EXPEDITED RULES
(Shorelines Hearings Board)
Title of Rule and Other Identifying Information: The
environmental hearings office (EHO) (shorelines hearings board
(SHB)) is repealing chapter 461-12 WAC entitled "Practice and
procedure-public records." These rules, which have not been
updated since 1981, have been inadvertently replaced and
duplicated, without their repeal, by WAC 461-08-315 through
461-08-330 (SHB practice and procedural rules regarding board
administration and jurisdiction) and chapter 198-12 WAC (EHO
disclosure of public records-public meetings).
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 Kay Brown, Rules Coordinator, Environmental Hearings Office, P.O. Box 40903, Olympia, WA 98504, e-mail Kayb@Eho.Wa.Gov , AND RECEIVED BY April 19, 2011.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The EHO and SHB have been applying WAC 461-08-315 through 461-08-330, and chapter 198-12 WAC, and not chapter 461-12 WAC, in the past several years. The EHO and SHB were not aware of the existence of chapter 198-12 WAC, which consists of outdated and redundant rules pertaining to public records and board administration and jurisdiction. The EHO and SHB do not anticipate any changes in practice at the agency resulting from this repeal.
Reasons Supporting Proposal: Repeal of chapter 198-12 WAC eliminates unnecessary, outdated, and redundant rules from the Washington Administrative Code.
Statutory Authority for Adoption: This is a repeal only. No rules are being adopted. See RCW 34.05.353 (2)(d).
Statute Being Implemented: This is a repeal only.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [EHO], governmental.
Name of Agency Personnel Responsible for Drafting: Kay Brown, Tumwater, Washington, (360) 664-9174; Implementation and Enforcement: Environmental Hearings Office, Tumwater, Washington, (360) 664-9160.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This is a repeal of an outdated, redundant chapter of agency rules. It is beneficial to individuals that interact with the EHO and SHB to not have an outdated, redundant, and potentially confusing chapter of rules in the SHB's practice and procedural rules.
February 2, 2011
Andrea McNamara Doyle
Agency Director
OTS-3878.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 461-12-010 | Purpose. |
| WAC 461-12-020 | Definitions. |
| WAC 461-12-030 | Public records available. |
| WAC 461-12-031 | Membership, function and jurisdiction. |
| WAC 461-12-032 | Administration of the board. |
| WAC 461-12-033 | Meetings of the board. |
| WAC 461-12-034 | Quorum. |
| WAC 461-12-036 | Communications with the board. |
| WAC 461-12-040 | Public records officer. |
| WAC 461-12-050 | Office hours. |
| WAC 461-12-060 | Requests for public records. |
| WAC 461-12-070 | Copying. |
| WAC 461-12-080 | Exemptions. |
| WAC 461-12-090 | Review of denials of public records requests. |
| WAC 461-12-100 | Protection of public records. |
| WAC 461-12-110 | Records index. |
| WAC 461-12-120 | Communications with the board. |
| WAC 461-12-130 | Adoption of form. |