WSR 09-15-158

EXPEDITED RULES

GROWTH MANAGEMENT

HEARINGS BOARDS

[ Filed July 21, 2009, 12:09 p.m. ]

Title of Rule and Other Identifying Information: Chapter 242-02 WAC, Practice and procedures, WAC 242-02-040, 242-02-072, and 242-02-834.

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 accurate contact information.

(1) Update mailing and physical addresses for the Eastern and Central Puget Sound boards.

(2) Update web site contact information for all three boards.

(3) Update e-mail contact information for the Eastern board.

(4) Add a definition for the term, office of the growth management hearings boards.

(5) Update location for retention of boards' final decisions and orders.

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 [appropriations] 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 as CR-105 based on RCW 34.05.353 (1)(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 98-01-144, filed 12/19/97, effective 1/20/98)

WAC 242-02-040   Definitions.   As used in this title, the following terms shall have the following meaning:

(1) "Act" means the Growth Management Act, chapter 36.70A RCW, and subsequent amendments.

(2) "Board" means the Eastern Washington, Western Washington or Central Puget Sound growth management hearings board.

(3) "Final decision" means:

(a) Any final order as provided in RCW 36.70A.300; or

(b) Any other written finding, determination or order of the board which finally determines a legal right, duty, or other legal interest of the parties in the case and which clearly states such written finding, determination or order that it is a final decision subject to appeal to superior court.

(4) "Hearing examiner" means an authorized agent of a board who has a demonstrated knowledge of land use planning and law, appointed to assist the board in the performance of its hearing function as delegated by the board as provided by the act.

(5) "Joint boards" means the three independent boards meeting or acting jointly.

(6) "Office of the growth management hearings boards" means the administrative office of the three growth management hearings boards established in RCW 36.70A.250.

(7) "Participant" means any person with standing to challenge a legislative action as set forth in RCW 36.70A.330(2).

(((7))) (8) "Party" means any person named in the caption of a case before a board.

(((8))) (9) "Person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit, or public or private organization or entity of any character.

(((9))) (10) "Petitioner" means a person who appeals any matter or who brings a petition for rule making to the board. A petitioner is a party to a case before the board.

(((10))) (11) "Presiding officer" means any member of a board, or a hearing examiner, who is assigned to conduct a conference or hearing as directed by a board. The presiding officer shall be designated pursuant to WAC 242-02-521 and have authority as provided by WAC 242-02-522.

(((11))) (12) "Publication" means:

(a) For a city, the date the city publishes the ordinance or summary of the ordinance adopting a comprehensive plan, development regulations or subsequent amendment, as is required to be published, or the date the city publishes notice that the shoreline master program or amendment has been approved or disapproved by the department of ecology;

(b) For a county, the date the county publishes the notice that it has adopted a comprehensive plan, development regulations or other enactments, or subsequent amendments pursuant to RCW 36.70A.290(2), or the date the county publishes notice that the shoreline master program or amendment has been approved or disapproved by the department of ecology.

(((12))) (13) "Respondent" means a person who is named as a responding party in any petition for review before a board.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, 242-02-040, filed 12/19/97, effective 1/20/98; 97-04-008, 242-02-040, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, 242-02-040, filed 11/22/94, effective 12/23/94; 94-07-033, 242-02-040, filed 3/9/94, effective 4/9/94; 92-21-034, 242-02-040, filed 10/15/92, effective 10/15/92.]


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

WAC 242-02-072   ((Principal)) Board offices.   ((The principal offices of each board are as follows:


(1) Eastern Washington Growth

Management Hearings Board

15 West Yakima Avenue, Suite 102

Yakima, Washington 98902

509-574-6960

509-574-6964 fax

e-mail: AAndreas@EW.GMHB.WA.GOV

web site: www.gmhb.wa.gov/eastern


(2) Western Washington Growth

Management Hearings Board

319 - 7th Avenue S.E. (as of June 2008)

Olympia, WA 98501

P.O. Box 40953

Olympia, Washington 98504-0953

(360) 664-8966

(360) 664-8975 fax

e-mail: western@ww.gmhb.wa.gov

web site: www.gmhb.wa.gov/western


(3) Central Puget Sound Growth

Management Hearings Board

800 Fifth Avenue, Suite 2356

Seattle, Washington 98104

(206) 389-2625

(206) 389-2588 fax

e-mail: central@cps.gmhb.wa.gov

web site: www.gmhb.wa.gov/central)) (1) The administration of the three boards is consolidated in one office - the office of the growth management hearings boards:

Office of the Growth Management Hearings Boards

319 - 7th Avenue S.E.

Olympia, WA 98501

P.O. Box 40953

Olympia, WA 98504-0953

360-586-0260

360-664-8975 Fax

e-mail: eastern@ew.gmhb.wa.gov

e-mail: western@wwgmhb.wa.gov

e-mail: centralia@cps.gmhb.wa.gov

web site: www.gmhb.wa.gov

(2) The filing of all petitions, briefings, exhibits, and other documents related to any proceeding before an individual board shall be made to the office of the growth management hearings boards, with specific indication of the appropriate board's name - Eastern, Western, or Central Puget Sound.

[Statutory Authority: RCW 36.70A.270(7). 08-10-029, 242-02-072, filed 4/28/08, effective 5/29/08; 03-15-047, 242-02-072, filed 7/11/03, effective 8/11/03; 98-01-144, 242-02-072, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-23-112, 242-02-072, filed 11/22/94, effective 12/23/94; 94-07-033, 242-02-072, filed 3/9/94, effective 4/9/94; 92-21-034, 242-02-072, filed 10/15/92, effective 10/15/92.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 03-15-047, filed 7/11/03, effective 8/11/03)

WAC 242-02-834   Publication of final decision and orders.   Copies of all final decisions and orders are available ((from the)) for an individual board that entered the decision and order from the office of the growth management hearings boards. The growth management hearings boards web site is www.gmhb.wa.gov. Each board posts its decisions within its individual portion of the web site and maintains a digest of its decisions.

[Statutory Authority: RCW 36.70A.270(7). 03-15-047, 242-02-834, filed 7/11/03, effective 8/11/03; 00-09-094, 242-02-834, filed 4/19/00, effective 5/20/00; 97-04-008, 242-02-834, filed 1/24/97, effective 3/1/97.]

Washington State Code Reviser's Office