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Board of Natural Resources declines review of Lake Union Cooperative aquatic rent appeal
Summary
The Board of Natural Resources voted to decline Lake Union Cooperative's petition for administrative review of an aquatic lease rent determination, leaving the rental dispute appeals officer's decision in place and noting the lessee may still pursue a superior-court appeal.
The Board of Natural Resources voted on July 7 to decline a petition from Lake Union Cooperative asking the board to review a department determination of aquatic lease rent.
Assistant Attorney General Tara Moulden explained the multi-tiered administrative process for aquatic rent disputes and said the board has discretion to accept or decline review. "If the board declines to accept review, then the decision of the rental dispute appeals officer becomes the final decision of the board and the department," Moulden told the board.
Board members discussed the matter briefly and cited the completed internal reviews by the rental dispute officer and the rental dispute appeals officer. Board member Chris Reykdal moved to reject the petition of review; the motion carried. The board’s action leaves the appeals officer’s decision in place and preserves the lessee’s option to seek relief in superior court.
Why it matters: the decision resolves the administrative path for this lease rent dispute without the board conducting new fact-finding. The board heard arguments that its role at this stage is discretionary and that the administrative record and available court review provide continued avenues for the lessee.
Next steps: the lessee may appeal the administrative outcome to superior court; the board took no substantive action altering the charged rent.
