Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-23-089.

     Title of Rule and Other Identifying Information: Procedural rules for hearings before the pollution control hearings board (PCHB).

     Hearing Location(s): Environmental Hearings Office Hearing Room, 4224 6th Avenue S.E., Building 2, Lacey, WA 98504-0903, on Tuesday, February 21, 2006, at 11:00 a.m.

     Date of Intended Adoption: March 14, 2006.

     Submit Written Comments to: Bill Lynch, Environmental Hearings Office, 4224 6th Avenue S.E., Building 2, Lacey, WA 40903 [98504], e-mail eho@eho.wa.gov, fax (360) 438-7699, by February 21, 2006.

     Assistance for Persons with Disabilities: Contact Robyn Bryant by phone at (360) 459-6327.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 371-08 WAC was previously amended to conform to 2004 SSB 5590 and to make minor changes in the procedural rules of the 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 05-23-007) and is currently in effect making this change. This proposed rule will make the rule change permanent.

     Statutory Authority for Adoption: RCW 43.21B.170 (PCHB rule-making authority), 34.05.360.

     Statute Being Implemented: Chapter 43.21B RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The passage of SSB 5590 requires the EHO to modify the procedural rules of the PCHB so that implementing rules are consistent with the legislation.

     Name of Proponent: Environmental hearings office, governmental.

     Name of Agency Personnel Responsible for Drafting: Kay Brown, 4224 6th Avenue S.E., Building 2, Lacey, WA 98504-0903, (360) 459-6327; Implementation and Enforcement: Robyn Bryant, 4224 6th Avenue S.E., Building 2, Lacey, WA 98504-0903, (360) 459-6327.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule is procedural in nature and does not place new requirements on those it may affect.

     A cost-benefit analysis is not required under RCW 34.05.328. The environmental hearings office is not a named agency in RCW 34.05.328.

January 9, 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.]