_______________________________________________
SUBSTITUTE
SENATE BILL 5119
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 02/10/97.
Compensating members of the forest practices appeals
board.
AN
ACT Relating to compensating members of the forest practices appeals board;
amending RCW 76.09.220; creating a new section; providing an effective date;
and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the functions of the forest practices appeals board have
overriding sensitivity and are of importance to the public welfare and
operation of state government.
Sec.
2. RCW
76.09.220 and 1989 c 175 s 164 are each amended to read as follows:
(1)
The appeals board shall operate on either a part-time or a full-time basis, as
determined by the governor. If it is determined that the appeals board shall
operate on a full-time basis, each member shall receive an annual salary to be
determined by the governor. If it is determined that the appeals board shall
operate on a part-time basis, each member shall be compensated in accordance
with RCW ((43.03.240: PROVIDED, That such)) 43.03.250. The director
of the environmental hearings office shall make the determination, required
under RCW 43.03.250, as to what statutorily prescribed duties, in addition to
attendance at a hearing or meeting of the board, shall merit compensation.
This compensation shall not exceed ten thousand dollars in a fiscal year.
Each member shall receive reimbursement for travel expenses incurred in the
discharge of his duties in accordance with the provisions of RCW 43.03.050 and
43.03.060.
(2)
The appeals board shall as soon as practicable after the initial appointment of
the members thereof, meet and elect from among its members a chairman, and
shall at least biennially thereafter meet and elect or reelect a chairman.
(3)
The principal office of the appeals board shall be at the state capital, but it
may sit or hold hearings at any other place in the state. A majority of the
appeals board shall constitute a quorum for making orders or decisions,
promulgating rules and regulations necessary for the conduct of its powers and
duties, or transacting other official business, and may act though one position
on the board be vacant. One or more members may hold hearings and take
testimony to be reported for action by the board when authorized by rule or
order of the board. The appeals board shall perform all the powers and duties
granted to it in this chapter or as otherwise provided by law.
(4)
The appeals board shall make findings of fact and prepare a written decision in
each case decided by it, and such findings and decision shall be effective upon
being signed by two or more members and upon being filed at the appeals board's
principal office, and shall be open to public inspection at all reasonable
times.
(5)
The appeals board shall either publish at its expense or make arrangements with
a publishing firm for the publication of those of its findings and decisions
which are of general public interest, in such form as to assure reasonable
distribution thereof.
(6)
The appeals board shall maintain at its principal office a journal which shall
contain all official actions of the appeals board, with the exception of
findings and decisions, together with the vote of each member on such actions.
The journal shall be available for public inspection at the principal office of
the appeals board at all reasonable times.
(7)
The forest practices appeals board shall have exclusive jurisdiction to hear
appeals arising from an action or determination by the department.
(8)(a)
Any person aggrieved by the approval or disapproval of an application to
conduct a forest practice may seek review from the appeals board by filing a
request for the same within thirty days of the approval or disapproval.
Concurrently with the filing of any request for review with the board as
provided in this section, the requestor shall file a copy of his request with
the department and the attorney general. The attorney general may intervene to
protect the public interest and insure that the provisions of this chapter are
complied with.
(b)
The review proceedings authorized in ((subparagraph)) (a) of this
subsection are subject to the provisions of chapter 34.05 RCW pertaining to
procedures in adjudicative proceedings.
NEW
SECTION. Sec. 3. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1997.
Passed the Senate April 21, 1997.
Passed the House April 14, 1997.
Approved by the Governor May
19, 1997.
Filed
in Office of Secretary of State May 19, 1997.
