6214-S AMH TAYL OSBO 147

SSB 6214 - H AMD TO LGH COMM AMD (H-5378.1/10) 1273

By Representative Taylor

NOT ADOPTED 3/02/2010

    On page 14, line 18 of the striking amendment, after "((Each))" strike "The" and insert "Three-member panels or the full"

    On page 14, line 21 of the striking amendment, after "((board))" strike "regional" and insert "three-member"

    On page 14, line 30 of the striking amendment, after "cases to" strike "regional" and insert "three-member"  

    On page 23, after line 11 of the striking amendment, insert the following:

"NEW SECTION.  Sec. 14.  A new section is added to chapter 36.70A RCW to read as follows, to be codified between RCW 36.70A.250 and 36.70A.300:

    A party may petition for a hearing or rehearing of a decision by all of the members of the growth management hearings board.

    (1) The petition must begin with a statement that either:  (a) The panel decision conflicts with a prior hearing board decision, appellate court decision, or Washington state supreme court decision, and consideration by the full board is necessary to secure and maintain uniformity in the board's decisions; or (b) the case involves one or more questions of exceptional importance, each of which must be concisely stated.

    (2) A petition that a case be heard initially by the full board must be filed with the party's initial filing.  A petition for a rehearing of the full board must be filed within ten days of the issuance of a final decision.

    (3) The board must give all parties an opportunity to express their views as to whether a hearing by the full board is appropriate.

    (4) Nothing in this section interferes with the right of a party to appeal a final decision to the superior court in accordance with RCW 36.70A.300(5).  If a party files a case in superior court on the issue requested for rehearing, the full board does not have jurisdiction to rehear the case."

    Renumber the remaining sections consecutively and correct any internal references accordingly.  Correct the title.

EFFECT:  Establishes provisions for a party to petition for the following before the full seven-member Growth Management Hearings Board proposed in the striking amendment: a hearing; or a re-hearing of a decision made by a three-member regional panel. 

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