(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.
