PERMANENT RULES
HEARINGS BOARD
Effective Date of Rule: Upon filing.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 34.05.380 (3)(a) permits a rule to become effective immediately upon its filing if required by a statutory provision. During the 2010 legislative session, chapter 36.70A RCW was substantially amended to consolidate the three boards into a single entity with a panel structure. These rules reflect this new unified structure. Notice of emergency rule making was published in WSR 10-11-028 and notice of expedited rule making was published in WSR 10-15-012.
Purpose: These amendments reflect the consolidation of the three growth management hearings boards into a single, statewide board and address the creation of regional panels to hear challenges brought before the board. Amendments are related to internal operation of the board and include:
1. Amend sections of chapter 242-02 WAC to reflect a single board, including number of members.
2. Add a section, pursuant to SHB [SSB] 6214, to provide parameters for the establishment of regional panels.
3. Modifying quorum voting procedures and meeting schedules to reflect new structure and regional panel composition.
Citation of Existing Rules Affected by this Order: Amending WAC 242-02-010, 242-02-020, 242-02-030, 242-02-040, 242-02-050, 242-02-052, 242-02-054, 242-02-070, 242-02-072, 242-02-074, 242-02-075, 242-02-076, 242-02-080, 242-02-090, 242-02-110, 242-02-120, 242-02-150, 242-02-220, 242-02-230, 242-02-240, 242-02-260, 242-02-280, 242-02-290, 242-02-310, 242-02-320, 242-02-330, 242-02-340, 242-02-410, 242-02-420, 242-02-510, 242-02-520, 242-02-521, 242-02-522, 242-02-530, 242-02-532, 242-02-534, 242-02-540, 242-02-550, 242-02-552, 242-02-558, 242-02-560, 242-02-570, 242-02-582, 242-02-610, 242-02-634, 242-02-650, 242-02-660, 242-02-670, 242-02-680, 242-02-710, 242-02-720, 242-02-810, 242-02-830, 242-02-831, 242-02-832, 242-02-833, 242-02-834, 242-02-880, 242-02-890, 242-02-891, 242-02-89201, 242-02-894, 242-02-896, and 242-02-898.
Statutory Authority for Adoption: RCW 36.70A.270(7).
Adopted under notice filed as WSR 10-15-012 on July 27 [8], 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 64, Repealed 0.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 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 64, 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 6, 2010.
James J. McNamara
Chair, Rules Committee
OTS-3176.3
AMENDATORY SECTION(Amending WSR 03-15-047, filed 7/11/03,
effective 8/11/03)
WAC 242-02-010
Organization.
((Three)) The growth
management hearings board((s were)) was established pursuant
to chapter 36.70A RCW. ((Each)) The board is an independent
quasi-judicial agency of the state of Washington with
((three)) seven members appointed by the governor who are
qualified by experience or training in matters pertaining to
land use planning. These rules were developed, adopted, and
amended ((jointly)) by ((all three)) the board((s)) pursuant
to RCW 36.70A.270(7). They should be read in conjunction with
the act and the Administrative Procedure Act, chapter 34.05 RCW.
[Statutory Authority: RCW 36.70A.270(7). 03-15-047, § 242-02-010, filed 7/11/03, effective 8/11/03; 97-04-008, § 242-02-010, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-010, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-02-010, filed 10/15/92, effective 10/15/92.]
(a) Central Puget Sound region. A three-member Central Puget Sound panel shall be selected to hear matters pertaining to cities and counties located within the region comprised of King, Pierce, Snohomish, and Kitsap counties.
(b) Eastern Washington region. A three-member Eastern Washington panel shall be selected to hear matters pertaining to cities and thirty-two counties that are required or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains.
(c) Western Washington region. A three-member Western Washington panel shall be selected to hear matters pertaining to cities and counties that are required or choose to plan under RCW 36.70A.040, are located west of the crest of the Cascade mountains, and are not included in the Central Puget Sound region. Skamania County, if it is required or chooses to plan under RCW 36.70A.040, may elect to be included within either the Western Washington region or the Eastern Washington region.
(2)(a) Each regional panel selected to hear and decide cases shall consist of three board members, at least a majority of whom shall reside within the region in which the case arose, unless such members cannot sit on a particular case because of recusal or disqualification, or unless the board administrative officer determines that there is an emergency including, but not limited to, the unavailability of a board member due to illness, absence, vacancy, or significant workload imbalance. The presiding officer of each case shall reside within the region in which the case arose, unless the board administrative officer determines that there is an emergency.
(b) Except as provided otherwise in (b) of this subsection, each regional panel must:
(i) Include one member admitted to practice law in this state;
(ii) Include one member who has been a city or county elected official; and
(iii) Reflect the political composition of the board. The requirements of (b) of this subsection may be waived by the board administrative officer due to member unavailability, significant workload imbalances, or other reasons.
