PERMANENT RULES
HEARINGS BOARD
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 Due to the wide-ranging nature of the modifications, the board's existing rules, chapter 242-02 WAC, are repealed in their entirety and replaced with new rules, chapter 242-03 WAC (see notice published in WSR 11-05-087 for new rules text).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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 87.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 87.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 87; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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The following chapter of the Washington Administrative Code is repealed: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. |