WSR 08-16-089

PROPOSED RULES

GROWTH MANAGEMENT

HEARINGS BOARDS

[ Filed August 4, 2008, 1:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-04-016.

Title of Rule and Other Identifying Information: Chapter 242-02 WAC, Practice and procedure before the growth management hearings boards; addition of new section WAC 242-02-075 Special meeting.

Hearing Location(s): Eastern Washington Growth Management Hearings Board, 15 West Yakima, Suite 102, Yakima, WA 98902, on October 2, 2008, at 12:00 p.m.

Date of Intended Adoption: October 2, 2008.

Submit Written Comments to: Julie K. Ainsworth-Taylor, Growth Management Hearings Board, 800 Fifth Avenue, Suite 2356, Seattle, WA 98104, e-mail Juliet@cps.gmhb.wa.gov, fax (206) 389-2588, by September 15, 2008.

Assistance for Persons with Disabilities: Contact Angie Andreas by September 26, 2008, e-mail AAndreas@EW.GMHB.WA.GOV, or (509) 574-6960.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 36.70A.270(9) provides for an annual meeting of the three hearings boards. WAC 242-02-076 provides that this annual meeting shall occur in October and additionally provides for a semi-annual meeting in April. The boards have determined that matters may arise which require a joint meeting of the boards in addition to meetings currently addressed in the RCW and WAC to address special matters.

Reasons Supporting Proposal: The adoption of a special meetings rule would address the growth management hearings boards need to be able to conduct business, as necessary, by the joint boards at other times in the year beside those times set forth in RCW 36.70A.270(9) and WAC 242-02-076.

Statutory Authority for Adoption: RCW 36.70A.270(7).

Statute Being Implemented: Chapter 36.70A RCW.

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

Name of Proponent: Rules committee, joint growth management hearings boards, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Julie K. Ainsworth-Taylor, Rules Coordinator, Growth Management Hearings Boards, 800 Fifth Avenue, Suite 2356, Seattle, WA 98014, (206) 389-2625, (425) 441-8250.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule changes only apply to practice and procedure before quasi-judicial boards, the growth management hearings boards.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule changes only apply to practice and procedure before quasi-judicial boards, the growth management hearings boards.

James J. McNamara

Chair - Rules Committee

OTS-1791.1


NEW SECTION
WAC 242-02-075   Special meeting.   (1) A special meeting of the joint boards may be called at the request of any three of the nine board members. To call a special meeting, a written notice of the meeting shall be posted on the boards' web site and personally e-mailed to:

(a) Each member of the boards; and

(b) Each general circulation newspaper, television or radio station which has on file with the boards a written request to be notified of special meetings.

(2) The written notice shall state the date and time of the meeting, and shall specify the business to be transacted by the boards. The boards will not take final action on any matter that is not specified in the written notice.

(3) Notices of special meetings shall be sent by e-mail:

(a) Ten days before the scheduled meeting; except

(b) When a special meeting is called to consider rule changes pursuant to chapter 34.05 RCW, the notice shall be sent at least twenty days prior to the meeting; and except

(c) In the event of an emergency requiring board action, the notice and timing requirements may be waived as provided in RCW 42.30.080.

(4) The special meeting shall be chaired by one of the board members who called the meeting.

(5) A special meeting may be held by telephone conference call.

(6) Two members of each board will constitute a quorum for a special meeting.

(7) Members of the public may attend a special meeting by appearing at any of the three board offices, or the location of the special meeting, at the date and time set for the meeting.

[]

Washington State Code Reviser's Office