Effective Date of Rule: Thirty-one days after filing.

     Purpose: Chapter 371-08 WAC was previously amended to conform to 2004 SSB 5590 and to make minor changes in the procedural rules of the pollution control hearings board (PCHB). The rule, as originally amended, failed to amend WAC 371-08-555. This rule governs appeal of PCHB decisions to superior court. An emergency rule was adopted (WSR 06-07-002) and is currently in effect making this change. This proposed rule will make the rules change permanent.

     Citation of Existing Rules Affected by this Order: Amending WAC 371-08-555.

     Statutory Authority for Adoption: RCW 43.21B.170 (PCHB rule-making authority); chapter 34.05 RCW.

     Other Authority: RCW 43.21B.190.

      Adopted under notice filed as WSR 06-03-050 on January 11, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 14, 2006.

William H. Lynch

Director

OTS-8480.1

AMENDATORY SECTION(Amending WSR 97-19-064, filed 9/15/97, effective 10/16/97)

WAC 371-08-555   Time for filing petitions for review to superior court.   An appeal of a final board order is called a petition for review. A petition for review must be filed with superior court within thirty days of the date ((that the board issues its)) of receipt of the final order or decision. The petitioner shall file a copy of the petition for review to superior court with the board and shall serve all parties of record. All appeals must first be filed in superior court even if direct review to the court of appeals will be sought.

[Statutory Authority: RCW 43.21B.170 and SHB 1314. 97-19-064, § 371-08-555, filed 9/15/97, effective 10/16/97. Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-555, filed 7/3/96, effective 8/3/96.]

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