WAC 332-08-155   Derelict and abandoned vessel -- Administrative review of initial orders.  (1) How may I obtain review of an initial order?

     (a) Initial orders in all adjudicative proceedings relating to a decision to take temporary possession or custody of a vessel or the amount owed to an authorized public entity under chapter 79.100 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.

     (2) Who is the reviewing officer? By adopting this rule, the commissioner of public lands appoints the policy director or delegated alternate as reviewing officer of petitions for administrative review of initial orders. The commissioner may appoint an alternate reviewing officer or retain the reviewing officer role for any case.

     (3) What must my petition for administrative review of an initial order include? The petition for administrative review shall clearly identify the parts of the initial order with which the party disagrees and shall refer to the evidence of record which is relied upon to support the party's position.

     (4) How does a party reply to the petition for administrative review?

     (a) Any party may file a reply to a petition for administrative review. The reply shall be filed with the office where the petition for administrative review was filed on or before the tenth business day after the date the petition for administrative review was served on the party.

     (b) If a reply is filed, a copy must be served on all parties or their representatives at the time the reply is filed.

     (5) May I provide written and oral argument?

     (a) The parties may provide written argument in support of a petition for administrative review or a reply to a petition for administrative review.

     (b) Upon receipt of a petition for administrative review and any reply thereto, the reviewing officer shall hold a scheduling conference to establish a deadline for written argument. Unless the reviewing officer determines a different schedule is appropriate, the following schedule will apply:

     (i) Written argument in support of a petition for administrative review must be filed at the address designated for the petition for administrative review within ten days of the scheduling conference. A copy of the written argument in support of the petition must be served on all parties or their representatives at the time the written argument is filed.

     (ii) Written argument in support of the reply must be filed at the address designated for the petition for administrative review within ten days of service of the written argument in support of the petition. A copy of written argument in support of the reply must be served on all parties or their representatives at the time the written argument is filed.

     (c) Oral argument is generally not available and is a matter of the reviewing officer's discretion.

     (6) May the parties offer new evidence on review? The parties must limit their arguments to the evidence in the record, except to the extent that supplementation of the evidence would be appropriate under the standards of RCW 34.05.562 for judicial reviews. Whether to allow the supplementation of the record is within the discretion of the reviewing officer.



[Statutory Authority: RCW 34.05.220. 08-16-095, § 332-08-155, filed 8/5/08, effective 9/5/08.]