# WAC 25-48-041: WAC 25-48-041. Notice of violation—Penalties > Washington · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_041 ## Section - **Citation:** WAC 25-48-041 - **Heading:** WAC 25-48-041. Notice of violation—Penalties - **Jurisdiction:** Washington - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Administrative Code / Title 25 / Chapter 25-48 / Section 25-48-041 ## Text (1)(a) It is unlawful for any person to knowingly and willfully remove, alter, dig into, excavate or remove an archeological object or site or archeological resource without a permit required by RCW 27.53.060 . (b) It is unlawful for any person to knowingly and willfully fail to comply with the provisions of a permit issued by the state historic preservation officer under RCW 27.53.060 . (2) Pursuant to RCW 27.53.095 , the state archaeologist or the assistant state archaeologist may issue a notice of violation to any person who knowingly and willfully violates RCW 27.53.060 or the provisions of a permit issued under RCW 27.53.060 and this chapter. (3) The notice of violation shall impose a monetary penalty of five thousand dollars; provided, however, that the state archaeologist or the assistant state archaeologist may decrease the penalty for the first or second violation upon a determination, supported by specific findings, that the circumstances of the violation warrant a lesser penalty than the statutory maximum. This determination shall be based on the factors set out in WAC 25-48-044 . The monetary penalty for any subsequent violation will be five thousand dollars. (4) In addition to any civil penalty imposed under this section, the notice of violation also shall require the respondent to pay the following costs, as determined under WAC 25-48-043 : (a) Reasonable investigative costs incurred by a mutually agreed upon independent professional archaeologist investigating the alleged violation; and lty for any subsequent violation will be five thousand dollars. (4) In addition to any civil penalty imposed under this section, the notice of violation also shall require the respondent to pay the following costs, as determined under WAC 25-48-043 : (a) Reasonable investigative costs incurred by a mutually agreed upon independent professional archaeologist investigating the alleged violation; and (b) Reasonable site restoration costs. (5) The notice of violation shall set forth the conduct determined to violate RCW 27.53.060 or a permit issued thereunder, the damage for which restoration is required, the amount of civil penalty assessed, and, if appropriate, the findings warranting a lesser penalty than the statutory maximum. If the reasonable investigative costs incurred by a mutually agreed upon independent professional archaeologist investigating the alleged violation and the reasonable site restoration costs have been determined, they shall be set forth in the notice of violation; if those costs are determined after the notice of violation has been issued, those costs may be levied against the respondent by a later addendum to the notice of violation or in a final order following an adjudicative proceeding. (6) The notice of violation shall inform the respondent of its right to request a hearing to contest the notice of violation. (7) In addition to, and/or independent of any civil penalty imposed under this section, the state archaeologist or the assistant state archaeologist may refer any alleged violation to any federal, state, or county authority with jurisdiction over the act or acts alleged to constitute the violation. ## Nearby sections - [WAC 25-48-010 WAC 25-48-010. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_010.md) - [WAC 25-48-020 WAC 25-48-020. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_020.md) - [WAC 25-48-030 WAC 25-48-030. Scope and coverage of this chapter](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_030.md) - [WAC 25-48-035 WAC 25-48-035. Delegation to state archaeologist and assistant state archaeologist](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_035.md) - [WAC 25-48-040 WAC 25-48-040. Agency policy](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_040.md) - [WAC 25-48-041 WAC 25-48-041. Notice of violation—Penalties](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_041.md) - [WAC 25-48-043 WAC 25-48-043. Procedure for selecting a mutually agreed upon independent professional archaeologist investigator and for determining site restoration costs](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_043.md) - [WAC 25-48-044 WAC 25-48-044. Penalties—Adjustments](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_044.md) - [WAC 25-48-050 WAC 25-48-050. Application requirements and forms](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_050.md) - [WAC 25-48-060 WAC 25-48-060. Summary of information required of an applicant](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_060.md) - [WAC 25-48-070 WAC 25-48-070. Notification to Indian tribes](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_070.md) - [WAC 25-48-080 WAC 25-48-080. Public notice](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_080.md) - [WAC 25-48-085 WAC 25-48-085. Applications for excavation and removal of previously registered shipwrecks and historic aircraft](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_085.md) - [WAC 25-48-090 WAC 25-48-090. Issuance of permit](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_090.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_25_48_041. Check the current official text before relying on it. Not legal advice.