WAC 332-08-421   Surface mining -- Filing location and presiding officer.  Where must my appeal be filed? Applications for adjudicative proceedings relating to surface mining must be filed at the location identified below for each of the issues listed below:

     (1) Civil penalty.

     (a) File with:


     Pollution Control Hearings Board

     4224 6th Avenue S.E., Building 2, Rowe Six

     P.O. Box 40903

     Lacey, WA 98504-0903


     (b) And serve:


     Assistant Division Manager

     Division of Geology and Earth Resources

     Department of Natural Resources

     P.O. Box 47007

     Olympia, WA 98504-7007


     (c) Who considers my appeal? The pollution control hearings board will consider properly filed appeals and enter the final decision on appeals of department civil penalties. Chapter 371-08 WAC will govern the proceedings conducted by the pollution control hearings board, except that the burden of proof and standard of proof will be as provided in this chapter.

     (2) Where must my appeal of other department surface mining actions be filed? All other surface mining related determinations including requests for brief adjudicative proceedings governed by WAC 332-08-445:

     (a) File with:


     Assistant Division Manager

     Division of Geology and Earth Resources

     Department of Natural Resources

     P.O. Box 47007

     Olympia, WA 98504-7007


     (b) Who considers my appeal? Adjudicative proceedings governed by this subsection will be initially decided through the office of administrative hearings unless subject to a brief adjudicative proceeding through WAC 332-08-445 or the commissioner of public lands decides that he/she will enter a decision.



[Statutory Authority: RCW 34.05.220. 08-16-095, § 332-08-421, filed 8/5/08, effective 9/5/08.]