WAC 332-08-471   Surface mining -- Appeal of BAP decision and reviewing officer.  (1) Who may seek review of a BAP decision? A party affected by an initial order of the department may request administrative review of the initial order. The department may review any BAP decision on its own motion.

     (2) How do I appeal a BAP decision? A request for administrative review must be in writing, and must be filed at the following address within twenty-one days after the date of service of the initial order:


     Executive Director - Policy and Administration

     Department of Natural Resources

     P.O. Box 47001

     Olympia, WA 98504-7001


     (3) Who else gets a copy of my petition? A copy of the petition for review must also be served on all parties or their authorized representatives at the time of filing.

     (4) Who considers my appeal of the BAP decision? By adopting this rule, the commissioner of public lands appoints the executive director - policy and administration or delegated alternate as reviewing officer of petitions for administrative review of initial orders. The commissioner may appoint an alternate reviewing officer or retain the reviewing officer role for any case. The provisions of WAC 10-08-211 apply to petitions for review of initial orders.

     (5) When is the initial order final? The initial order becomes a final order if no timely petition for administrative review is filed.



[Statutory Authority: RCW 34.05.220. 08-16-095, § 332-08-471, filed 8/5/08, effective 9/5/08.]