WSR 01-07-049

PERMANENT RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Order 705 -- Filed March 16, 2001, 2:43 p.m. ]

Date of Adoption: March 16, 2001.

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.

Citation of Existing Rules Affected by this Order: Amending WAC 332-10-020 Definition and 332-10-040 Operations and procedures of the department of natural resources.

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

Adopted under notice filed as WSR 01-04-061 on February 5, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 16, 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