WSR 02-06-014

PERMANENT RULES

HYDRAULIC APPEALS BOARD


[ Filed February 22, 2002, 10:44 a.m. ]

Date of Adoption: February 21, 2002.

Purpose: The purpose of the rule is remove and replace outdated statutory and agency references.

Citation of Existing Rules Affected by this Order: Amending WAC 259-04-010, 259-04-050, and 259-04-070.

Statutory Authority for Adoption: RCW 77.55.170(3).

Adopted under notice filed as WSR 01-20-016 on September 24, 2001.

Changes Other than Editing from Proposed to Adopted Version: Changes proposed to WAC 259-04-010 included removing the following unnecessary language from subsection (1), "whose action or decision is under appeal." Subsection (2) was reworked so that it was clear that the off-site mitigation referenced only applies to RCW 77.55.200. Lastly, the statutory reference contained in subsection (3) was changed from RCW 77.55.170(5) to "chapter 77.55 RCW." None of these changes substantially change the proposed amendments but are clarifying changes only. No changes were made to WAC 259-04-050 or 259-04-070.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Hedia Adelsman

Chair

OTS-5263.2


AMENDATORY SECTION(Amending Order 1, filed 3/2/89)

WAC 259-04-010   Membership -- Function and jurisdiction of the hydraulic appeals board.   (1) The hydraulic appeals board (hereinafter board) shall consist of three members: The director of the department of ecology or designee, the director of the department of agriculture or designee, and the director or the director's designee of the department of ((fisheries or department of)) fish and wildlife ((whose action or decision is under appeal)).

(2) The function of this board is to provide an expeditious and efficient disposition of appeals from the decisions and orders of the department of ((fisheries or the department of)) fish and wildlife with respect to hydraulic projects specified in RCW ((75.20.103)) 77.55.110, 77.55.230, 77.55.290 and off-site mitigation plans specified in RCW 77.55.230.

(3) The board shall have exclusive jurisdiction to hear and decide formal appeals from any person aggrieved by any final decision issued by the department of ((fisheries or department of)) fish and wildlife with respect to any approval, denial, conditioning, or modification of any hydraulic((s)) project ((application or)) approval ((specified)) as referenced in RCW ((75.20.103 or the denial of application for the modification of any approval issued pursuant to that section)) 77.55.110, 77.55.200 and/or 77.55.290. The board also has jurisdiction to hear and decide appeals from any person aggrieved by a denial or conditioning of an off-site mitigation proposal specified in RCW 77.55.230.

(4) This chapter is intended to be general and informational only, and failure herein to list matters over which the board has jurisdiction at law shall not constitute any waiver or withdrawal whatsoever from such jurisdiction as conferred upon this board by ((RCW 75.20.103)) chapter 77.55 RCW as currently written or as may be hereafter amended.

[Statutory Authority: RCW 75.20.130. 89-07-003 (Order 1), 259-04-010, filed 3/2/89.]


AMENDATORY SECTION(Amending Order 1, filed 3/2/89)

WAC 259-04-050   Board administration -- Communications with the board.   All written communications by parties pertaining to a formal appeal((, including requests for hearings on claimed violations of rules and regulations as provided in RCW 75.20.140, notices of appeal from orders and decisions of the relevant department approving, denying, conditioning or modifying any hydraulics project application or approval specified in RCW 75.20.103, or the denial of any application for the modification of such approval issued pursuant to that section; and all other applications and requests for relief authorized by that section)) with the hydraulic appeals board shall be filed with the board at its principal office in Lacey, Washington. Requests for hearings must be received within thirty days from the date of ((denial of a hydraulic project approval, issuance of an approval with contested conditions, or denial of application for modification of an approval)) issuance of the decision being appealed. Copies of all such written communications shall be furnished to the ((relevant department or other appropriate agency)) department of fish and wildlife and to all other interested parties or their representatives of record, and the original filed with the board shall show thereon compliance with this requirement.

[Statutory Authority: RCW 75.20.130. 89-07-003 (Order 1), 259-04-050, filed 3/2/89.]


AMENDATORY SECTION(Amending Order 1, filed 3/2/89)

WAC 259-04-070   Authority.   These rules are promulgated pursuant to RCW ((75.20.130)) 77.55.170 and are intended to administratively implement RCW ((75.20.103, 75.20.130, and 75.20.140)) 77.55.110, 77.55.170, 77.55.200, 77.55.230, and 77.55.290.

[Statutory Authority: RCW 75.20.130. 89-07-003 (Order 1), 259-04-070, filed 3/2/89.]

Washington State Code Reviser's Office