27.53.095 - Knowing and willful failure to obtain or comply with permit -- Penalties.

Knowing and willful failure to obtain or comply with permit — Penalties.

(1) Persons found to have violated this chapter, either by a knowing and willful failure to obtain a permit where required under RCW 27.53.060 or by a knowing and willful failure to comply with the provisions of a permit issued by the director where required under RCW 27.53.060, in addition to other remedies as provided for by law, may be subject to one or more of the following:

     (a) Reasonable investigative costs incurred by a mutually agreed upon independent professional archaeologist investigating the alleged violation;

     (b) Reasonable site restoration costs; and

     (c) Civil penalties, as determined by the director, in an amount of not more than five thousand dollars per violation.

     (2) Any person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the department.

     (3) Any penalty imposed by final order following an adjudicative proceeding becomes due and payable upon service of the final order.

     (4) The attorney general may bring an action in the name of the department in the superior court of Thurston county or of any county in which the violator may do business to collect any penalty imposed under this chapter and to enforce subsection (5) of this section.

     (5) Any and all artifacts in possession of a violator shall become the property of the state until proper identification of artifact ownership may be determined by the director.

     (6) Penalties overturned on appeal entitle the appealing party to fees and other expenses, including reasonable attorneys' fees, as provided in RCW 4.84.350.

[2005 c 333 § 23; 2002 c 211 § 4.]

Notes: Purpose -- 2002 c 211: See note following RCW 27.53.020.