(1) Any aggrieved person may appeal the district’s threshold determination or the determination of EIS adequacy by filing a notice of appeal with the manager of the district. The notice of appeal shall be sufficiently detailed so as to provide reasonable notice to the district of (a) how the person or his/her property is adversely affected by the proposal, (b) any new facts which would be important to and affect the determination, and (c) the reasons why the determination was incorrect. The notice of appeal shall be accompanied by a filing fee of $50.00.

(2) The threshold determination and the EIS adequacy may each be appealed only once. Such limitation does not apply to appeals to the board of commissioners under RCW 43.21C.060 (or another state statute) as to administrative appeals before another agency.

(3) Any appeal of a threshold determination shall be filed within 15 days of the date of that determination or of the date whenever any required notice is made, whichever is later; provided, that if there is any state statutory requirements for appeals to the district, the time limits for filing appeals specified therein shall control. An appeal of a threshold determination may not be postponed until a decision is made on the proposal, but shall be made within the time limits provided here or thereafter be barred.

(4) Any appeal of EIS adequacy shall be filed within 15 days of date of an agency’s final decision on a proposed action or the date whenever any required notice thereof is made, whichever is later; provided, that if there is any state statutory requirements for appeals to the district, the time limits for filing appeals specified therein shall control.

(5) Any appeal which is timely filed shall be scheduled for a hearing before the board of commissioners no later than 30 days after filing of the appeal. The hearing shall be electronically recorded, be conducted on the record consistent with applicable law, provide for testimony under oath and otherwise be in accord with applicable law. Within 10 days of the conclusions of the hearing, the board shall render its decision accompanied by appropriate findings of fact and conclusions of law.

(6) The procedural determinations made by the responsible official shall be entitled to substantial weight in any appeal.

(7) No person having a right to judicial appeal shall pursue judicial review without having first used this administrative appeal process prior to seeking judicial review, unless expressly provided otherwise by state statute. [Res. 379 § 9, 1982.]