WSR 02-06-009

PERMANENT RULES

SHORELINES HEARINGS BOARD


[ Filed February 22, 2002, 10:41 a.m. ]

Date of Adoption: February 21, 2002.

Purpose: The purpose of this amendment is to clarify who is the proper person or entity that should be served at local government.

Citation of Existing Rules Affected by this Order: Amending WAC 461-08-355.

Statutory Authority for Adoption: RCW 90.58.175.

Adopted under notice filed as WSR 01-20-021 on September 24, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 21, 2002

Robert V. Jensen

Chair

OTS-5503.1


AMENDATORY SECTION(Amending WSR 99-23-038, filed 11/12/99, effective 12/13/99)

WAC 461-08-355   Service of petitions for review with department and attorney general -- Intervention by the department and attorney general.   (1) For a petition pertaining to a local government's final decision on a permit, the petitioner shall serve a copy of the petition with the department, the attorney general and that local government within seven days of filing the petition with the board.

(2) Within fifteen days of the date of receipt of the petition for review described in subsection (1) of this section, the department or the attorney general may intervene in the case before the board to protect the public interest and to insure compliance with chapter 90.58 RCW. Nothing in WAC 461-08-345, setting a twenty-one day limit on when the department or the attorney general can directly file a petition for review, limits the right of the department or attorney general to intervene under this section in a board proceeding.

(3) Service on the local government shall be accomplished in one of the following ways:

(a) The petitioner shall serve local government as designated on the permit decision within seven days of filing the petition with the board; or

(b) The petitioner shall serve the department or office within the local government that issued the permit decision within seven days of filing the petition with the board; or

(c) The petitioner shall serve local government pursuant to RCW 4.28.080 within seven days of filing the petition with the board.

(4) When the petitioner is not the permit applicant, the petitioner shall serve the permit applicant with a copy of the petition for review.

(5) For purposes of this rule, service shall be the date of mailing.

(6) The board may dismiss a petition for review where there has not been substantial compliance with the filing and service requirements of RCW 90.58.180 and this rule. Substantial compliance will include actual notice of a petition for review.

[Statutory Authority: RCW 90.58.175. 99-23-038, 461-08-355, filed 11/12/99, effective 12/13/99; 96-15-002, 461-08-355, filed 7/3/96, effective 8/3/96.]

Washington State Code Reviser's Office