The department shall establish:

Terms Used In Washington Code 77.36.120

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
(1) The form of affidavits or proof required to accompany all claims under this chapter;
(2) The process, time, and methods used to identify and assess damage, including the anticipated timeline for the initiation and conclusion of department action;
(3) How claims will be prioritized when available funds for reimbursement are limited;
(4) Timelines after the discovery of damage by which an owner must file a claim or notify the department;
(5) Protocols for an owner to follow if the owner wishes to undertake activities that would complicate the determination of damages, such as harvesting damaged crops;
(6) The process for determining damage assessments, including the role and selection of professional damage assessors and the responsibility for reimbursing third-party assessors for their services;
(7) Timelines for a claimant to accept, reject, or appeal a determination made by the department;
(8) The identification of instances when an owner would be ineligible for compensation;
(9) An appeals process for an owner eligible for compensation under RCW 77.36.100 who is denied a claim or feels the compensation is insufficient; and
(10) Other policies necessary for administering this chapter.

NOTES:

Effective dateApplication2009 c 333 §§ 53-66: See notes following RCW 77.36.010.