WSR 09-13-052

PROPOSED RULES

ENVIRONMENTAL HEARINGS OFFICE


[ Filed June 12, 2009, 9:00 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 461-08-330 Board decision making on appeals. WAC 461-08-330 is a procedural rule which establishes which appeals the shorelines hearings board will hear as short-board appeals. Short-board appeals are appeals heard by a three board member panel. The three board member panel must have at least one but not more than two members of the pollution control hearings board.

Hearing Location(s): Environmental Hearings Office, 4224 6th Avenue S.E., Building 2, Lacey, WA 98504-0903, on July 24, 2009, at 9:30 a.m.

Date of Intended Adoption: October 13, 2009.

Submit Written Comments to: Kay Brown, Environmental Hearings Office, 4224 6th Avenue S.E. Building 2, Lacey, WA 98504-0903, e-mail eho@eho.wa.gov, fax (360) 438-7699. Please submit comments by July 24, 2009.

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: The purpose of the amendment to WAC 461-08-330 is to incorporate the legislature's amendment to RCW 90.58.185 into the agency's rules. The amendment, contained in SB 6165 that was passed in the 2009 regular session, becomes effective July 25, 2009. It allows the chair of the hearings board to designate cases for review by a short-board panel.

Reasons Supporting Proposal: The legislature amended RCW 90.58.185 in the 2009 regular session to allow greater flexibility in utilizing short-board panels as a cost-saving measure.

Statutory Authority for Adoption: RCW 90.58.175, 90.58.185, chapter 34.05 RCW.

Statute Being Implemented: RCW 90.58.185.

Name of Proponent: Environmental hearings office, governmental.

Name of Agency Personnel Responsible for Drafting: Kay Brown, Environmental Hearings Office, (360) 459-6327; Implementation and Enforcement: Kathleen D. Mix, Environmental Hearings Office, (360) 459-6327.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No statement is required for adoption of rules because this rule amendment does not impose costs on businesses.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required because WAC 461-08-330 is a rule dealing with procedures for an agency hearing. See RCW 34.05.328 (5)(c)(i).

June 12, 2009

Kathleen D. Mix, Chair

Pollution Control Hearings Board

OTS-2411.1


AMENDATORY SECTION(Amending WSR 07-03-074, filed 1/17/07, effective 2/17/07)

WAC 461-08-330   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 90.58.185, petitions for review that involve a single-family residence or an appurtenance to a single-family residence, including a dock or pier for a single-family residence, and petitions for review involving a penalty of fifteen thousand dollars or less, may be heard by a panel of three board members. The chair of the hearings board may also designate other cases for review by a short-board appeal panel. In designating these cases, the chair shall consider factors such as the complexity and precedential nature of the case and the efficiency and cost-effectiveness of using a short board versus a full board. A short-board appeal panel must have at least one but not more than two members of the pollution control hearings board. Two members of the panel must agree to issue a final decision. The decision of the panel is the final decision of the full board.

(2) Full-board appeals. All other appeals are full-board appeals. Four members of the board constitute a quorum for making a decision and may act even if the other two members are unavailable or have not yet been appointed.

(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, 90.58.174, chapters 43.21B, 34.05, and 90.58 RCW. 07-03-074, 461-08-330, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW 90.58.175. 96-15-002, 461-08-330, filed 7/3/96, effective 8/3/96.]

Washington State Code Reviser's Office