WAC 332-08-425   Surface mining -- Burden of proof.  Who has the burden of proof? Unless otherwise ordered by the presiding officer or required by law, the burden of proof in adjudicative proceedings regarding department determinations under the surface mining act, chapter 78.44 RCW, shall be:

     (1) On the person challenging the department's decision approving or disapproving an application for a new or revised surface mining reclamation permit, new modified, or revised reclamation plan or a reclamation permit transfer under chapter 78.44 RCW;

     (2) On the department to show that a reclamation permit holder must submit a modified reclamation plan under RCW 78.44.151;

     (3) On the department in proceedings concerning reclamation permit cancellation under chapter 78.44 RCW;

     (4) On the department in civil penalty proceedings and proceedings concerning suspension orders; and

     (5) On the department in proceedings concerning a declaration of abandonment.



[Statutory Authority: RCW 34.05.220. 08-16-095, § 332-08-425, filed 8/5/08, effective 9/5/08.]