PROPOSED RULES
HEARINGS BOARD
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-15-001.
Title of Rule and Other Identifying Information: Repeal of chapter 242-02 WAC, Practice and procedure before the growth management hearings board.
Hearing Location(s): In Eastern Washington, Spokane Public Library, Downtown Branch, 906 West Main Avenue, Spokane, WA 99201, phone (509) 444-5300, on April 8, 2011, at 11:00 a.m.; and in Western Washington, Environmental Hearings Office, 1111 Israel Road S.W., Suite 301, Tumwater, WA 98501, phone (360) 664-9160, on May 4, 2011, at 10:30 a.m.
Date of Intended Adoption: May 4, 2011.
Submit Written Comments to: Julie Ainsworth-Taylor, 319 7th Avenue S.E., Suite 103, P.O. Box 40953, Olympia, WA 98504-0953, e-mail juliet@cps.gmhb.wa.gov, fax (425) 441-8250, by April 29, 2011.
Assistance for Persons with Disabilities: Contact Paulette Yorke by April 1, 2011 (eastern Washington hearing); by April 27, 2011 (western Washington hearing), e-mail paulettey@wwgmhb.wa.gov or (360) 586-0260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 36.70A.270(7) authorizes the board to develop and adopt rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals. In 1992, the then existing three growth management hearings boards adopted joint rules. These rules have been minimally amended since that time. Therefore, the board has conducted, in conjunction with interested parties, a comprehensive evaluation of its rules and determined that due to the need for extensive modifications, chapter 242-02 WAC, the board's existing rules will be repealed in their entirety and replaced with new rules, chapter 242-03 WAC.
Reasons Supporting Proposal: Chapter 242-02 WAC is being repealed in its entirety do to extensive modifications revealed during the board's comprehensive review process. Chapter 242-03 WAC replaces chapter 242-02 WAC.
Statutory Authority for Adoption: RCW 36.70A.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 board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Julie Ainsworth-Taylor, Olympia, Washington, (425) 441-8250.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules only apply to practice and procedure before quasi-judicial boards, the growth management hearings board.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules only apply to practice and procedure before quasi-judicial boards, the growth management hearings board.
February 15, 2011
James J. McNamara
Chair, Rules Committee
OTS-3889.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 242-02-010 | Organization. |
| WAC 242-02-015 | Regional panels. |
| WAC 242-02-020 | Function -- Local deference. |
| WAC 242-02-030 | Jurisdiction. |
| WAC 242-02-040 | Definitions. |
| WAC 242-02-050 | Rules. |
| WAC 242-02-052 | Petition for rule making. |
| WAC 242-02-054 | Petition for rule making -- Consideration and disposition. |
| WAC 242-02-060 | Computation of time. |
| WAC 242-02-070 | Quorum. |
| WAC 242-02-072 | Board office. |
| WAC 242-02-074 | Regular meetings. |
| WAC 242-02-075 | Special meeting. |
| WAC 242-02-076 | Annual and semiannual board meetings. |
| WAC 242-02-080 | Form and size of documents. |
| WAC 242-02-090 | Case numbering. |
| WAC 242-02-110 | Appearance and practice before the board -- Who may appear. |
| WAC 242-02-115 | Authorized representatives. |
| WAC 242-02-120 | Rules of professional conduct. |
| WAC 242-02-130 | Ex parte communication. |
| WAC 242-02-140 | Signing of pleadings, motions, and legal memoranda. |
| WAC 242-02-150 | Teleconference proceeding. |
| WAC 242-02-210 | Petition for review -- Forms -- Contents. |