[]
(2) The legislature requires growth management planning
to occur in compliance with the goals and requirements of the
act. The responsibility for managing local growth and shaping
a county's or city's future rests with the local community. The board((s)) will grant deference to counties and cities in
how they plan for and manage growth.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-020, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-020, filed 10/15/92, effective 10/15/92.]
(1) Geographic jurisdiction. Each ((board)) panel shall
hear only those matters pertaining to the cities and counties
located within its jurisdictional boundaries. The boundaries
are as follows:
(a) The Eastern Washington ((board)) regional panel
includes all counties and the cities now or subsequently
located within these counties that are required or choose to
plan under RCW 36.70A.040 and are located east of the crest of
the Cascade mountains;
(b) The Central Puget Sound ((board)) regional panel
includes and is limited to King, Pierce, Snohomish and Kitsap
counties, and the cities now or subsequently located within
those counties; and
(c) The Western Washington ((board)) regional panel
includes all counties and the cities now or subsequently
located within those counties that are required or choose to
plan under RCW 36.70A.040 and are located west of the crest of
the Cascade mountains and are not included in the Central
Puget Sound ((board)) regional panel boundaries;
(d) Skamania County, should it be required or choose to
plan under RCW 36.70A.040, may elect to be included within the
jurisdictional boundaries of the Western or Eastern Washington
((boards)) regional panels.
(2) Subject matter jurisdiction. ((Each)) The board
shall hear and determine petitions alleging that a state
agency, county, or city is not in compliance with the
requirements of the act, or chapter 90.58 RCW as it relates to
the adoption or amendment of shoreline master programs, or
chapter 43.21C RCW as it relates to plans, development
regulations, and amendments adopted under the act or chapter 90.58 RCW; or, petitions from cities or the governor relating
to an adopted county-wide planning policy; or, that the
twenty-year growth management planning projections adopted by
the office of financial management pursuant to RCW 43.62.035
should be adjusted.
(3) Jurisdictional issues. Any party to a proceeding
before ((a)) the board and its regional panel may, by motion,
challenge the jurisdiction of ((that board)) the panel in any
petition for review. ((A)) The board may, upon its own
motion, raise such an issue.
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-030, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-030, filed 10/15/92, effective 10/15/92.]
(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)) the growth management
hearings board or a panel of the board hearing a matter.
(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
board((s))" means the administrative office of the ((three
growth management hearings)) board((s)) established ((in RCW 36.70A.250)) pursuant to RCW 36.70A.270(2).
(((7))) (6) "Participant" means any person with standing
to challenge a legislative action as set forth in RCW 36.70A.330(2).
(((8))) (7) "Party" means any person named in the caption
of a case before ((a)) the board.
(((9))) (8) "Person" means any individual, partnership,
corporation, association, state agency, governmental
subdivision or unit, or public or private organization or
entity of any character.
(((10))) (9) "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.
(((11))) (10) "Presiding officer" means any member of
((a)) the board, or a hearing examiner, who is assigned to
conduct a conference or hearing as directed by ((a)) the
board. The presiding officer shall be designated pursuant to
WAC 242-02-521 and have authority as provided by WAC 242-02-522.
(((12))) (11) "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.
(((13))) (12) "Respondent" means a person who is named as
a responding party in any petition for review before ((a)) the
board.
[Statutory Authority: RCW 36.70A.270(7). 09-21-039, § 242-02-040, filed 10/13/09, effective 11/13/09; 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.]
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-050, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-050, filed 10/15/92, effective 10/15/92.]
(2) Form of petition. The form of the petition for adoption, amendment, or repeal of any rule shall generally adhere to the following:
(a) A caption in the following form:
HEARINGS BOARD((S))
STATE OF WASHINGTON
In the matter of
the Petition of PETITION FOR RULE MAKING
(Name of Petitioner)
for Rule Making
(b) The body of the petition shall be set out in numbered
paragraphs. The first paragraph shall state the name and
address of the petitioning party and whether the petitioner
seeks the adoption of a new rule or rules, or amendment or
repeal of an existing rule or rules. The second paragraph, in
case of a proposed new rule or amendment of an existing rule,
shall set forth the desired rule in its entirety. Where the
petition is for repeal of an existing rule, such shall be
stated and the rule proposed to be repealed shall either be
set forth in full or shall be referred to by board rule
number. The third paragraph shall set forth concisely the
reasons for the proposal of the petitioner and shall contain a
statement as to the interests of the petitioner and the
subject matter of the rule. Additional numbered paragraphs
may be used to give full explanation of petitioner's reason
for the action sought.
(c) The petition shall be dated and signed by the party
named in the first paragraph or by the petitioner's attorney
or other authorized representative. The original and nine
copies shall be filed with the ((appropriate)) board ((at its
office)).
