BILL REQ. #: Z-0097.4
State of Washington | 61st Legislature | 2009 Regular Session |
Prefiled 01/07/09. Read first time 01/12/09. Referred to Committee on Local Government & Housing.
AN ACT Relating to substitution of growth management hearings board members in the case of vacancy, disqualification, illness, or injury; and amending RCW 36.70A.260 and 36.70A.270.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70A.260 and 1994 c 249 s 30 are each amended to
read as follows:
(1) Each growth management hearings board shall consist of three
members qualified by experience or training in matters pertaining to
land use planning and, except as provided in RCW 36.70A.270(4),
residing within the jurisdictional boundaries of the applicable board.
At least one member of each board must be admitted to practice law in
this state and at least one member must have been a city or county
elected official. Each board shall be appointed by the governor and
not more than two members at the time of appointment or during their
term shall be members of the same political party. No more than two
members at the time of appointment or during their term shall reside in
the same county.
(2) Each member of a board shall be appointed for a term of six
years. A vacancy shall be filled by appointment by the governor for
the unexpired portion of the term in which the vacancy occurs. The
terms of the first three members of a board shall be staggered so that
one member is appointed to serve until July 1, 1994, one member until
July 1, 1996, and one member until July 1, 1998.
Sec. 2 RCW 36.70A.270 and 1997 c 429 s 11 are each amended to
read as follows:
Each growth management hearings board shall be governed by the
following rules on conduct and procedure:
(1) Any board member may be removed for inefficiency, malfeasance,
and misfeasance in office, under specific written charges filed by the
governor. The governor shall transmit such written charges to the
member accused and the chief justice of the supreme court. The chief
justice shall thereupon designate a tribunal composed of three judges
of the superior court to hear and adjudicate the charges. Removal of
any member of a board by the tribunal shall disqualify such member for
reappointment.
(2) Each board member shall receive reimbursement for travel
expenses incurred in the discharge of his or her duties in accordance
with RCW 43.03.050 and 43.03.060. If it is determined that the review
boards shall operate on a full-time basis, each member shall receive an
annual salary to be determined by the governor pursuant to RCW
43.03.040. If it is determined that a review board shall operate on a
part-time basis, each member shall receive compensation pursuant to RCW
43.03.250, provided such amount shall not exceed the amount that would
be set if they were a full-time board member. The principal office of
each board shall be located by the governor within the jurisdictional
boundaries of each board. The boards shall operate on either a part-time or full-time basis, as determined by the governor.
(3) Each board member shall not: (a) Be a candidate for or hold
any other public office or trust; (b) engage in any occupation or
business interfering with or inconsistent with his or her duty as a
board member; and (c) for a period of one year after the termination of
his or her board membership, act in a representative capacity before
the board on any matter.
(4) A majority of each board shall constitute a quorum for making
orders or decisions, adopting rules necessary for the conduct of its
powers and duties, or transacting other official business, and may act
even though one position of the board is 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. If a board is
missing one of its members to render a decision on a matter, due to
vacancy, disqualification, illness, or injury, the remaining two
members of that board may appoint a board member from one of the other
boards to substitute for the unavailable member and participate in
rendering the decision on that matter. The appointing board must
attempt to maintain the other compositional parameters of RCW
36.70A.260(1) in selecting the substitute board member. The board
shall perform all the powers and duties specified in this chapter or as
otherwise provided by law.
(5) The board may appoint one or more hearing examiners to assist
the board in its hearing function, to make conclusions of law and
findings of fact and, if requested by the board, to make
recommendations to the board for decisions in cases before the board.
Such hearing examiners must have demonstrated knowledge of land use
planning and law. The boards shall specify in their joint rules of
practice and procedure, as required by subsection (7) of this section,
the procedure and criteria to be employed for designating hearing
examiners as a presiding officer. Hearing examiners selected by a
board shall meet the requirements of subsection (3) of this section.
The findings and conclusions of the hearing examiner shall not become
final until they have been formally approved by the board. This
authorization to use hearing examiners does not waive the requirement
of RCW 36.70A.300 that final orders be issued within one hundred eighty
days of board receipt of a petition.
(6) Each 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 board members who
participated in deciding the matter of the board and upon being filed
at the board's principal office, and shall be open for public
inspection at all reasonable times.
(7) All proceedings before the board, any of its members, or a
hearing examiner appointed by the board shall be conducted in
accordance with such administrative rules of practice and procedure as
the boards jointly prescribe. All three boards shall jointly meet to
develop and adopt joint rules of practice and procedure, including
rules regarding expeditious and summary disposition of appeals. The
boards shall publish such rules and decisions they render and arrange
for the reasonable distribution of the rules and decisions. Except as
it conflicts with specific provisions of this chapter, the
administrative procedure act, chapter 34.05 RCW, and specifically
including the provisions of RCW 34.05.455 governing ex parte
communications, shall govern the practice and procedure of the boards.
(8) A board member or hearing examiner is subject to
disqualification under chapter 34.05 RCW. The joint rules of practice
of the boards shall establish procedures by which a party to a hearing
conducted before the board may file with the board a motion to
disqualify, with supporting affidavit, against a board member or
hearing examiner assigned to preside at the hearing.
(9) The members of the boards shall meet jointly on at least an
annual basis with the objective of sharing information that promotes
the goals and purposes of this chapter.