Current through Register Vol. 24-18, September 15, 2024
This section shall not apply to port districts
managing aquatic lands under a management agreement (WAC
332-30-114) .
(1)
Eligibility to request
review. Any lessee or applicant to lease or release
state-owned aquatic lands may request review of any rent proposed to
be charged by the department.
(2)
Dispute officers.
The manager of the marine lands division will be the rental
dispute officer (RDO). The supervisor of the department, or his
designee, will be the rental dispute appeals officer
(RDAO).
(3)
Submittals. A request for review of the rent (an
original and two copies) shall be submitted within thirty days of
notification by the department of the rent due from the
lessee/applicant. The request for review shall contain sufficient
information for the officers to make a decision on the
appropriateness of the rent initially determined by the department.
The burden of proof for showing that the rent is incorrect shall rest
with the lessee/applicant.
(4)
Rental due. The
request for review shall be accompanied by one year's rent payment
based on the preceding year's rate, or a portion thereof as
determined by
RCW 79.105.340; or based
on the rate proposed by the department, or a portion thereof as
determined by
RCW 79.105.340,
whichever is less. The applicant shall pay any additional rent or be
entitled to a refund, with interest, within thirty days after
completion of the review process provided in this section.
(5)
Contents of request.
The request for review shall state what the lessee/applicant
believes the rent should be and shall contain, at the minimum, all
necessary documentation to justify the lessee/applicant's position.
This information shall include but not be limited to:
(a)
Rationale. Why the
rent established by the department is inappropriate. The supporting
documentation for nonwater-dependent leases may include appraisals by
professionally accredited appraisers.
(b)
Lease information.
A description of state-owned aquatic land under lease which
shall include, but not be limited to:
(i) Lease or application
number;
(ii) Map showing
location of lease or proposed lease;
(iii) Legal description of lease
area including area of lease;
(iv) The permitted or intended use
on the leasehold; and
(v)
The actual or current use on the leasehold premises.
(c)
Substitute
upland parcel. A lessee/applicant whose lease rent is
determined according to
RCW 79.105.240
(water-dependent leases) and who disputes the choice of the upland
parcel as provided by WAC
332-30-123, shall
indicate the upland parcel that should be substituted in the rental
determination and shall provide the following information on the
parcel:
(i) The county parcel
number;
(ii) Its assessed
value;
(iii) Its area in
square feet or acres;
(iv) A map showing the location of
the parcel; and
(v) A
statement indicating the land use on the parcel and justifying why
the parcel should be substituted.
(6)
RDO review.
(a) The RDO shall evaluate the
request for review within fifteen days of filing to determine if any
further support materials are needed from the lessee/applicant or the
department.
(b) The
lessee/applicant or the department shall provide any needed materials
to the RDO within thirty days of receiving a request from the
RDO.
(c) The RDO may, at
any time during the review, order a conference between the
lessee/applicant and department staff to try to settle the rent
dispute.
(d) The RDO
shall issue a decision within sixty days of filing of the request.
Such decision shall contain findings of fact for the decision. If a
decision cannot be issued within that time, the lessee/applicant's
request will automatically be granted and the rent proposed by the
lessee/applicant will be the rent for the lease until the next rent
revaluation; provided that, the RDO may extend the review period for
one sixty-day period.
(7)
RDAO review.
(a) The lessee/applicant may submit
a petition within thirty days to the rental dispute appeals officer
(RDAO) for review of that decision.
(b) If the RDAO declines to review
the petition on the decision of the RDO, the RDO's decision shall be
the final decision of the RDAO.
(c) If the RDAO consents to review
the decision, the review may only consider the factual record before
the RDO and the written findings and decision of the RDO. The RDAO
shall issue a decision on the petition containing written findings
within sixty days of the filing of the petition. The RDAO may extend
the review period for one sixty-day period. This decision shall be
the RDAO's final decision. This decision shall be the RDAO's final
decision.
(8)
Board review.
(a) The
lessee/applicant may submit a petition within thirty days to the
board of natural resources (board) for review of the RDAO
decision.
(b) If the
board declines to review the petition, the RDAO decision shall be the
final decision of the board.
(c) If the board decides to review
the petition, the department and the lessee/applicant shall present
written statements on the final decision of the RDAO within thirty
days of the decision to review. The board may request oral statements
from the lessee/applicant or the department if the board decides a
decision cannot be made solely on the written statements.
(d) The board shall issue a
decision on the petition within ninety days of the filing of the
written statements by the lessee/applicant and the
department.
Statutory Authority:
RCW 79.105.360,
79.105.320. 06-18-082,
§ 332-30-128, filed 9/5/06, effective 10/6/06. Statutory
Authority:
RCW 79.105.360.
06-06-005 (Order 724), § 332-30-128, filed 2/16/06, effective
3/19/06. Statutory Authority: RCW 79.90.520. 06-01-075 (Resolution
No. 1186), § 332-30-128, filed 12/20/05, effective 1/20/06.
Statutory Authority: RCW 79.90.105, 79.90.300, 79.90.455, 79.90.460,
79.90.470, 79.90.475, 79.90.520, 79.68.010, 79.68.68 [79.68.080], and
chapter 79.93 RCW. 85-22-066 (Resolution No. 500), § 332-30-128,
filed 11/5/85.
