Subject of Possible Rule Making: The Office of Archaeology and Historic Preservation (OAHP) needs to develop rules that will establish criteria for issuing and denying archaeological permits, and issuing citations under OAHP's newly established civil penalty authority for failing to meet the conditions of chapter 27.53 RCW. Rule making will also address criteria for site restoration, investigative costs and establish an appeals process.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 27.53.140.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2002 the legislature passed SHB 1189 which gives OAHP the authority to issue civil penalties when an archaeological site is intentionally disturbed or the conditions of a permit are violated. The legislation also gives OAHP the authority to deny a permit for cause. Rules will establish criteria for issuing and denying a permit application, criteria for issuing civil penalties and will establish an appeal process.

     Process for Developing New Rule: OAHP will hold meetings and consult with all affected parties to discuss the new rules. There will be at least one public meeting. OAHP will request and consider comments from all affected parties.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Allyson Brooks, Office of Archaeology and Historic Preservation, P.O. Box 48343, Olympia, WA 98504-8343, phone (360) 586-3066, fax (360) 586-3067, e-mail AllysonB@cted.wa.gov.

     OAHP will conduct public information gathering sessions. OAHP will also solicit information and comments through a mailed request for comments and on their web site, www.oahp.wa.gov.

June 27, 2002

Martha Choe

Director

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