WSR 09-21-032

PERMANENT RULES

ENVIRONMENTAL HEARINGS OFFICE


(Shorelines Hearings Board)

[ Filed October 13, 2009, 10:41 a.m. , effective November 13, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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, became 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.

Citation of Existing Rules Affected by this Order: Amending WAC 461-08-330.

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

Adopted under notice filed as WSR 09-13-052 on June 12, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 13, 2009.

Andrea McNamara Doyle

Director of the

Environmental Hearings Office

Chair of the

Shorelines 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