_______________________________________________
SENATE
BILL 5299
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Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 01/22/97.
Referred to Committee on Agriculture & Environment.
Requiring that a
petition of review be served upon local government.
AN
ACT Relating to shoreline management permits; and amending RCW 90.58.180.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.58.180 and 1995 c 347 s 310 are each amended to read as follows:
(1)
Any person aggrieved by the granting, denying, or rescinding of a permit on
shorelines of the state pursuant to RCW 90.58.140 may seek review from the
shorelines hearings board by filing a petition for review within twenty-one
days of the date of filing as defined in RCW 90.58.140(6).
Within
seven days of the filing of any petition for review with the board as provided
in this section pertaining to a final decision of a local government, the
petitioner shall serve copies of the petition on the department ((and)),
the office of the attorney general, and the local government. The
department and the attorney general may intervene to protect the public
interest and insure that the provisions of this chapter are complied with at
any time within fifteen days from the date of the receipt by the department or
the attorney general of a copy of the petition for review filed pursuant to
this section. The shorelines hearings board shall schedule review proceedings
on the petition for review without regard as to whether the period for the
department or the attorney general to intervene has or has not expired.
(2)
The department or the attorney general may obtain review of any final decision
granting a permit, or granting or denying an application for a permit issued by
a local government by filing a written petition with the shorelines hearings
board and the appropriate local government within twenty-one days from the date
the final decision was filed as provided in RCW 90.58.140(6).
(3)
The review proceedings authorized in subsections (1) and (2) of this section
are subject to the provisions of chapter 34.05 RCW pertaining to procedures in
adjudicative proceedings. Judicial review of such proceedings of the
shorelines hearings board is governed by chapter 34.05 RCW. The board shall
issue its decision on the appeal authorized under subsections (1) and (2) of
this section within one hundred eighty days after the date the petition is
filed with the board or a petition to intervene is filed by the department or
the attorney general, whichever is later. The time period may be extended by
the board for a period of thirty days upon a showing of good cause or may be
waived by the parties.
(4)
Any person may appeal any rules, regulations, or guidelines adopted or approved
by the department within thirty days of the date of the adoption or approval.
The board shall make a final decision within sixty days following the hearing
held thereon.
(5)
The board shall find the rule, regulation, or guideline to be valid and enter a
final decision to that effect unless it determines that the rule, regulation,
or guideline:
(a)
Is clearly erroneous in light of the policy of this chapter; or
(b)
Constitutes an implementation of this chapter in violation of constitutional or
statutory provisions; or
(c)
Is arbitrary and capricious; or
(d)
Was developed without fully considering and evaluating all material submitted
to the department during public review and comment; or
(e)
Was not adopted in accordance with required procedures.
(6)
If the board makes a determination under subsection (5) (a) through (e) of this
section, it shall enter a final decision declaring the rule, regulation, or
guideline invalid, remanding the rule, regulation, or guideline to the
department with a statement of the reasons in support of the determination, and
directing the department to adopt, after a thorough consultation with the
affected local government and any other interested party, a new rule,
regulation, or guideline consistent with the board's decision.
(7) A decision of the board on the validity of a rule, regulation,
or guideline shall be subject to review in superior court, if authorized
pursuant to chapter 34.05 RCW. A petition for review of the decision of the
shorelines hearings board on a rule, regulation, or guideline shall be filed
within thirty days after the date of final decision by the shorelines hearings
board.
