WSR 09-15-157

EXPEDITED RULES

GROWTH MANAGEMENT

HEARINGS BOARDS

[ Filed July 21, 2009, 12:07 p.m. ]

Title of Rule and Other Identifying Information: Chapter 242-02 WAC, Practice and procedures, WAC 242-02-070, 242-02-074, and 242-02-075.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Julie Ainsworth-Taylor, Rules Coordinator, Office of the Growth Management Hearings Boards, P.O. Box 40953, Olympia, WA 98504-0953, e-mail Juliet@cps.gmhb.wa.gov , AND RECEIVED BY no later than 5 p.m. on September 30, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose of these amendments is to permanently amend certain sections of chapter 242-02 WAC which relate to an emergency rule-making order published in WSR 09-13-017. These amended sections reflect the consolidation of the administrative functions of the three growth management hearings boards into a single office. Amendments are needed to provide facilitated administrative functions and are related to internal operations of the boards.

(1) Modifying quorum voting procedures for administrative business of the growth management hearings boards.

(2) Update location information for regular meetings of individual growth management hearings boards.

(3) Modifying the notification period for a special meeting of the boards.

Reasons Supporting Proposal: These amendments implement the requirements or reductions in appropriations enacted with the recently adopted budget for upcoming fiscal year. The legislature's biennium appropriate [appropriation] reflects an approximate 16% reduction in the boards' budget, with budget notes specifically contemplating the consolidation of the boards into a single location. The boards' rules of practice and procedures must be amended to reflect this consolidation and create needed efficiency along with clarification for potential parties and the public. Amendments are needed to update procedures related to administrative decisions and meetings (regular and special) of the growth management hearings boards. (Exempt from CR-101 requirement based on RCW 34.05.310 (4)(b), (d), filed under CR-105 based on RCW 34.05.353 (a) and (c)).

Statutory Authority for Adoption: RCW 36.70.270(7).

Statute Being Implemented: Chapter 36.70A RCW.

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

Name of Proponent: Growth management hearings boards (Eastern, Western, and Central Puget Sound), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Julie Ainsworth-Taylor, P.O. Box 40953, Olympia, WA 98504-0953, (425) 441-8250.

July 21, 2009

James J. McNamara

Chair, Rules Committee


AMENDATORY SECTION(Amending WSR 03-15-047, filed 7/11/03, effective 8/11/03)

WAC 242-02-070   Quorum.   (1) Joint boards. For the purpose of adopting, amending, or repealing these rules or transacting other administrative business, at least two members of each board ((must concur)) shall constitute a quorum of the joint boards. A quorum being present, any action may be taken upon the vote of the majority of the joint board members.

(2) Individual board. For purposes of making orders or decisions or transacting other official administrative business for an individual board, two members of a board shall constitute a quorum and may act even though one position on the board is vacant. One member or designated hearing examiner may hold hearings and take testimony. The findings of such member or hearing examiner shall not become final until approved by a majority of the board. A board member who does not attend a hearing shall review a transcript or recording of the hearing before signing the decision.

[Statutory Authority: RCW 36.70A.270(7). 03-15-047, 242-02-070, filed 7/11/03, effective 8/11/03; 97-04-008, 242-02-070, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-02-070, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 08-10-029, filed 4/28/08, effective 5/29/08)

WAC 242-02-074   Regular meetings.   (1) Regular meetings of each board will be held at ((its principal)) the office of the growth management hearings boards, or a designated location at the following times:

(a) Eastern Washington board - on the first Wednesday of each month at 10:00 a.m. or following any scheduled hearing on that date.

(b) Western Washington board - on the second Wednesday of each month at 11:00 a.m. or following any scheduled hearing on that date.

(c) Central Puget Sound board - on the first Monday of each month at 10:00 a.m. or following any scheduled hearing on that date.

(2) The joint boards shall meet annually at a time and location to be announced.

(3) An individual board shall make available the location of such a meeting if it is not to be held at the office of the growth management hearings boards.

[Statutory Authority: RCW 36.70A.270(7). 08-10-029, 242-02-074, filed 4/28/08, effective 5/29/08; 06-12-019, 242-02-074, filed 5/26/06, effective 6/26/06; 97-04-008, 242-02-074, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-02-074, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 08-21-015, filed 10/3/08, effective 11/3/08)

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)) One day (twenty-four hours) 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.

[Statutory Authority: RCW 36.70A.270(7). 08-21-015, 242-02-075, filed 10/3/08, effective 11/3/08.]

Washington State Code Reviser's Office