WSR 09-21-039

PERMANENT RULES

GROWTH MANAGEMENT

HEARINGS BOARDS

[ Filed October 13, 2009, 2:43 p.m. , effective November 13, 2009 ]


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

Purpose: The purpose of these amendments to the rules is to 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 and clarity as to procedures along with consistency of terminology.

Citation of Existing Rules Affected by this Order: Amending WAC 242-02-040, 242-02-072, and 242-02-834.

Statutory Authority for Adoption: RCW 36.70A.270(7).

Adopted under notice filed as WSR 09-15-158 on July 21, 2009.

Changes Other than Editing from Proposed to Adopted Version: WAC 242-02-072, title changed from board offices to the singular "board office."

WAC 242-02-072(1), physical address changed to include "Suite 103."

WAC 242-02-072(1), typographical error corrected so e-mail address reads central@cps.gmhb.wa.gov.

WAC 242-02-072(2), modification of the word "briefings" to "briefs."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 30, 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., Suite 103

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: central@cps.gmhb.wa.gov

web site: www.gmhb.wa.gov


(2) The filing of all petitions, briefs, 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: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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