WSR 13-01-026

PERMANENT RULES

ENVIRONMENTAL AND

LAND USE HEARINGS OFFICE

[ Filed December 11, 2012, 9:55 a.m. , effective January 11, 2013 ]


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

Purpose: To correct physical location address, e-mail address and phone contact information; remove duplicative sentence; clarify number of board members and provide phone numbers for service by telefacsimile.

Citation of Existing Rules Affected by this Order: Amending five sections of the growth management hearing[s] board's administrative code: WAC 242-03-060, 242-03-015, 242-03-115, 242-03-230, and 242-03-240.

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

Adopted under notice filed as WSR 12-19-080 on September 18, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 5, 2012.

Kathleen D. Mix

ELUHO Director

Nina Carter

Administrative Officer

Growth Management

Hearings Board

OTS-5010.1


AMENDATORY SECTION(Amending WSR 11-13-109, filed 6/21/11, effective 7/22/11)

WAC 242-03-015   Regional panels.   (1) Each petition for review that is filed with the growth management hearings board shall be heard and decided by a regional panel of growth management hearings board members. From the seven board members, regional panels shall be constituted as follows:

(a) Central Puget Sound region. A three-member Central Puget Sound panel shall be selected to hear matters pertaining to cities and counties located within the region comprised of King, Pierce, Snohomish, and Kitsap counties.

(b) Eastern Washington region. A three-member Eastern Washington panel shall be selected to hear matters pertaining to cities and counties that are required or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains.

(c) Western Washington region. A three-member Western Washington panel shall be selected to hear matters pertaining to cities and counties that are required or choose to plan under RCW 36.70A.040, are located west of the crest of the Cascade mountains, and are not included in the Central Puget Sound region. Skamania County, if it is required or chooses to plan under RCW 36.70A.040, may elect to be included within either the Western Washington region or the Eastern Washington region.

(2)(a) Each regional panel selected to hear and decide cases shall consist of three board members, at least a majority of whom shall reside within the region in which the case arose, unless such regional members cannot sit on a particular case because of recusal or disqualification, or unless the board administrative officer determines that there is an emergency including, but not limited to, the unavailability of a board member due to illness, absence, vacancy, or significant workload imbalance.

(b) The presiding officer of each case shall reside within the region in which the case arose, unless the board administrative officer determines that there is an emergency.

(c) Except as provided otherwise in (d) of this subsection, each regional panel shall:

(i) Include at least one member admitted to practice law in this state;

(ii) Include at least one member who has been a city or county elected official; and

(iii) Reflect the political composition of the board.

(d) The requirements of (c) of this subsection may be waived by the board administrative officer due to member unavailability, significant workload imbalances, or other reasons.

[Statutory Authority: RCW 36.70A.270(7). 11-13-109, 242-03-015, filed 6/21/11, effective 7/22/11.]


AMENDATORY SECTION(Amending WSR 11-13-109, filed 6/21/11, effective 7/22/11)

WAC 242-03-060   Board office.   (1) The administration of the board is consolidated in one office - The office of the growth management hearings board:


Growth Management Hearings Board

((319 7th Avenue S.E., Suite 103)) 1111 Israel Road S.W., Suite 301

((Olympia)) Tumwater, WA 98501

P.O. Box 40953

Olympia, WA 98504-0953

((360-586-0260)) 360-664-9170

((360-664-8975)) 360-586-2253 Fax

e-mail: ((eastern@ew.gmhb.wa.gov)) eastern@eluho.wa.gov

e-mail: ((western@wwgmhb.wa.gov)) western@eluho.wa.gov

e-mail: ((central@cps.gmhb.wa.gov)) central@eluho.wa.gov

web site: www.gmhb.wa.gov


(2) The filing of all petitions, briefs, exhibits, and other documents related to any proceeding before a regional panel shall be made to the office of the growth management hearings board, with specific indication of the appropriate regional panel's name - Eastern, Western, or Central Puget Sound.

[Statutory Authority: RCW 36.70A.270(7). 11-13-109, 242-03-060, filed 6/21/11, effective 7/22/11.]


