WSR 97-19-063

PERMANENT RULES

ENVIRONMENTAL HEARINGS OFFICE

(Shorelines Hearing Board)

[Filed September 15, 1997, 3:40 p.m.]

Date of Adoption: September 8, 1997.

Purpose: To conform rules to SHB 1314 and to clarify existing language of certain rules.

Citation of Existing Rules Affected by this Order: Amending WAC 461-08-310, 461-08-560, and 461-08-570.

Statutory Authority for Adoption: RCW 90.58.175 and SHB 1314.

Adopted under notice filed as WSR 97-15-057 on July 15, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 3, repealed 0.

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

September 12, 1997

Suzanne M. Skinner

Administrative Appeals Judge

AMENDATORY SECTION (Amending WSR 96-17-017, filed 8/12/96, effective 9/12/96)

WAC 461-08-310 Computation of time. (1) In computing any period of time prescribed or allowed by these rules or applicable statute, the day of the act after which the designated period of time begins to run is not to be included. The time within which any act shall be done, as provided by these rules, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a legal holiday, and then it is excluded and the next succeeding day which is neither a Saturday, Sunday nor a legal holiday is included. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(2) This section also pertains to the period for filing with the board any petition for review, petition for rule making, petition for declaratory ruling or any other adjudication which this chapter authorizes.

[Statutory Authority: RCW 90.58.175 and Den Beste v. Washington, No. 13967-1-III (Div. III, April 18, 1996). 96-17-017, 461-08-310, filed 8/12/96, effective 9/12/96.]

AMENDATORY SECTION (Amending WSR 96-15-002, filed 7/3/96, effective 8/3/96)

WAC 461-08-560 Deadline for the board to issue final decision((s)) on petitions for review of permitting decisions((,)). Waivers and extensions of deadline. (1) The board shall, pursuant to RCW 90.58.180, issue a final decision on ((appeals of permitting decisions pursuant to RCW 90.58.180 (1) and (2))) petitions for review arising out of the granting, denying or rescinding of a permit within one hundred eighty days of the ((date of filing with the board of the petition for review or the petition to intervene, whichever is later)) following:

(a) The date the petition for review is filed; or

(b) The date a motion to intervene is filed by the department or the attorney general, whichever is later.

(2) The parties may agree to waive the one hundred eighty-day deadline.

(3) The board may, on its own motion, extend the deadline for thirty days after determining that good cause exists for the extension.

[Statutory Authority: RCW 90.58.175. 96-15-002, 461-08-560, filed 7/3/96 effective 8/3/96.]

AMENDATORY SECTION (Amending WSR 96-15-002, filed 7/3/96, effective 8/3/96)

WAC 461-08-570 Time for filing petitions for ((judicial)) review to superior court. ((All appeals from orders of the board shall be to a superior court, unless the superior court certifies the order for direct review to the court of appeals or the court of appeals accepts a certificate of appealability issued by the board. In cases of appeal to superior court, and cases where certification to the court of appeals is sought, the appealing party shall file with the board and all parties of record a copy of the petition for judicial review to the 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 final order or decision. The petitioner shall file a copy of the petition for review to superior court with the board and 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.