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-052, filed 11/5/09, effective 12/6/09; 03-15-047, § 242-02-052, filed 7/11/03, effective 8/11/03; 00-09-094, § 242-02-052, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-02-052, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-052, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-052, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-052, filed 10/15/92, effective 10/15/92.]
(2) Consideration of petitions. All petitions shall be
considered by the ((joint)) board((s or representatives
designated by each board,)) and the ((joint)) board((s)) may,
in ((their)) its discretion, hold meetings for the further
consideration and discussion of the requested adoption,
amendment, or repeal of any rule.
(3) Notification of disposition of petition. The
((joint)) board((s)) or designated representatives shall
notify the petitioner within a reasonable time of the
disposition, if any, of the petition.
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-054, filed 10/15/92, effective 10/15/92.]
(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.)) Board quorum. For the purpose of adopting, amending, or repealing these rules or transacting other administrative business, at least four members of the board shall constitute a quorum of the board. A quorum being present, any action may be taken upon the vote of the majority of the board members.
Panel quorum. For purposes of making orders or decisions in a case, two members of a panel shall constitute a quorum and may act even though one panel member is absent. 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 panel. A panel 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). 09-21-041, § 242-02-070, filed 10/13/09, effective 11/13/09; 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.]
((Office of the)) Growth Management Hearings Board((s))
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 board((s)), with specific indication of the
appropriate ((board's)) regional panel's name - Eastern,
Western, or Central Puget Sound.
[Statutory Authority: RCW 36.70A.270(7). 09-21-039, § 242-02-072, filed 10/13/09, effective 11/13/09; 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.]
(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)) on the first Wednesday of each month at 10:00 a.m. or following any scheduled hearing on that date. Meetings may be held telephonically.
(2) The ((joint)) board((s)) 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). 09-21-041, § 242-02-074, filed 10/13/09, effective 11/13/09; 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.]
(a) Each member of the board((s)); and
(b) Each general circulation newspaper, television or
radio station which has on file with the board((s)) 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 board((s)). The board((s)) 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) 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)) the administrative
officer.
(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 office((s)), or
the location of the special meeting, at the date and time set
for the meeting.
[Statutory Authority: RCW 36.70A.270(7). 09-21-041, § 242-02-075, filed 10/13/09, effective 11/13/09; 08-21-015, § 242-02-075, filed 10/3/08, effective 11/3/08.]
(a) In odd-numbered years the annual ((joint)) board((s))
meeting will be held within the Central Puget Sound
((board's)) region.
(b) In even-numbered years the annual ((joint))
board((s)) meeting will be held within the Eastern Washington
((board's)) region.
(c) The location, time and agenda for the annual
((joint)) board((s)) meeting will be posted on the ((boards'))
board's web site (www.gmhb.wa.gov) in September of each year.
(2) The semiannual ((joint)) board((s)) meeting will be
held on the last Thursday in April each year. The semiannual
meeting will be held in person.
(a) Each year the semiannual ((joint)) board((s)) meeting
will be held within the Western Washington ((board's)) region.
(b) The location, time and agenda for the semiannual
((joint)) board((s)) meeting will be posted on the ((boards'))
board's web site (www.gmhb.wa.gov) in March of each year.
[Statutory Authority: RCW 36.70A.270(7). 03-15-047, § 242-02-076, filed 7/11/03, effective 8/11/03.]
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-080, filed 11/5/09, effective 12/6/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-080, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-090, filed 10/15/92, effective 10/15/92.]
(1) A party or participant to a case before the board may appear personally or, by a duly authorized representative;
(2) Attorneys at law practicing before the board must be duly qualified and entitled to practice in the courts of the state of Washington; and
(3) Other persons permitted by law.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-110, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-110, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-110, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-110, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-120, filed 10/15/92, effective 10/15/92.]
(2) The board may require documentary evidence, motions,
and briefs to be submitted sufficiently in advance of the
teleconference proceeding to insure fair consideration and
presentation of the issues. All such material shall also be
served on other parties at the time of filing with ((a)) the
board.
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-150, filed 10/15/92, effective 10/15/92.]
(2) A petition relating to an adopted county-wide planning policy shall be filed within sixty days of its adoption as specified in RCW 36.70A.210(6).
(3) A petition alleging that the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted can be filed at any time.
(4) For all other matters, a petition must be filed with
((a)) the board within sixty days of the final written
decision, order, determination, publication, or action being
entered.
(5) A petition relating to the failure of a state agency, city or county to take an action by a deadline specified in the act may be brought at any time after the deadline for action has passed.
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-220, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-220, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-220, filed 3/9/94, effective 4/9/94; 93-11-068, § 242-02-220, filed 5/17/93, effective 6/17/93; 92-21-034, § 242-02-220, filed 10/15/92, effective 10/15/92.]
