Z-0469.1  _______________________________________________

                          HOUSE BILL 1869

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Carrell and Constantine; by request of Environmental Hearings Office

Read first time 02/09/1999.  Referred to Committee on Judiciary.

Providing procedures for discipline and termination of administrative appeals judges in the environmental hearings office.

    AN ACT Relating to administrative appeals judges in the environmental hearings office; and amending RCW 43.21B.005.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 43.21B.005 and 1990 c 65 s 1 are each amended to read as follows:

(1) There is created an environmental hearings office of the state of Washington.  The environmental hearings office shall consist of the pollution control hearings board created in RCW 43.21B.010, the forest practices appeals board created in RCW 76.09.210, the shorelines hearings board created in RCW 90.58.170, and the hydraulic appeals board created in RCW 75.20.130.  The chairman of the pollution control hearings board shall be the chief executive officer of the environmental hearings office.  Membership, powers, functions, and duties of the pollution control hearings board, the forest practices appeals board, the shorelines hearings board, and the hydraulic appeals board shall be as provided by law.

(2) The chief executive officer of the environmental hearings office may appoint an administrative appeals judge who shall possess the powers and duties conferred by the administrative procedure act, chapter 34.05 RCW, in cases before the boards comprising the office.  The administrative appeals judge shall have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in the state of Washington.  Additional administrative appeals judges may also be appointed by the chief executive officer on the same terms.  Administrative appeals judges shall not be subject to chapter 41.06 RCW.

(3) The administrative appeals judges appointed under subsection (2) of this section are subject to discipline and termination, for cause, by the chief executive officer.  Upon written request by the person so disciplined or terminated, the chief executive officer shall state the reasons for such action in writing.  The person affected has a right of review by the superior court of Thurston county on petition for reinstatement or other remedy filed within thirty days of receipt of such written reasons.

(4) The chief executive officer may appoint, discharge, and fix the compensation of such administrative or clerical staff as may be necessary.

(5) The chief executive officer may also contract for required services.

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