WAC 332-08-442
Surface mining -- Appeal procedures for
stop work orders. What appeal procedures apply to surface
mining stop work orders? The procedures in WAC 332-08-401
through 332-08-441 apply to challenges of stop work orders;
however, the department shall proceed as quickly as feasible
to complete the requested adjudicative proceeding for any
immediately effective stop work order. DNR shall request the
office of administrative hearings to quickly schedule and hear
the matter. Neither the department nor the office of
administrative hearings is required to review an appeal more
quickly than the parties' agreed timeline. If the department
issues a stop work order that is not effective immediately,
the department and the office of administrative hearings may
proceed on a normal schedule.
[Statutory Authority: RCW 34.05.220. 08-16-095, §
332-08-442, filed 8/5/08, effective 9/5/08.]