WAC 332-08-445   Surface mining -- Availability of brief adjudicative proceedings (BAPs).  When may BAPs be used for surface mining determinations? RCW 34.05.482 through 34.05.494 apply to BAPs under Part V. The department may use brief adjudicative proceedings (BAPs) where their use will violate no provision of law and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties. The department may use BAPs for matters relating to surface mining under chapter 78.44 RCW when agreed in writing by all parties and consistent with chapter 34.05 RCW, specifically RCW 34.05.482.



[Statutory Authority: RCW 34.05.220. 08-16-095, § 332-08-445, filed 8/5/08, effective 9/5/08.]