WSR 08-03-045

PERMANENT RULES

ENVIRONMENTAL HEARINGS OFFICE


[ Filed January 10, 2008, 1:14 p.m. , effective February 10, 2008 ]


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

Purpose: The purpose of the amendment to WAC 371-08-330 is to increase, from $5,000 to $15,000, the maximum amount of a penalty which can be reviewed by a single board member in a short-board appeal. This increase makes the rule consistent with the authorizing statute, RCW 43.21B.305, which was amended to allow a single board member to hear and decide an appeal of a penalty of $15,000 or less.

Citation of Existing Rules Affected by this Order: Amending WAC 371-08-330.

Statutory Authority for Adoption: Chapters 43.21B, 34.05 RCW, RCW 43.21B.305.

Adopted under notice filed as WSR 07-23-069 on November 19, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 10, 2008.

Kathleen D. Mix

Director of the

Environmental Hearings Office

Chair of the Pollution

Control Hearings Board

OTS-1201.1


AMENDATORY SECTION(Amending WSR 96-15-003, filed 7/3/96, effective 8/3/96)

WAC 371-08-330   Board decision making on appeals.   The number of board members required to make a decision on a case differs depending on the type of case.

(1) Short-board appeals. Pursuant to RCW 43.21B.305, ((cases)) an appeal that involves ((an appeal of)) a ((civil)) penalty of ((five)) fifteen thousand dollars or less imposed by the department of ecology, another state agency or an air pollution control authority may be heard by a single member of the board. Such ((cases)) appeals are called short-board appeals. The decision of that single member shall be the final decision of the entire board.

(2) Full-board appeals. All other types of appeals are called full-board appeals. The chairperson may assign a single member to hold the hearing in a full-board appeal; however, at least two members shall review the record and issue a decision. Two members of the board shall constitute a quorum for making a decision and may act although one position on the board is vacant or one board member is unavailable.

(3) Administrative appeals judges. For both full-board and short-board cases, the chairperson may appoint an administrative appeals judge from the environmental hearings office to be the presiding officer.

[Statutory Authority: RCW 43.21B.170. 96-15-003, 371-08-330, filed 7/3/96, effective 8/3/96.]

Washington State Code Reviser's Office