(2) ((A)) The board may dismiss a case for failure to
substantially comply with subsection (1) of this section.
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-230, filed 11/5/09, effective 12/6/09; 08-10-029, § 242-02-230, filed 4/28/08, effective 5/29/08; 06-12-019, § 242-02-230, filed 5/26/06, effective 6/26/06; 04-21-046, § 242-02-230, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-230, filed 10/15/92, effective 10/15/92.]
(2) Filing of any documents with ((a)) the board by
electronic mail or telefacsimile transmission is at the risk
of the sender and shall not be deemed complete unless the
following procedures are strictly observed:
(a) An electronic mail or telefacsimile document will only be stamped "received" by the board between the hours of 8:00 a.m. and 5:00 p.m. excluding Saturdays, Sundays, and legal holidays. Any transmission not completed before 5:00 p.m. will be stamped received on the following business day. The date and time indicated by the board's telefacsimile machine or receiving computer shall be presumptive evidence of the date and time of receipt of transmission.
(b) The original document and four copies shall be mailed and postmarked or otherwise transmitted to the board on or before the date of sending the telefacsimile transmission or electronic mail.
(c) Documents over fifteen pages in length may not be filed by telefacsimile without prior approval of the presiding officer.
(3) A telefacsimile or electronic mail copy shall constitute an original solely for the purpose of establishing the date a document was filed.
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-240, filed 11/5/09, effective 12/6/09; 08-10-029, § 242-02-240, filed 4/28/08, effective 5/29/08; 04-21-046, § 242-02-240, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-240, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-240, filed 10/15/92, effective 10/15/92.]
(2) Thereafter any amendments shall be requested in
writing by motion, and will be made only after approval by
((a)) the board or presiding officer. Amendments shall not be
freely granted and may be denied upon a showing by the adverse
party of unreasonable and unavoidable hardship, or by ((a))
the board's finding that granting the same would adversely
impact ((a)) the board's ability to meet the time requirements
of RCW 36.70A.300 for issuing a final order. The board may,
upon motion of a party or upon its own motion, require a more
complete statement of the nature of the claim or defense or
any other matter stated in a pleading.
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-260, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-260, filed 10/15/92, effective 10/15/92.]
(2) A motion to file an amicus curiae brief must include a statement of:
(a) Applicant's interest and the person or group applicant represents;
(b) Applicant's familiarity with the issues involved in the matter and with the scope of the argument presented or to be presented by the parties;
(c) Specific issues to which the amicus curiae brief will be directed; and
(d) Applicant's reason for believing that additional argument is necessary on these specific issues. The brief of amicus curiae may be filed with the motion but must be filed no later than the time set for the filing of the brief for the party whose position the amicus supports.
(3) If the person qualifies for amicus, the presiding officer may impose conditions upon the amicus's participation in the proceedings, either at the time that amicus status is granted or at any subsequent time.
[Statutory Authority: RCW 36.70A.270(7). 04-21-046, § 242-02-280, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-280, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-280, filed 10/15/92, effective 10/15/92.]
(1) All parties to the board proceeding agree to direct review by superior court;
(2) The parties file a direct review agreement, signed by
all parties, or their designated representatives, with the
((appropriate)) board;
(3) The direct review agreement includes agreement to proper venue; and
(4) The direct review agreement is filed with the
((appropriate)) board within ten days after the petition for
review is filed, or if multiple petitions have been filed and
the board has consolidated the petitions, within ten days
after the board serves notice of consolidation.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-290, filed 12/19/97, effective 1/20/98.]
(2) Service upon a party's attorney or other authorized representative shall be considered valid service for all purposes upon the party represented.
(3) Final decisions of the board shall be served upon the parties and their attorney or representative of record, if any.
[Statutory Authority: RCW 36.70A.270(7). 04-21-046, § 242-02-310, filed 10/15/04, effective 11/15/04; 97-04-008, § 242-02-310, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-310, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-310, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-320, filed 11/5/09, effective 12/6/09; 08-10-029, § 242-02-320, filed 4/28/08, effective 5/29/08; 04-21-046, § 242-02-320, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-320, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-320, filed 10/15/92, effective 10/15/92.]
(2) All facsimile and electronic mail transmissions are sent at the risk of the sender and only pursuant to the procedures specified in WAC 242-02-240.
(3) This section shall not extend any applicable time for
appeal to ((a)) the board nor extend the time for providing
notice of appeal to any named party.
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-330, filed 11/5/09, effective 12/6/09. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-330, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-330, filed 10/15/92, effective 10/15/92.]
