WSR 16-05-012 PERMANENT RULES ENVIRONMENTAL AND LAND USE HEARINGS OFFICE [Filed February 5, 2016, 9:14 a.m., effective March 7, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: Clerical correction to our recently published update. WAC 242-03-260(3) erroneously had a strikethrough. Our agency was not intending to make a correction to this subsection at all.
Citation of Existing Rules Affected by this Order: Amending WAC 242-03-260.
Statutory Authority for Adoption: RCW 36.70A.270 (4) and (7).
Adopted under notice filed as WSR 15-21-044 on October 16, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 6, 2016.
Paulette Yorke
Administrative Manager
AMENDATORY SECTION (Amending WSR 11-13-109, filed 6/21/11, effective 7/22/11)
WAC 242-03-260 Amendments to petitions for review.
(1) A petition for review may be amended as a matter of right until ((thirty)) fourteen days after its date of filing. Any such amendments shall be limited to amending the legal bases for challenging the matters raised in the original petition, but may not raise new challenges to the ordinance.
(2) Thereafter any amendments shall be requested in writing by motion, and will be made only after approval by the presiding officer. Amendments shall not be freely granted and may be denied upon a showing by the adverse party of unreasonable and unavoidable hardship, or by the presiding officer's finding that granting the same would adversely impact the board's ability to meet the time requirements of RCW 36.70A.300 for issuing a final order.
(3) At the prehearing conference the presiding officer will work with the parties to clarify the issues raised in the petition for review. The presiding officer may, upon motion of a party or upon its own motion, require a more complete or concise statement of the issues presented for resolution by the board.
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