WSR 11-11-074

PREPROPOSAL STATEMENT OF INQUIRY

ENVIRONMENTAL AND

LAND USE HEARINGS OFFICE

[ Filed May 17, 2011, 10:06 a.m. ]

Subject of Possible Rule Making: The environmental and land use hearings office (ELUHO) is the successor agency created by the administrative consolidation of the environmental hearings office (EHO) and the growth management hearings boards (GMHB) effective July 1, 2011. As a result of the legislatively directed consolidation, the ELUHO is required to adopt public records rules for the new agency. The agency anticipates modeling these rules closely after the model public records rules from the office of the attorney general.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.56.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Each agency is required by law to adopt rules pertaining to its public records procedures. Although the EHO and GMHB each currently have separate rules related to public records procedures, they are not identical, and there are no rules specifically applicable to ELUHO. These rules will provide guidance to the public on how to access public records of the ELUHO, including the three boards that are administered by the ELUHO (pollution control hearings board, shorelines hearings board and GMHB).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Rules on public records are governed by chapter 42.56 RCW, the Public Records Act.

Process for Developing New Rule: ELUHO welcomes and will consider all public comments on the subject of the development of public records rules. Comments should be made by e-mail or letter to Kay Brown, P.O. Box 40903, Olympia, WA 98504-0903, kayb@eho.wa.gov. There will be an additional comment period provided when the text of the proposed rules is published.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. ELUHO welcomes written comments. Comments should be addressed to Kay Brown, P.O. Box 40903, Olympia, WA 98504-0903, kayb@eho.wa.gov.

May 13, 2011

Andrea McNamara Doyle, Director

Environmental Hearings Office

Kathleen D. Mix, Director Designee

Environmental and Land Use Hearings Office

Washington State Code Reviser's Office