(1) An acknowledgment of service;
(2) A certificate that the person signing the certificate did on the date of the certificate serve the papers upon each party or the party's attorney or other authorized representative of record in the proceeding by delivering a copy thereof in person to the named individuals;
(3) A certificate that the person signing the certificate did on the date of the certificate serve the papers upon all parties of record in the case by:
(a) Mailing a copy, properly addressed with postage prepaid, to each party or that party's attorney or other authorized representative; or
(b) Transmitting a copy by electronic mail or telefacsimile, and on the same day mailing a copy to each party in the case or that party's attorney, or other authorized representative; or
(c) Depositing a copy, properly addressed with charges prepaid, with a commercial parcel delivery company or courier service.
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-340, filed 11/5/09, effective 12/6/09; 04-21-046, § 242-02-340, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-340, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-340, filed 10/15/92, effective 10/15/92.]
(2) Insofar as applicable and not in conflict with this
chapter, when discovery has been authorized by ((a)) the board
or presiding officer, the statutes and court rules regarding
pretrial procedures in civil cases in superior courts of the
state of Washington shall be used. Such statutes and rules
shall include but shall not be limited to those rules
pertaining to discovery of evidence by parties to civil
actions.
[Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-410, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-410, filed 10/15/92, effective 10/15/92.]
(2) Every subpoena shall identify the party causing its
issuance. Subpoenas may be issued by ((a)) the board or by an
attorney of record. The person issuing shall sign the
subpoena. Parties desiring subpoenas to be signed by ((a))
the board shall make a showing of relevance and reasonable
scope of the testimony or evidence sought and shall prepare
the subpoenas for issuance, send them to the board's office
for signature, and, upon return, shall make arrangements for
service.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-420, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-420, filed 10/15/92, effective 10/15/92.]
(2) The board or presiding officer will thereafter schedule a place for the hearing.
(3) A written notice of the date and location of the hearing shall be sent to all parties not less than twenty days prior to the hearing date.
(4) The notice shall identify the appeal to be heard, the names of the parties to the appeal and their attorneys or other authorized representatives, if any, and shall specify the time and place of hearing. The notice shall include the information specified in RCW 34.05.434 and if the hearing is to be conducted by teleconference call the notice shall so state.
(5) The notice shall state that if a limited-English-speaking or hearing impaired party or witness needs an interpreter, a qualified interpreter will be appointed and that there will be no cost to the party or witness. The notice shall include a form for a party to indicate if an interpreter is needed and identification of the primary language, or if a participant is hearing impaired.
(6) The notice may also include an order fixing the prehearing date and/or deadlines as provided in these rules.
(7) Defects in notice may be waived if the waiver is knowing and voluntary.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-510, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-510, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-510, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-510, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-520, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-520, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-521, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-521, filed 11/22/94, effective 12/23/94.]
(1) Inspect the petition for review to determine whether, on its face, compliance with the jurisdictional and standing requirements of the act is shown, and if compliance is not shown, to recommend an action or to refer the issue to the full board for resolution;
(2) Take appropriate action with respect to the
qualifications of the parties or the parties' attorney(s) or
other authorized representative(s) to appear before ((a)) the
board;
(3) Administer oaths and affirmations if witnesses are permitted to testify;
(4) Issue subpoenas as provided in RCW 34.05.446;
(5) Rule on all procedural matters, objections and motions unless a board determination is required;
(6) Rule on all evidentiary matters including offers of proof;
(7) When applicable, question witnesses called by the parties in an impartial manner as needed to develop any facts deemed necessary to fairly and adequately decide the issue;
(8) Issue orders joining other parties, on motion of any party, when it appears that such other parties may have an interest in, or may be affected by the case;
(9) Consolidate cases for hearing when such consolidation will expedite disposition and avoid duplication of testimony and when consolidation will not unduly prejudice the rights of any party;
(10) Hold conferences for the settlement or amplification of the issues;
(11) Regulate the course of the case;
(12) Encourage the parties to stipulate to the admissibility of documents in advance of a hearing and to rule on issues concerning the content of the record;
(13) Limit the length of a brief or impose format restrictions;
(14) Sign and file certificates of agreement acknowledging receipt of timely, complete, executed agreements for direct review by superior court;
(15) Rule on requests for settlement extensions;
(16) Waive any requirement of these rules unless a party shows that it would be prejudiced by such a waiver; and
(17) Take any other action necessary and authorized by these rules, the act, or the Administrative Procedure Act, chapter 34.05 RCW.
[Statutory Authority: RCW 36.70A.270(7). 00-09-094, § 242-02-522, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-02-522, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-522, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-522, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-522, filed 10/15/92, effective 10/15/92.]
(2) All motions shall be properly captioned and signed by the moving party or that party's attorney or other authorized representative.
(3) The motion shall specify the amount of time required for argument, whether appearance by telecommunication is requested, and the names, telephone numbers, and electronic mail addresses of all parties served with the motion.
