SENATE BILL REPORT

SB 5712

BYSenator Kreidler

Changing provisions relating to the environmental hearings office.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 16, 1989

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Gary Wilburn (786-7453)

                  February 27, 1990

House Committe on Environmental Affairs

AS PASSED SENATE, FEBRUARY 6, 1990

BACKGROUND:

In promotion of efficient and economically responsible government, the Legislature of 1979 created an environmental hearings office by consolidating the administration of the Pollution Control Hearings Board, the Forest Practices Appeals Board, and the Shorelines Hearing Board.  The chairman of the Pollution Control Hearings Board acts as the chief executive officer of the Environmental Hearings Office.  In order to address changes in job titles and agency procedures that have occurred since 1979, the Environmental Hearings Office has requested an updating of the enabling statute.

SUMMARY:

The title of "hearing examiner" is changed to "administrative appeals judge."  The authority to appoint an administrative appeals judge is given to the chief executive officer of the Environmental Hearings Office, replacing the Pollution Control Hearings Board.  The administrative appeals judge is required to have a demonstrated knowledge of environmental law, and be admitted to the practice of law in the state of Washington.  The chief executive officer is empowered to appoint additional administrative appeals judges, appoint, discharge and fix the compensation of administrative or clerical staff as necessary, and contract for required services.

References to the Administrative Procedure Act (APA) at RCW 34.04 are changed to reflect the revised APA which is now found at RCW 34.05.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 8, 1989

Senate Committee - Testified: Hal Zimmerman, Environmental Hearings Office (pro)

HOUSE AMENDMENTS:

Technical changes are made to provide updated references to the Administrative Procedure Act and to delete a section of the bill enacted in other legislation in the 1989 session.