| WAC 242-02-220 | Petition for review -- Time for filing. |
| WAC 242-02-230 | Petition for review -- Service and filing. |
| WAC 242-02-240 | Date of filing -- Facsimile and electronic mail. |
| WAC 242-02-250 | Notice of appearance and answer. |
| WAC 242-02-255 | Governor certified standing. |
| WAC 242-02-260 | Amendments to petitions for review and answers. |
| WAC 242-02-270 | Intervention. |
| WAC 242-02-280 | Amicus. |
| WAC 242-02-290 | Direct review by superior court -- Procedures. |
| WAC 242-02-292 | Direct review by superior court -- Agreement of the parties. |
| WAC 242-02-295 | Board filing with superior court -- Certificate of agreement. |
| WAC 242-02-310 | Service of papers. |
| WAC 242-02-320 | Method of service. |
| WAC 242-02-330 | Service of papers -- When complete. |
| WAC 242-02-340 | Proof of service -- Declaration. |
| WAC 242-02-410 | Discovery -- Limitation. |
| WAC 242-02-420 | Subpoena -- Issuance. |
| WAC 242-02-510 | Notice of hearing -- Setting of time and place. |
| WAC 242-02-520 | Record. |
| WAC 242-02-52001 | Exhibits. |
| WAC 242-02-52002 | Documentary evidence. |
| WAC 242-02-521 | Designation of presiding officer. |
| WAC 242-02-522 | Presiding officer -- Powers and duties. |
| WAC 242-02-530 | Motions -- Requirements. |
| WAC 242-02-532 | Motions -- Time for filing and hearing. |
| WAC 242-02-533 | Motion to disqualify for cause. |
| WAC 242-02-534 | Response to motions. |
| WAC 242-02-540 | New or supplemental evidence. |
| WAC 242-02-550 | Prehearing conference. |
| WAC 242-02-552 | Prehearing conference -- When held. |
| WAC 242-02-556 | Prehearing conference -- Failure to supply information. |
| WAC 242-02-558 | Prehearing conference -- Agreements. |
| WAC 242-02-560 | Settlement extensions -- Continuances. |
| WAC 242-02-570 | Briefs. |
| WAC 242-02-580 | Stipulation to the facts. |
| WAC 242-02-582 | Waiver of parties' appearance. |
| WAC 242-02-610 | Hearing -- Testimony under oath -- Interpreters. |
| WAC 242-02-612 | Hearing -- Interpreters. |
| WAC 242-02-620 | Hearing -- Reporting -- Recording--Recording devices. |
| WAC 242-02-630 | Presumption of validity. |
| WAC 242-02-632 | Burden of proof. |
| WAC 242-02-634 | Standard of proof. |
| WAC 242-02-640 | Hearing -- Procedures at hearing. |
| WAC 242-02-650 | Rules of evidence -- Admissibility criteria. |
| WAC 242-02-660 | Official notice -- Matters of law. |
| WAC 242-02-670 | Official notice -- Material facts. |
| WAC 242-02-680 | Hearings -- Board questions. |
| WAC 242-02-710 | Failure to attend -- Default or dismissal -- Setting aside. |
| WAC 242-02-720 | Dismissal of action. |
| WAC 242-02-810 | Presentation of post hearing matters. |
| WAC 242-02-830 | Final decision and order -- Basis. |
| WAC 242-02-831 | Final decision and order -- Compliance, noncompliance, invalidity. |
| WAC 242-02-832 | Reconsideration. |
| WAC 242-02-833 | Invalidity -- Hearing pursuant to motion to clarify, modify or rescind. |
| WAC 242-02-834 | Publication of final decision and orders. |
| WAC 242-02-880 | Transcripts. |
| WAC 242-02-890 | Determination of noncompliance -- Compliance schedule. |
| WAC 242-02-891 | Compliance -- Notice of hearing. |
| WAC 242-02-89201 | Intent to participate in compliance hearings. |
| WAC 242-02-893 | Compliance -- Hearing. |
| WAC 242-02-894 | Compliance -- Hearing pursuant to motion -- Rescinding invalidity. |
| WAC 242-02-896 | Continued noncompliance -- Recommendation to the governor. |
| WAC 242-02-898 | Appeals of a board's final decision. |
| WAC 242-02-899 | Record on review. |