(4) Dispositive motions on a limited record, similar to a motion for summary judgment in superior court or a motion on the merits in the appellate courts, are permitted. Time frames for making and responding to such a motion shall be established by the presiding officer.
(5) Motions to disqualify a hearing examiner acting as
the presiding officer, or a board member, for bias, prejudice,
interest or other cause, with supporting affidavit(s), may be
filed with ((a)) the board.
(6) Any party may bring a motion for the board to decide a challenge to compliance with the notice and public participation requirements of the act raised in the petition for review, provided that the evidence relevant to the challenge is limited. If such a motion is timely brought, the presiding officer or the board shall determine whether to decide the notice and public participation issue(s) on motion or whether to continue those issues to the hearing on the merits.
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-530, filed 11/5/09, effective 12/6/09; 08-10-029, § 242-02-530, filed 4/28/08, effective 5/29/08; 06-12-019, § 242-02-530, filed 5/26/06, effective 6/26/06. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-530, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-530, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-530, filed 10/15/92, effective 10/15/92.]
(2) After prehearing or other order. If a prehearing order or other order has been entered establishing a deadline for filing motions, no written motion may be filed after the date specified in the order without written permission of the board or presiding officer.
(3) ((A)) The board or presiding officer, after taking
into consideration when the motion was received and the
complexity of the issues raised, may, in its discretion,
schedule a hearing for argument of a motion at the time of a
prehearing conference or at a separate hearing time, or may
defer consideration of the motion until commencement of the
hearing on the petition for review. ((A)) The board or
presiding officer may also limit argument on a motion to
briefs.
(4) A motion, other than a dispositive motion or a motion to supplement the record, is deemed denied unless the board takes action within twenty days of filing of the motion.
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-532, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-532, filed 10/15/92, effective 10/15/92.]
(2) The response shall specify the amount of time required for argument, whether appearance by telecommunication is requested, and the names, telephone numbers, and electronic mail addresses of all parties served with the response.
[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-534, filed 11/5/09, effective 12/6/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-534, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-540, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-540, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-540, filed 10/15/92, effective 10/15/92.]
(1) Determine the feasibility of and encourage settlement of the matter or any portion thereof;
(2) Obtain a stipulation of relevant facts including
((a)) the board's jurisdiction and the party's standing in the
matter;
(3) Obtain agreement as to the issues of law and fact presented and their simplification, limitation, or resolution;
(4) Determine the qualifications of expert witnesses, if they are permitted to testify;
(5) Receive any motions concerning qualification of individual board members to hear the matter;
(6) Obtain information as to the number of expert and/or lay witnesses expected to be called by the parties and their names, addresses and telephone numbers;
(7) Set subsequent deadlines, if and when appropriate, for filing final exhibit and witness lists, filing motions, and completing discovery; establish a briefing schedule, limit the length of briefs; and decide other matters related to the conduct of the hearing;
(8) Determine the approximate time necessary for the presentation of evidence and/or argument of the respective parties; and
(9) Obtain all other information which may aid in the prompt disposition of the matter.
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-550, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-550, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-550, filed 10/15/92, effective 10/15/92.]
(2) At any time prior to a hearing on a petition for
review, any party may file a written application with ((a))
the board requesting a prehearing conference.
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-552, filed 10/15/92, effective 10/15/92.]
(1) Jurisdiction and standing;
(2) Issues;
(3) Admissions;
(4) Witnesses, if permitted;
(5) Time, location and length of hearings;
(6) Authenticity and/or admissibility of exhibits;
(7) Qualification of witnesses, if permitted;
(8) Rulings of the board prior to the prehearing conference;
(9) Rulings of the presiding officer; and
(10) Any other matters that may expedite the hearing. Any objection to such order shall be made in writing within
seven days after the date the order is dated. ((A)) The board
shall serve its prehearing order on the same day that the
order is dated. The order shall control ensuing proceedings
unless modified for good cause by a subsequent order.
[Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-558, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-558, filed 10/15/92, effective 10/15/92.]
(2) A request for a settlement extension must be filed
with ((a)) the board not later than seven days before the date
scheduled for the hearing on the merits of the petition.
(3) ((A)) The board may grant a request for a settlement
extension if:
(a) The request was timely filed; and
(b)(i) All parties named in the caption of the petition, agree to and sign the request; or
(ii) A petitioner and respondent agree to and sign the request and the board determines that a negotiated settlement between the remaining parties could resolve significant issues in dispute.
(4) Continuances of hearings will be granted only on
((a)) the board's initiative or upon timely request of a party
setting forth in detail the reasons for such a request and a
date by which such reason will no longer apply. The board
will continue the matter only upon a finding of good cause and
in order to prevent manifest injustice.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-560, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-560, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-560, filed 10/15/92, effective 10/15/92.]
