Timing of review.

RCW 70A.305.070
in effect
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The department's investigative and remedial decisions under RCW 70A.305.030 and 70A.305.050 , its decisions regarding filing a lien under RCW 70A.305.060 , and its decisions regarding liable persons under RCW 70A.305.020 , 70A.305.040 , 70A.305.050 , and 70A.305.060 shall be reviewable exclusively in superior court and only at the following times: (1) In a cost recovery suit under RCW 70A.305.050 (3); (2) in a suit by the department to enforce an order or an agreed order, or seek a civil penalty under this chapter; (3) in a suit for reimbursement under RCW 70A.305.050 (2); (4) in a suit by the department to compel investigative or remedial action; (5) in a citizen's suit under RCW 70A.305.050 (5); and (6) in a suit for removal or reduction of a lien under RCW 70A.305.050 (7). Except in suits for reduction or removal of a lien under RCW 70A.305.050 (7), the court shall uphold the department's actions unless they were arbitrary and capricious. In suits for reduction or removal of a lien under RCW 70A.305.050 (7), the court shall review such suits pursuant to the standards set forth in RCW 70A.305.050 (7). The department's investigative and remedial decisions under RCW 70A.305.030 and 70A.305.050 , its decisions regarding filing a lien under RCW 70A.305.060 , and its decisions regarding liable persons under RCW 70A.305.020 , 70A.305.040 , 70A.305.050 , and 70A.305.060 shall be reviewable exclusively in superior court and only at the following times: (1) In a cost recovery suit under RCW 70A.305.050 (3); (2) in a suit by the department to enforce an order or an agreed order, or seek a civil penalty under this chapter; (3) in a suit for reimbursement under RCW 70A.305.050 (2); (4) in a suit by the department to compel investigative or remedial action; (5) in a citizen's suit under RCW 70A.305.050 (5); and (6) in a suit for removal or reduction of a lien under RCW 70A.305.050 (7). Except in suits for reduction or removal of a lien under RCW 70A.305.050 (7), the court shall uphold the department's actions unless they were arbitrary and capricious. In suits for reduction or removal of a lien under RCW 70A.305.050 (7), the court shall review such suits pursuant to the standards set forth in RCW 70A.305.050 (7).
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=70A.305&full=trueFetched: 6/29/2026

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