WAC 332-08-443   Surface mining -- Appeal procedures for emergency orders.  What appeal procedures apply to emergency surface mining orders? The procedures in WAC 332-08-401 through 332-08-441 apply to administrative appeals of emergency orders to rectify deficiencies, emergency orders to suspend surface mining, or other enforcement actions under chapter 78.44 RCW that are effective when entered and call for emergency adjudications; however, the department shall also follow the provisions of RCW 34.05.479. DNR shall proceed as quickly as feasible to complete any requested adjudicative proceedings regarding these enforcement actions. DNR shall request the office of administrative hearings to quickly schedule and hear these matters. Neither the department nor the office of administrative hearings is required to review an appeal more quickly than the parties' agreed timeline.



[Statutory Authority: RCW 34.05.220. 08-16-095, § 332-08-443, filed 8/5/08, effective 9/5/08.]