(2) The original and four copies of briefs and exhibits
not previously filed with the board in the pending case and
that are cited in the brief shall be filed with ((a)) the
board at least five business days prior to the hearing unless
otherwise provided by ((a)) the board or presiding officer. When briefs and exhibits are filed, a copy shall also be
served on each party, unless otherwise directed by ((a)) the
board or presiding officer. ((A)) The board or presiding
officer may permit or require the filing of additional briefs.
(3) Clarity and brevity are expected to assist ((a)) the
board in meeting its statutorily imposed time limits. A
presiding officer may limit the length of a brief and impose
format restrictions.
[Statutory Authority: RCW 36.70A.270(7). 08-10-029, § 242-02-570, filed 4/28/08, effective 5/29/08; 97-04-008, § 242-02-570, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-570, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-570, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-582, filed 10/15/92, effective 10/15/92.]
(2) Every interpreter shall, before beginning to interpret, take an oath that a true interpretation will be made to the person being examined of all the proceedings in a language or in a manner which the person understands, and that the interpreter will repeat the statements of the person being examined to the presiding officer, in the English language, to the best of the interpreter's skill and judgment.
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-610, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-634, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-634, filed 10/15/92, effective 10/15/92.]
(2) ((A)) The board's experience, technical knowledge,
competency, and specialized knowledge may be used in
evaluation of evidence.
(3) If not inconsistent with subsection (1) of this section, the presiding officer shall refer to, but shall not be bound by, the Washington rules of evidence.
(4) Documentary evidence may be submitted in the form of copies or excerpts, or by incorporation by reference.
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-650, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-650, filed 10/15/92, effective 10/15/92.]
(1) Federal law. The Constitution; congressional acts, resolutions, records, journals, and committee reports; decisions of federal courts and administrative agencies; executive orders and proclamations; and all rules, orders, and notices published in the Federal Register.
(2) Washington state law. The Constitution of the state of Washington; decisions of the state courts; acts, resolutions, records, journals, and committee reports of the legislature; decisions of administrative agencies of the state of Washington; executive orders and proclamations by the governor; all rules, orders, and notices filed with the code reviser; and codes or standards that have been adopted by an agency of this state or by a nationally recognized organization or association.
(3) Laws of other states. The constitutions of other states; decisions of state courts; acts, resolutions, records, journals and committee reports of other state legislatures; decisions of other states administrative agencies; executive orders and proclamations issued by a governor of another state; and codes or standards that have been adopted by an agency of another state.
(4) Counties and cities. Ordinances, resolutions, and motions enacted by cities, counties, or other municipal subdivisions of the state of Washington.
(5) Federally recognized Indian tribes, Constitutions, ordinances, resolutions and motions enacted by federally recognized Indian tribes.
(6) Growth management hearings board((s)). Orders and
decisions of ((any)) the board((.
(7) Joint boards.)) and the board's rules of practice and procedure.
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-660, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-660, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-02-660, filed 10/15/92, effective 10/15/92.]
(1) Business customs. General customs and practices followed in the transaction of business.
(2) Notorious facts. Facts so generally and widely known to all well-informed persons as not to be subject to reasonable dispute or specific facts which are capable of immediate and accurate demonstration by resort to accessible sources of generally accepted authority, including, but not exclusively, facts stated in any publication authorized or permitted by law to be made by any federal or state officer, department, or agency.
(3) Technical or scientific facts. Technical or
scientific facts within ((a)) the board's specialized
knowledge.
(4) Request. Any party may request, orally or in writing, that official notice be taken of a material fact. The board or presiding officer may take official notice of a material fact on its own initiative.
(5) Notice. Parties shall be notified either before or during a hearing of the material fact(s) proposed to be officially noticed, and shall be afforded the opportunity to contest such facts and materials.
(6) Statement.
(a) In determining whether to take official notice of material facts, the presiding officer may consult any source of pertinent information, whether or not furnished by any party and whether or not admissible under the rules of evidence.
(b) If official notice of a material fact is taken, it shall be clearly and precisely stated and made part of the record.
(c) Where a decision of ((a)) the board rests in whole or
in part upon official notice of a material fact, such fact
shall be clearly and precisely stated in such decision.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-670, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-670, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-670, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-680, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-680, filed 10/15/92, effective 10/15/92.]
(2) Within seven days after service of the default order or dismissal under subsection (1) of this section, the party against whom the order was entered may file a written objection requesting that the order be vacated and stating the specific grounds relied upon. The board may, for good cause, set aside an order of dismissal or default.
[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-710, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-710, filed 10/15/92, effective 10/15/92.]
