LAND USE HEARINGS OFFICE

(Pollution Control Hearings Board)

[Filed July 18, 2019, 2:08 p.m.]

Title of Rule and Other Identifying Information: WAC 371-08-320 Board office hours and contact information, this rule establishes a regular monthly meeting schedule for the pollution control hearings board (board).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board is a quasi judicial body whose primary function is to conduct hearings. To facilitate the conduct of its hearings, the board has established rules of practice and procedure for its hearings. Occasionally the board needs to amend or update these rules, and that work is conducted at board meetings. Because this rule-making work is infrequent and irregular in nature, and administrative matters are handed by environmental and land use hearings office (ELUHO), monthly board meetings are unnecessary and not an efficient use of state resources. The board is proposing to eliminate the portion of WAC 371-08-320(1) which establishes a regular monthly meeting schedule. Elimination of this rigid schedule will allow the board to schedule meetings only as needed.

Reasons Supporting Proposal: The primary work of the board is to conduct hearings. Having one day set aside on the board's calendar for a meeting every month interferes with the board's hearing schedule. The board has limited responsibilities outside of hearing work and rarely needs to meet. If the board is engaged in rule making, or there is some other necessary board work such as the election of the chair, the board can schedule a special meeting.

Statutory Authority for Adoption: RCW 43.21B.170.

Statute Being Implemented: RCW 43.21B.170, 43.21B.090.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: ELUHO, Pollution Control Hearings Board, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kay M. Brown, Board Chair, 1111 Israel Road S.W., Suite 301, Tumwater, 98501, 360-664-9174.

This notice meets the following criteria to use the expedited adoption process for these rules:

Relates only to internal governmental operations that are not subject to violation by a person.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The expedited rule-making process is appropriate because this rule relates only to the internal operations of the board, and is not subject to violation by a member of the public. The board will utilize special meetings when necessary to conduct rule making.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Nancy Coverdell, ELUHO, P.O. Box 40903, Olympia, WA 98503, phone 360-664-9171, fax 360-586-2253, email nancy.coverdelll@eluho.wa.gov [nancy.coverdell@eluho.wa.gov], AND RECEIVED BY September 23, 2019.

Kay M. Brown, Board Chair

Pollution Control Hearings Board

AMENDATORY SECTION(Amending WSR 15-03-044, filed 1/14/15, effective 2/14/15)

WAC 371-08-320Board office hours and contact information.

(1) The administrative business of the board, except rule making, is performed by the environmental and land use hearings office. ((The board holds meetings at 10:00 a.m. on the second Tuesday of each month))To the extent necessary for rule making or other matters, the board will hold special meetings at the address set forth below.

(2) The information included in this section is current at the time of rule adoption, but may change. Current information is available on the board's internet site at www.eluho.wa.gov.

(a) The board is housed at the Environmental and Land Use Hearings Office, 1111 Israel Road S.W., Tumwater, Washington 98501. The principal hearing room used by the board is located at the same address, although many hearings are held near the site of the dispute at issue.

(b) The mailing address of the board is:

Pollution Control Hearings Board

P.O. Box 40903

Olympia, WA 98504-0903

(c) The telephone number of the board is 360-664-9160. The fax number is 360-586-2253. The board's email address is eluho@eluho.wa.gov.

(3) The office hours of the environmental and land use hearings office are 8:00 a.m. to 5:00 p.m., Monday through Friday, except for legal holidays.