76.09.080 - Stop work orders -- Grounds -- Contents -- Procedure -- Appeals.

Stop work orders — Grounds — Contents — Procedure — Appeals.

(1) The department shall have the authority to serve upon an operator a stop work order which shall be a final order of the department if:

     (a) There is any violation of the provisions of this chapter or the forest practices regulations; or

     (b) There is a deviation from the approved application; or

     (c) Immediate action is necessary to prevent continuation of or to avoid material damage to a public resource.

     (2) The stop work order shall set forth:

     (a) The specific nature, extent, and time of the violation, deviation, damage, or potential damage;

     (b) An order to stop all work connected with the violation, deviation, damage, or potential damage;

     (c) The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to public resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a public resource; and/or those courses of action necessary to prevent continuing damage to public resources where the damage is resulting from the forest practice activities but has not resulted from any violation, unauthorized deviation, or negligence; and

     (d) The right of the operator to a hearing before the appeals board.

     The department shall immediately file a copy of such order with the appeals board and mail a copy thereof to the timber owner and forest land owner at the addresses shown on the application. The operator, timber owner, or forest land owner may commence an appeal to the appeals board within thirty days from the date of receipt of the order by the operator. If such appeal is commenced, a hearing shall be held not more than twenty days after copies of the notice of appeal were filed with the appeals board. Such proceeding shall be an adjudicative proceeding within the meaning of chapter 34.05 RCW, the administrative procedure act. The operator shall comply with the order of the department immediately upon being served, but the appeals board if requested shall have authority to continue or discontinue in whole or in part the order of the department under such conditions as it may impose pending the outcome of the proceeding.

[2010 c 210 § 21; 1989 c 175 § 163; 1975 1st ex.s. c 200 § 5; 1974 ex.s. c 137 § 8.]

Notes: Intent -- Effective dates -- Application -- Pending cases and rules -- 2010 c 210: See notes following RCW 43.21B.001.

Effective date -- 1989 c 175: See note following RCW 34.05.010.