WSR 11-13-111

PERMANENT RULES

GROWTH MANAGEMENT

HEARINGS BOARD

[ Filed June 21, 2011, 11:19 a.m. , effective July 22, 2011 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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 made extensive modifications. Due to the wide-ranging nature of the modifications, the board's existing rules, chapter 242-02 WAC, are repealed in their entirety and replaced with new rules, chapter 242-03 WAC (see notice published in WSR 11-05-087 for new rules text).

Citation of Existing Rules Affected by this Order: Repealing chapter 242-02 WAC.

Statutory Authority for Adoption: RCW 36.70A.270(7).

Adopted under notice filed as WSR 11-05-086 (CR-102) on February 15, 2011 and WSR 10-15-001 (CR-101) on July 7, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 87.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 87.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 87; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 7, 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     The following chapter of the Washington Administrative Code is repealed: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.

Washington State Code Reviser's Office