(1) Any person
desiring clarification or interpretation and/or application of the rules in
this chapter shall submit a request in writing to the chief inspector upon the
"chief inspector clarification and interpretation request form." The chief
inspector shall issue a written decision responding to such a
request.
(2) Any person who
disputes the interpretation and/or application of the rule(s) by the chief
inspector may ask the board of boiler rules (board) for its interpretation.
Such requests must:
(a) Be submitted in
writing to the board upon the "board of boiler rules interpretation and
revision request form";
(b) Be
received by the secretary to the board (the chief inspector) within thirty days
after the date on which the chief inspector's written decision was served on
the person making the request; and
(c) Be received by the secretary at least
forty-five days before the board meeting date for inclusion at the next
regularly scheduled board meeting. Otherwise, the request will be heard and
considered at the following board meeting.
At the meeting, the board will affirm, modify or revoke the
department's interpretation and a written order reflecting the board's decision
will be issued by the chair.
(3) A party may seek judicial review of a
final order of the board within thirty days after service of the order, in
accordance with
RCW
34.05.542.
(4) Any person, firm, partnership,
corporation, or other entity wishing to appeal a penalty issued under
chapter
70.79 RCW or this chapter
must file a written notice of appeal with the chief boiler inspector within
twenty days after the date on which the notice of the penalty was served on the
assessed party. In the hearing of the appeal, the department has the burden of
proof by a preponderance of the evidence. At the hearing, the board will decide
the appropriateness of the penalty and may either affirm, modify or overturn
the assessment. The parties shall prepare and submit an order reflecting the
board's decision to the chair of the board.
(5) Except as provided in
chapter
70.79 RCW and this
chapter, all proceedings before the board and the courts will be conducted
according to
chapter
34.05 RCW, Administrative
Procedure Act and chapter
10-08 WAC, Model rules of procedure.
