WSR 11-09-034

EXPEDITED RULES

ENVIRONMENTAL HEARINGS OFFICE


(Shorelines Hearings Board)

[ Filed April 14, 2011, 12:21 p.m. ]

Title of Rule and Other Identifying Information: The environmental hearings office (shorelines hearings board) (EHO and SHB) is repealing chapter 461-12 WAC, 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 (the SHB practice and procedural rules regarding board administration and jurisdiction) and chapter 198-12 WAC, the EHO Disclosure of public records -- Public meetings.

NOTICE

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, EHO, P.O. Box 40903, Olympia, WA 98504, e-mail address Kayb@Eho.Wa.Gov , AND RECEIVED BY June 21, 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 The EHO and SHB were not aware of the existence of chapter 461-12 WAC, which consists of outdated and redundant rules pertaining to public records and board administration and jurisdiction.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Reasons Supporting Proposal: Repeal of chapter 461-12 WAC eliminates unnecessary, outdated, and redundant rules from the Washington Administrative Code.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.

April 14, 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.

Washington State Code Reviser's Office