WSR 08-07-049

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

NATURAL RESOURCES

[ Filed March 14, 2008, 10:59 a.m. ]

Subject of Possible Rule Making: Washington department of natural resources (DNR) is considering updating chapter 332-08 WAC, Practice and procedure rules. In addition, WAC 332-18-05007 Civil penalties -- Mitigation, appeals, will be updated to coordinate with chapter 332-08 WAC. The department is proposing the repeal of chapter 344-08 WAC, Washington oil and gas conservation committee practices and procedures, since the oil and gas conservation committee is no longer in existence and the policies and procedures are proposed to be incorporated under chapter 332-08 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW, Administrative Procedure Act, RCW 43.30.235 Records -- Rules, 43.12.065 Rules pertaining to public use of state lands -- Enforcement -- Penalty.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The practice and procedure rules have not been updated since 1992. Many of the referenced statutes and rules have been recodified. Some of the sections of chapter 332-08 WAC need clarification, as well as updating. Language needs to reflect what is currently reflected in other rules that this chapter guides through the department's administrative appeal process for regulatory actions. The oil and gas conservation committee was disbanded several years ago and the authority is now directly under DNR. In addition, the governor's initiative to put rules into plain talk language has occurred in the last few years.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: This subject is specific to the DNR. However, because these rules refer to administrative appeals, they must be consistent with the office of administrative hearings. As a consequence, the proposed rule changes will incorporate by reference the model rules of procedure under RCW 34.05.413 through 34.05.497 which have been adopted by the chief administrative law judge in accordance with RCW 34.05.250.

Process for Developing New Rule: A hearing(s) will be held during the CR-102 process and the public comment period to allow the public and other state agencies an opportunity to provide input to any amendments that are proposed to chapter 332-08 WAC.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Washington Department of Natural Resources, Simon Kihia, P.O. Box 47014, Olympia, WA 98504-7014, Simon.kihia@dnr.wa.gov, (360) 902-1424.

March 14, 2008

Bonnie B. Bunning

Executive Director of

Policy and Administration

Washington State Code Reviser's Office