AMENDATORY SECTION(Amending WSR 11-13-109, filed 6/21/11, effective 7/22/11)

WAC 242-03-115   Authorized representatives.   (1) Notice of appearance. Any person acting in a representative capacity on behalf of a party or participant shall file a notice of appearance with the board and shall serve a copy on all other parties. This requirement shall apply to attorneys as well as to other duly authorized representatives of parties. ((This requirement shall apply to attorneys as well as to other duly authorized representatives of parties.)) A person listed in a petition for review as representing petitioners need not file a notice of appearance.

(2) Substitution. In the event of a change in representative or attorney, a notice of substitution must be filed with the board and a copy served on all other parties before the change in representative shall become effective.

[Statutory Authority: RCW 36.70A.270(7). 11-13-109, 242-03-115, filed 6/21/11, effective 7/22/11.]


AMENDATORY SECTION(Amending WSR 12-05-110, filed 2/22/12, effective 3/24/12)

WAC 242-03-230   Petition for review -- Filing and service.   (1) Filing a Petition for Review. A petition for review shall be filed with the board by electronic mail, as provided in WAC 242-03-240, unless a petitioner does not have the technological capacity to do so. The original and three copies of the petition for review shall be filed with the board personally, or by first class, certified, or registered mail. Filings may also be made with the board by telefacsimile transmission as provided in WAC 242-03-240. A petition for review is deemed filed on the date the board receives it by electronic mail or by telefacsimile transmission by 5:00 p.m. provided that the original and three copies are postmarked and mailed on the same date as the electronic filing. See WAC 242-03-060 for contact information.

(2) Service of petition for review.

(a) A copy of the petition for review shall be served upon the named respondent(s) and must be received by the respondent(s) on or before the date filed with the board. Service of the petition for review may be by mail or personal service, so long as the petition is received by respondent on or before the date filed with the board.

(b) When a county is a respondent, the petition for review shall be served on the county auditor in noncharter counties and the agent designated by the legislative authority in charter counties. When a city is a respondent, the mayor, city manager, or city clerk shall be served. When the state of Washington is a respondent, the office of the attorney general shall be served at its main office in Olympia unless service upon the state is otherwise provided by law. In a challenge to the adoption of, or amendment to, a shoreline master program approved by the department of ecology, the department of ecology shall be named as a respondent and served.

(3) Proof of service shall be filed with the board pursuant to WAC 242-03-245.

(4) The board may dismiss a case for failure to substantially comply with this section.

[Statutory Authority: RCW 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-05-110, 242-03-230, filed 2/22/12, effective 3/24/12. Statutory Authority: RCW 36.70A.270(7). 11-13-109, 242-03-230, filed 6/21/11, effective 7/22/11.]


AMENDATORY SECTION(Amending WSR 12-05-110, filed 2/22/12, effective 3/24/12)

WAC 242-03-240   Filing and service of all other papers.   (1) Filing of papers: All pleadings and briefs shall be filed with the board by electronic mail unless a petitioner does not have the technological capacity to do so. The original and three copies of all documents shall be filed with the board personally, or by first class, certified, or registered mail and must be postmarked and mailed on the same date as the electronic filing. Filings less than fifteen pages may be made by telefacsimile transmission. The original and three copies must be mailed on the same date as the telefacsimile transmission to be deemed filed.

Filings made by electronic mail and/or telefacsimile transmission shall be deemed filed upon actual receipt during office hours of 8:00 a.m. to 5:00 p.m. excluding Saturdays, Sundays, and legal holidays. Any transmission not completed before 5:00 p.m. will be stamped received on the following business day. The date and time indicated by the board's telefacsimile machine or receiving computer shall be presumptive evidence of the date and time of receipt of transmission. All papers will be deemed filed with the board on the date received by electronic mail provided that the original document and three copies are mailed and postmarked on the same date as the telefacsimile transmission or electronic mail filing. See WAC 242-03-060 for contact information.

(2) Service: Parties shall serve copies of all filings on all other named parties by electronic mail, on or before the date filed with the board, unless a party lacks technical capability. Service is accomplished when the document is transmitted electronically, or, by agreement among the parties or exception granted by the presiding officer, is deposited in the mail and postmarked by the required date.

[Statutory Authority: RCW 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-05-110, 242-03-240, filed 2/22/12, effective 3/24/12. Statutory Authority: RCW 36.70A.270(7). 11-13-109, 242-03-240, filed 6/21/11, effective 7/22/11.]