WSR 09-15-165

EXPEDITED RULES

GROWTH MANAGEMENT

HEARINGS BOARDS

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

Title of Rule and Other Identifying Information: Chapter 242-02 WAC, Practice and procedures, WAC 242-02-052, 242-02-080, 242-02-140, 242-02-210, 242-02-230, 242-02-240, 242-02-250, 242-02-292, 242-02-320, 242-02-330, 242-02-340, 242-02-530, and 242-02-534.

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 October 5, 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, clarifying information and facilitate efficiency of document filing based on this consolidation.

(1) Add language related to the office of the growth management hearings boards.

(2) Clarifying form and size of documents.

(3) Require electronic mail addresses be included in documents filed with the boards.

(4) Allow for the filing and/or service of papers, including petitions for review, to be made by electronic mail.

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)(g)(i), (d); filed as 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 2009

James J. McNamara

Chair, Rules Committee

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 09-16 issue of the Register.

Washington State Code Reviser's Office