability

Current through Register Vol. 24-14, July 15, 2024
When is this chapter applicable to the
				  department's derelict vessel removal actions?
As directed by
				  RCW 79.100.150, a
				  seller/ transferor of a qualifying vessel must provide vessel
				  inspection disclosure documentation specified in WAC
				  332-30-123 to the
				  department before transferring ownership of a vessel that is:
(1) More than sixty-five feet in
				length and more than forty years old; and
(2) Either:
(a) Is registered or required to be
				registered under
				chapter 88.02 RCW; or
(b) Is listed or required to be
				registered under chapter 94.40 RCW.
After July 1, 2014, this chapter applies when the
				  department seeks financial reimbursement from any person or entity
				  the department determines has incurred secondary liability under
				  RCW 79.100.150 for all
				  reasonable and auditable costs associated with the removal and
				  disposal of derelict or abandoned vessels. The department may pursue
				  secondary liability if the prior owner(s) did not provide the
				  department copies of a vessel inspection disclosure report, as
				  specified in WAC
				  332-30-123, before
				  transferring ownership of the vessel.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part II - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR DERELICT AND ABANDONED VESSEL ACTIONS › Section 332-08-123 - Minimum criteria for vessel inspection

Current through Register Vol. 24-14, July 15, 2024
(1)
What are the minimum criteria for a vessel inspection to
				determine a vessel is seaworthy?
For the purpose of this rule, the term "seaworthy"
				  means the vessel and its equipment are physically fit and in full
				  working order; able to encounter and withstand the ordinary perils of
				  the sea during its contemplated use; and suitable for its intended
				  purpose. Current U.S. Coast Guard certificates of inspection are
				  acceptable forms of vessel condition determination. Other vessel
				  inspection disclosure reports must document the condition, valuation,
				  and suitability of the vessel for service. The vessel inspection
				  disclosure report may be prepared for either the owner, lien holder,
				  buyer/transferee, vessel broker, or associated financial and
				  insurance provider(s) for the vessel. Vessel inspections must be
				  prepared by a professional marine surveyor who is a third party to
				  the transaction. The vessel inspection must be completed within
				  thirty days prior to the seller/transferor transferring ownership of
				  the vessel. Before transferring ownership of the vessel, the
				  seller/transferor must provide the department a hard copy of the
				  vessel inspection disclosure report and department-issued
				  Acknowledgement Form with original, notarized signatures of the
				  seller/ transferor and the buyer/transferee acknowledging receipt of
				  the vessel inspection disclosure report.
(2) The vessel inspection
				disclosure report must include the following information, at a
				minimum if applicable to the vessel:
(a) Cover page describing:
(i) Report title identifying type
				of survey;
(ii) Date
				report issued;
(iii)
				Contact information for surveyor;
(iv) Current photograph of vessel,
				date and location; and
(v) Official vessel
				number.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-08 - Practice and procedure › Part II - PROVISIONS RELATING TO DEPARTMENT ADJUDICATIVE PROCEEDINGS FOR DERELICT AND ABANDONED VESSEL ACTIONS › Section 332-08-124 - Procedure for vessel inspection documentation

Current through Register Vol. 24-14, July 15, 2024
(1)
Where must I file my
				vessel inspection documentation?
The seller/transferor must file a hard copy vessel
				  inspection disclosure report and supporting documentation at the
				  following address:
Department of Natural Resources
Aquatic Resources Division
Derelict Vessel Removal Program
MS 47027
Olympia, WA 98504-7027
(2)
What is the department's
				procedure for confirming receipt of vessel inspection disclosure
				documentation?
The department will accept hard copies of a vessel
				  inspection disclosure report and completed Acknowledgement Form from
				  sellers/transferors.
(a) The
				department will transmit a hard copy or electronic notice of receipt
				to the seller/transferor within ten business days of receiving the
				vessel inspection disclosure documentation.
(b) Such department-issued notice
				of receipt does not constitute concurrence that the vessel inspection
				disclosure documentation meets the minimum criteria for a vessel
				inspection disclosure report, specified in WAC
				332-30-123 or that the
				documentation was received prior to ownership transfer of the
				vessel.
(c) The
				department will maintain records of vessel inspection disclosure
				documentation for future determination of potential secondary
				liability.
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 332-08-201 - Applicability to department actions under forest practices laws and rules

Current through Register Vol. 24-14, July 15, 2024
When is this chapter applicable to the
				  department's forest practices actions?
This chapter applies to
				  challenges of notices to comply that the department issues under
				  chapter 76.09 RCW (Forest
				  Practices Act) and chapter 222-46 WAC. These challenges are initially
				  reviewed through brief adjudicative proceedings (BAPs). Other
				  department actions regarding forest practices, including appeals from
				  department BAP actions on notices to comply, are generally subject to
				  review by the pollution control hearings board under chapter 371-08
				  WAC.
Statutory Authority: 2010 c 210 . 12-19-035,
					 § 332-08-201, filed 9/12/12, effective 10/13/12. Statutory
					 Authority:
					 RCW 34.05.220.
					 08-16-095, § 332-08-201, filed 8/5/08, effective
					 9/5/08.