The department recommends that a person aggrieved by the issuance, denial, conditioning, or modification of an HPA contact the department employee responsible for making the decision on the HPA before initiating an informal appeal. Discussion of concerns with the department employee often results in a resolution of the problem without the need for an informal appeal.
The department encourages aggrieved persons to take advantage of the informal appeal process before initiating a formal appeal. However, the informal appeal process is not mandatory, and a person may proceed directly to a formal appeal under WAC 220-110-350
(1) This rule does not apply to any provisions or conditions in pamphlet HPAs or supplemental approvals as defined in WAC 220-110-020
. A person who disagrees with a provision or condition in a pamphlet HPA or its supplemental approval may apply for an individual, written HPA.
(2) Any person with standing may request an informal appeal of the following department actions:
(a) The issuance, denial, conditioning, or modification of an HPA; or
(b) An order imposing civil penalties.
(3) A request for an informal appeal shall be in writing and shall be received by the department within thirty days from the date of receipt of the decision or order. "Date of receipt" means:
(a) Five business days after the date of mailing; or
(b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient's sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the department, shall constitute sufficient evidence of actual receipt. The date of actual receipt; however, may not exceed forty-five days from the date of mailing.
(4) A request for informal appeal shall be mailed to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way N., Olympia, Washington 98501-1091; e-mailed to HPAapplications@dfw.wa.gov; faxed to 360-902-2946; or hand-delivered to the Natural Resources Building, 1111 Washington Street S.E., Habitat Program, Fifth floor.
(5) The request shall be plainly labeled as "Request for Informal Appeal" and shall include the following:
(a) The appellant's name, address, e-mail address (if available), and phone number;
(b) The specific department action that the appellant contests;
(c) The date the department issued, denied, conditioned, or modified an HPA, or the date the department issued the order imposing civil penalties;
(d) The log number or a copy of the HPA, or a copy of the order imposing civil penalties;
(e) A short and plain statement explaining why the appellant considers the department action or order to provide inadequate protection of fish life or to be otherwise unlawful;
(f) A clear and concise statement of facts to explain the appellant's grounds for appeal;
(g) Whether the appellant is the permittee, HPA applicant, landowner, resident, or another person with an interest in the department action in question;
(h) The specific relief requested;
(i) The attorney's name, address, e-mail address (if available), and phone number, if the appellant is represented by legal counsel; and
(j) The signature of the appellant or his or her attorney.
(6) Upon receipt of a valid request for an informal appeal, the department may initiate a review of the department action. If the appellant agrees, and the appellant applied for the HPA, resolution of the appeal may be facilitated through an informal conference. The informal conference is an optional part of the informal appeal and is normally a discussion between the appellant, the department employee responsible for the decision, and a supervisor. The time period for the department to issue a decision on an informal appeal is suspended during the informal conference process.
(7) If a resolution is not reached through the informal conference process, the appellant is not the person who applied for the HPA, or the appeal involves an order imposing civil penalties, the HPA appeals coordinator or designee shall conduct an informal appeal hearing. Upon completion of the informal appeal hearing, the HPA appeals coordinator or designee shall recommend a decision to the director or designee. The director or designee shall approve or disapprove the recommended decision within sixty days of the date the department received the request for informal appeal, unless the appellant agrees to an extension of time. The department shall notify the appellant in writing of the decision of the director or designee.
(8) If the department declines to initiate an informal review of its action after receipt of a valid request, or the appellant still wishes to contest the department action following completion of the informal appeal process, the appellant may initiate a formal appeal under WAC 220-110-350
. Formal review must be requested within the time periods specified in WAC 220-110-350
[Statutory Authority: RCW 77.12.047 and 77.55.021. 10-19-051 (Order 10-242), § 220-110-340, filed 9/13/10, effective 10/14/10. Statutory Authority: RCW 77.55.091(2), 77.12.047, and 77.04.020. 09-02-017 (Order 08-318), § 220-110-340, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-340, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-340, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-340, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-340, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-340, filed 4/13/83.]