(1) When all parties stipulate;
(2) Upon motion of the petitioner or respondent prior to the presentation of the respondent's case;
(3) Upon motion by the respondent alleging that the petitioner has failed to prosecute the case, failed to comply with these rules, or failed to follow any order of the board; or
(4) Upon ((a)) the board's own motion for failure by the
parties to comply with these rules or any order of the board.
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-720, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-810, filed 10/15/92, effective 10/15/92.]
(2) The board will not issue advisory opinions on issues not presented to the board in the petition for review's statement of the issues, as modified by any prehearing order.
(3) Except as provided in RCW 36.70A.300 (2)(b) and WAC 242-02-560, the final decision and order shall be issued by
((a)) the board within one hundred eighty days of receipt of
the petition for review, or if multiple petitions are filed,
within one hundred eighty days of receipt of the last petition
that is consolidated.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-830, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-830, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-830, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-830, filed 10/15/92, effective 10/15/92.]
(a) Find that the state agency, county or city is in compliance with the requirements of chapter 36.70A RCW, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW; or
(b) Find that the state agency, county or city is not in compliance with the requirements of chapter 36.70A RCW, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW, in which case the board shall remand the matter to the state agency, county or city and specify a time for compliance. The period of remand shall extend to the date the board issues its next order on compliance.
(2) In its final decision and order, ((a)) the board may
determine that part or all of a comprehensive plan or
development regulations are invalid if the board:
(a) Makes a finding of noncompliance and issues an order of remand;
(b) Includes in its final decision and order a determination, supported by findings of fact and conclusions of law, that the continued validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of the act; and
(c) Specifies the part or parts, if applicable, of the plan or regulation that are determined to be invalid and the reasons for invalidity.
(3) The effect of a determination of invalidity is as set forth in RCW 36.70A.302.
[Statutory Authority: RCW 36.70A.270(7). 06-12-019, § 242-02-831, filed 5/26/06, effective 6/26/06; 98-01-144, § 242-02-831, filed 12/19/97, effective 1/20/98.]
(2) A motion for reconsideration shall be based on at least one of the following grounds:
(a) Errors of procedure or misinterpretation of fact or law, material to the party seeking reconsideration;
(b) Irregularity in the hearing before the board by which such party was prevented from having a fair hearing; or
(c) Clerical mistakes in the final decision and order.
(3) In response to a motion for reconsideration, the board may deny the motion, modify its decision, or reopen the hearing. A motion is deemed denied unless the board takes action within twenty days of filing the motion for reconsideration. A board order on a motion for reconsideration is not subject to a motion for reconsideration.
(4) A decision in response to the petition for reconsideration shall constitute a final decision and order for purposes of judicial review. Copies of the final decision and order shall be served by the board on each party or the party's attorney or other authorized representative of record.
[Statutory Authority: RCW 36.70A.270(7). 08-10-029, § 242-02-832, filed 4/28/08, effective 5/29/08; 00-09-094, § 242-02-832, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-02-832, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-832, filed 1/24/97, effective 3/1/97.]
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-833, filed 12/19/97, effective 1/20/98.]
[Statutory Authority: RCW 36.70A.270(7). 09-21-039, § 242-02-834, filed 10/13/09, effective 11/13/09; 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.]
(1) ((A)) The board, in its discretion, may at any time
cause a transcript to be printed. Any person may obtain a
copy upon payment of the reasonable costs thereof.
(2) In any case when ((a)) the board shall not cause the
transcript to be printed, it shall be the obligation of the
party wishing a transcript, or portions of it, to assume the
cost of producing it.
(3) When an appeal is taken from any final decision and order of a board to a reviewing court, the appealing party is responsible for ordering and paying for the transcript of the hearing.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-880, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-880, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-880, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-880, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(7). 06-12-019, § 242-02-890, filed 5/26/06, effective 6/26/06; 98-01-144, § 242-02-890, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-890, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-02-890, filed 10/15/92, effective 10/15/92.]
(2) The presiding officer shall set the format of the
compliance hearing in the notice of compliance hearing. At
the compliance hearing the presumption of validity and burden
of proof are as set forth in WAC 242-02-630 and 242-02-632. The parties to the original case, and a person with standing
to challenge the legislation enacted in response to ((a)) the
board's final decision and order, may participate in the
compliance hearing. The notice of compliance hearing shall
set the scope of, and procedures for participation.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-891, filed 12/19/97, effective 1/20/98.]
[Statutory Authority: RCW 36.70A.270(7). 06-12-019, § 242-02-89201, filed 5/26/06, effective 6/26/06.]
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-894, filed 12/19/97, effective 1/20/98.]
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-896, filed 12/19/97, effective 1/20/98.]
(2) ((A)) The board shall follow the procedures
established in RCW 34.05.518 in the event that direct
appellate review is sought.
[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-898, filed 12/19/97, effective 1/20/98.]