WSR 01-04-061

PROPOSED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Order 705 -- Filed February 5, 2001, 10:38 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Defines the supervisor and the organization structure of the Department of Natural Resources. WAC 332-10-020 Definitions and 332-10-040 Operations and procedures of the Department of Natural Resources.

Purpose: To define that "supervisor" means one or more supervisors of natural resources to reflect the current organizational structure of the Department of Natural Resources (DNR).

Statutory Authority for Adoption: RCW 43.30.020, 43.30.170, 42.17.250, 34.05.220.

Statute Being Implemented: RCW 43.30.020, 43.30.170, 42.17.250, 34.05.220.

Summary: Interprets current law to define supervisor of the Department of Natural Resources to reside in one or more supervisors.

Reasons Supporting Proposal: Provides for an efficient organizational structure.

Name of Agency Personnel Responsible for Drafting: Dave Dietzman, 1111 Washington Street S.E., 1st Floor, EQCD, (360) 902-1633; Implementation: Doug Sutherland, 1111 Washington Street S.E., 4th Floor, Executive Management, (360) 902-1004; and Enforcement: Nonregulatory.

Name of Proponent: Department of Natural Resources, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: DNR is also seeking a legislative change to RCW 43.30.20 [43.30.020](4) Definitions, to provide further clarification regarding the "supervisor."

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 332-10-020 Definitions, clarifies that the supervisor of the Department of Natural Resources can be one or more supervisors of natural resources. This will reflect the department's current organizational structure providing for an efficient administration of DNR programs by the Commissioner of Public Lands.

WAC 332-10-040 Operations and procedures of the Department of Natural Resources, provides for consistency with the proposed definition in WAC 332-10-020 and updates language to reflect current organization for implementation of policy and administration of programs and procedures through seven regions and removes a layer of deputy supervisors in the department.

Proposal Changes the Following Existing Rules: See Explanation of Rule above. Also reflects current organizational structure for the implementation of program, policy and procedure from one or more supervisors of natural resources purely through several divisions and seven regions by deleting the exception for the administration of programs and procedures for the Real Estate Division, which no longer exists, and the Aquatic Lands Division which is now the Aquatic Resources Division.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The amendments are procedural regarding internal operations of the department and place no burdens on businesses of the state.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The proposed amendments to WAC 332-10-020 and 332-10-040 have been determined to meet the definition of a procedural and/or interpretive rule in Title 34 RCW, Administrative law, under RCW 34.05.328 (5)(b)(ii) and (c), and not the definition of a significant rule under RCW 34.05.328 (5)(c)(iii).

The requirements for significant rule making do not apply to... "rules relating only to internal governmental operations that are not subject to violation by a nongovernmental party." Nor do they apply to a procedural rule such as "any policy statement pertaining to the consistent internal operations of an agency" or interpretive rule "...that sets forth the agency's interpretation of statutory provisions it administers."

Hearing Location: Natural Resources Building, Room 461, 1111 Washington Street S.E., Olympia, WA 98504, on March 13, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Lou Ann Dunlap-Gordon, 902-1061, by March 1, 2001, TDD 902-1156.

Submit Written Comments to: Dave Dietzman, DNR Rules Coordinator, P.O. Box 47015, Olympia, WA 98504-7015, fax (360) 902-1759, by March 13, 2001.

Date of Intended Adoption: March 13, 2001.

February 2, 2001

Doug Sutherland

Commissioner of Public Lands


AMENDATORY SECTION(Amending WSR 91-14-014, filed 6/24/91, effective 7/25/91)

WAC 332-10-020   Definition.   The following definitions shall apply in this chapter:

(1) "Public record" includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used or retained by the department regardless of physical form or characteristics. See RCW 42.17.020(26).

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents. See RCW 42.17.020(28).

(3) "Board" means the board of natural resources, a policy setting board whose six members serve in an ex officio capacity. The duties of the board are described in RCW 43.30.150.

(4) "Department" means the department of natural resources which is:

(a) A regulatory agency with regard to geology activities on state and privately owned land, and outdoor burning on state and privately owned forest land,

(b) A proprietary land management agency for state owned land under the jurisdiction of the department,

(c) A service and information repository agency regarding surveys and maps of the state, farm forestry advice and general geology information,

(d) An agency that administers and enforces state forest protection laws and the forest practices regulations of the forest practices board and the department of ecology on state and privately owned forest land.

(5) "Commissioner" means the commissioner of public lands who is an elected official and serves as the administrator of the department. The commissioner, in accordance with RCW 43.30.170, has delegated to the supervisor of the department the direct supervision of the department activities.

(6) "Supervisor" means one or more supervisor(s) of natural resources.

[Statutory Authority: RCW 34.05.220, 34.05.230 and 42.17.250. 91-14-014 (Order 574), 332-10-020, filed 6/24/91, effective 7/25/91; Order 262, 332-10-020, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 91-14-014, filed 6/24/91, effective 7/25/91)

WAC 332-10-040   Operations and procedures of the Department of Natural Resources.   (1) The legal authority for the department's activities is provided principally by:

(a) The State Enabling Act, Section Nos. 10 through 19;

(b) The state Constitution, Article Nos. III, XV, XVI, XVII and Amendment No. 15;

(c) The Revised Code of Washington, Title Nos. 43, 46, 58, 70, 76, 78, 79 and 84;

(d) The Washington Administrative Code, Title Nos. 222 and 332.

(2) The commissioner and the board acting under their respective legal authorities determine policy for the department. The supervisor of the department:

(a) Provides direct supervision over the department's activities.

(b) Implements department policy through a line-functional staff comprised of ((four deputy supervisors,)) several divisions((,)) and seven regional offices. The divisions develop operational programs and procedures within their respective specialties of resource management. These programs and procedures are carried out through the seven regional offices ((with the exception of the real estate and aquatic lands divisions)). ((These two divisions have a dual function in developing and carrying out their respective programs state-wide.))

[Statutory Authority: RCW 34.05.220, 34.05.230 and 42.17.250. 91-14-014 (Order 574), 332-10-040, filed 6/24/91, effective 7/25/91; Order 262, 332-10-040, filed 6/16/76.]

Washington State Code Reviser's Office