5115-S AMH CL H2628.1

SSB 5115 - H COMM AMD

By Committee on Commerce & Labor

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 34.05.518 and 1995 c 382 s 5 are each amended to read as follows:

    (1) A final decision of the public employment relations commission in an adjudicative proceeding under this chapter is directly reviewable by the consent of the court of appeals.  Review shall be initiated by filing a notice of appeal with the court of appeals, at the appellant's option, for the division containing (a) Thurston county, (b) the county where the public employer is located, or (c) the county where the appellant resides or has its principal place of business.

(2) The final decision of ((an)) any other administrative agency in an adjudicative proceeding under this chapter may be directly reviewed by the court of appeals either (a) upon certification by the superior court pursuant to subsection (3) of this section or (b) if the final decision is from an environmental board as defined in subsection (((3))) (4) of this section, upon acceptance by the court of appeals after a certificate of appealability has been filed by the environmental board that rendered the final decision.

    (((2))) (3) For direct review upon certification by the superior court, an application for direct review must be filed with the superior court within thirty days of the filing of the petition for review in superior court.  The superior court may certify a case for direct review only if the judicial review is limited to the record of the agency proceeding and the court finds that:

    (a) Fundamental and urgent issues affecting the future administrative process or the public interest are involved which require a prompt determination;

    (b) Delay in obtaining a final and prompt determination of such issues would be detrimental to any party or the public interest;

    (c) An appeal to the court of appeals would be likely regardless of the determination in superior court; and

    (d) The appellate court's determination in the proceeding would have significant precedential value.

    Procedures for certification shall be established by court rule.

    (((3))) (4)(a) For the purposes of direct review of final decisions of environmental boards, environmental boards include those boards identified in RCW 43.21B.005 and growth management hearings boards as identified in RCW 36.70A.250.

    (b) An environmental board may issue a certificate of appealability if it finds that delay in obtaining a final and prompt determination of the issues would be detrimental to any party or the public interest and either:

    (i) Fundamental and urgent state-wide or regional issues are raised; or

    (ii) The proceeding is likely to have significant precedential value.

    (((4))) (5) The environmental board shall state in the certificate of appealability which criteria it applied, explain how that criteria was met, and file with the certificate a copy of the final decision.

    (((5))) (6) For an appellate court to accept direct review of a final decision of an environmental board, it shall consider the same criteria outlined in subsection (((3))) (4) of this section.

    (((6))) (7) The procedures for direct review of final decisions of environmental boards include:

    (a) Within thirty days after filing the petition for review with the superior court, a party may file an application for direct review with the superior court and serve the appropriate environmental board and all parties of record.  The application shall request the environmental board to file a certificate of appealability.

    (b) If an issue on review is the jurisdiction of the environmental board, the board may file an application for direct review on that issue.

    (c) The environmental board shall have thirty days to grant or deny the request for a certificate of appealability and its decision shall be filed with the superior court and served on all parties of record.

    (d) If a certificate of appealability is issued, the parties shall have fifteen days from the date of service to file a notice of discretionary review in the superior court, and the notice shall include a copy of the certificate of appealability and a copy of the final decision.

    (e) If the appellate court accepts review, the certificate of appealability shall be transmitted to the court of appeals as part of the certified record.

    (f) If a certificate of appealability is denied, review shall be by the superior court.  The superior court's decision may be appealed to the court of appeals.

    Sec. 2.  RCW 34.05.514 and 1995 c 347 s 113 and 1995 c 292 s 9 are each reenacted and amended to read as follows:

    (1) Except as provided in subsection (2) of this section and RCW 34.05.518(1) and 34.05.570(2), proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.

    (2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch."

    Correct the title.

EFFECT:  Gives the Court of Appeals discretion over whether a PERC case is "bumped" past Superior Court and is directly reviewed by the Court of Appeals.

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