Revised Code of Washington
Chapter 77.135 - Invasive Species.
77.135.140 - Person aggrieved or adversely affected by department's action—Hearing.

RCW 77.135.140
Person aggrieved or adversely affected by department's action—Hearing.

(1) A person aggrieved or adversely affected by a quarantine declaration under RCW 77.135.050, a rapid response management action under RCW 77.135.060, an infested site management action under RCW 77.135.070, or a decontamination order under RCW 77.135.130 may contest the validity of the department's actions by requesting a hearing in writing within twenty days of the department's actions.
(2) Hearings must be conducted pursuant to chapter 34.05 RCW and the burden of demonstrating the invalidity of agency action is on the party asserting invalidity. The hearing may be conducted by the director or the director's designee and may occur telephonically.
(3) A hearing on a decontamination order is limited to the issues of whether decontamination was necessary and the reasonableness of costs assessed for any seizure, transportation, and decontamination. If the person in possession of the aquatic conveyance that was decontaminated prevails at the hearing, the person is entitled to reimbursement by the department for any costs assessed by the department or decontamination station operator for the seizure, transportation, and decontamination. If the department prevails at the hearing, the department is not responsible for and may not reimburse any costs.

[ 2014 c 202 § 116.]
NOTES:

Findings—2014 c 202: See note following RCW 77.135.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 77 - Fish and Wildlife

Chapter 77.135 - Invasive Species.

77.135.010 - Definitions.

77.135.020 - Department is lead agency for managing invasive species—Responsibilities—Limitation of chapter.

77.135.030 - Classification of species—Rules.

77.135.040 - Prohibited and regulated species—Required authorization.

77.135.050 - Department-declared quarantine.

77.135.060 - Rapid response management actions.

77.135.070 - Infested site management actions.

77.135.080 - Implementation of department's duties—Department is lead agency—Notice.

77.135.090 - Emergency measures.

77.135.100 - Aquatic conveyance—Certificate of inspection—Adoption of rules.

77.135.110 - Aquatic conveyance—Clean and drain requirements—Enforcement—Adoption of rules.

77.135.120 - Mandatory check stations.

77.135.130 - Decontamination order.

77.135.140 - Person aggrieved or adversely affected by department's action—Hearing.

77.135.150 - Aquatic conveyance inspection and decontamination stations—Adoption of rules.

77.135.160 - Department-authorized representatives—Adoption of rules—Fee schedule.

77.135.170 - Department's authority to enter upon property/water body—Notification—Application, issuance of warrant.

77.135.180 - Chapter must be liberally construed.

77.135.200 - Aquatic invasive species management account.

77.135.210 - Aquatic invasive species prevention permit—Operators of vessels and aquatic conveyances.

77.135.220 - Aquatic invasive species prevention permits—Commercial transporters and aquatic conveyances.

77.135.230 - Aquatic invasive species prevention permit—Fee—Exempt vessels.

77.135.240 - Aquatic invasive species local management grant program.