WAC 332-08-455   Surface mining -- Conversion of BAP to formal adjudicative proceeding.  When may a BAP be converted to a formal proceeding? Any BAP concerning surface mining under chapter 78.44 RCW may, in the department's discretion, be converted to a formal adjudicative hearing. Formal proceedings are conducted pursuant to procedures of RCW 34.05.413 through 34.05.479 and WAC 332-08-401 through332-08-441 . The decision to convert the proceeding to a formal adjudicative proceeding may be made by either the presiding BAP officer or a geology division manager or assistant manager. Conversion to a formal adjudicative proceeding may be completed by:

     (1) The BAP officer's notification to the parties; or

     (2) A geology division manager or assistant manager's notification to the BAP officer and the parties. Upon conversion, the department shall promptly forward the application for an adjudicative proceeding to the office of administrative hearings.



[Statutory Authority: RCW 34.05.220. 08-16-095, § 332-08-455, filed 8/5/08, effective 9/5/08.]