WSR 00-05-021

PROPOSED RULES

GROWTH MANAGEMENT

HEARINGS BOARDS

[ Filed February 8, 2000, 12:23 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-17-081.

Title of Rule: Growth Management Hearings Boards (GMHB) rules and procedures.

Purpose: Update and clarify rules of practice and procedure, change meeting times.

Statutory Authority for Adoption: RCW 36.70A.270(7).

Statute Being Implemented: Chapter 36.70A WAC, Growth Management Act.

Summary: Three sections are changed to reflect board administrative changes regarding meeting times board contacts. One section adds the boards website as a location for obtaining decisions of the boards. Three sections are amended to clarify board procedures (reconsiderations, governor standing, and settlement extensions).

Reasons Supporting Proposal: Efficiency and periodic updates.

Name of Agency Personnel Responsible for Drafting: Ed McGuire, Central Puget Sound, 1215 4th Avenue, Seattle, (206) 389-2625; Implementation and Enforcement: Joint (all board members).

Name of Proponent: Growth Management Hearings Boards, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 242-02-052, changes place for filing rule-making requests; WAC 242-02-255, establishes process for obtaining governor certified standing; WAC 242-02-522, authorizes presiding officer to grant settlement extensions; WAC 242-02-832, clarifies reconsideration procedures; WAC 242-02-834, adds website as location board decision and orders; WAC 242-04-030, changes Central Puget Sound board's regular meeting time; and WAC 242-04-050, changes contact for joint boards.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Capitol Court Building, Room 135, 1110 Capitol Way South, Olympia, WA, on March 30, 2000, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Diane Rennell by March 23, 2000, TDD (206) 389-2625, or e-mail cps@gmaboards.wa.gov.

Submit Written Comments to: Ed McGuire, Joint Board Rules Coordinator, fax (206) 389-2588, by March 27, 2000.

Date of Intended Adoption: March 30, 2000.

February 8, 2000

E. G. McGuire

Rules Coordinator

Joint Boards CPSGMHB Member

OTS-3687.1


AMENDATORY SECTION(Amending WSR 98-01-144, filed 12/19/97, effective 1/20/98)

WAC 242-02-052
Petition for rule making.

(1) Right to petition for rule making. Any person may petition the joint boards for the adoption, amendment, or repeal of any rule. Said petition shall be filed with the ((Eastern board's office in Yakima, Washington)) Central Puget Sound board during the 1999-2001 biennium; the Western board during the 2001-2003 biennium; and the Eastern board during the 2003-2005 biennium.

(2) Form of petition. The form of the petition for adoption, amendment, or repeal of any rule shall generally adhere to the following:

(a) A caption in the following form:


BEFORE THE JOINT GROWTH MANAGEMENT HEARINGS BOARDS

STATE OF WASHINGTON


No.

PETITION FOR RULE MAKING

In the matter of

the Petition of

(Name of Petitioner)

for Rule Making


(b) The body of the petition shall be set out in numbered paragraphs. The first paragraph shall state the name and address of the petitioning party and whether the petitioner seeks the adoption of a new rule or rules, or amendment or repeal of an existing rule or rules. The second paragraph, in case of a proposed new rule or amendment of an existing rule, shall set forth the desired rule in its entirety. Where the petition is for repeal of an existing rule, such shall be stated and the rule proposed to be repealed shall either be set forth in full or shall be referred to by board rule number. The third paragraph shall set forth concisely the reasons for the proposal of the petitioner and shall contain a statement as to the interests of the petitioner and the subject matter of the rule. Additional numbered paragraphs may be used to give full explanation of petitioner's reason for the action sought.

(c) The petition shall be dated and signed by the party named in the first paragraph or by the petitioner's attorney or other authorized representative. The original and nine copies shall be filed with the Eastern board at its office in Yakima, Washington.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, 242-02-052, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-23-112, 242-02-052, filed 11/22/94, effective 12/23/94; 94-07-033, 242-02-052, filed 3/9/94, effective 4/9/94; 92-21-034, 242-02-052, filed 10/15/92, effective 10/15/92.]


NEW SECTION
WAC 242-02-255
Governor certified standing.

If the board receives a request for governor certified standing from a petitioner pursuant to RCW 36.70A.280 (2)(c), the board shall immediately forward the petitioner's request to the governor. The board shall indicate the end of the sixty-day time period within which the determination of standing must be made.

[]


AMENDATORY SECTION(Amending WSR 98-01-144, filed 12/19/97, effective 1/20/98)

WAC 242-02-522
Presiding officer -- Powers and duties.

It shall be the duty of the presiding officer to conduct conferences or hearings as directed by a board in an impartial and orderly manner. The presiding officer shall have the authority, subject to the other provisions of the act or these rules to:

(1) Inspect the petition for review to determine whether, on its face, compliance with the jurisdictional and standing requirements of the act is shown, and if compliance is not shown, to recommend an action or to refer the issue to the full board for resolution;

(2) Take appropriate action with respect to the qualifications of the parties or the parties' attorney(s) or other authorized representative(s) to appear before a board;

(3) Administer oaths and affirmations if witnesses are permitted to testify;

(4) Issue subpoenas as provided in RCW 34.05.446;

(5) Rule on all procedural matters, objections and motions unless a board determination is required;

(6) Rule on all evidentiary matters including offers of proof;

(7) When applicable, question witnesses called by the parties in an impartial manner as needed to develop any facts deemed necessary to fairly and adequately decide the issue;

(8) Issue orders joining other parties, on motion of any party, when it appears that such other parties may have an interest in, or may be affected by the case;

(9) Consolidate cases for hearing when such consolidation will expedite disposition and avoid duplication of testimony and when consolidation will not unduly prejudice the rights of any party;

(10) Hold conferences for the settlement or amplification of the issues;

(11) Regulate the course of the case;

(12) Encourage the parties to stipulate to the admissibility of documents in advance of a hearing and to rule on issues concerning the content of the record;

(13) Limit the length of a brief or impose format restrictions;

(14) Sign and file certificates of agreement acknowledging receipt of timely, complete, executed agreements for direct review by superior court;

(15) Rule on requests for settlement extensions;

(16) Waive any requirement of these rules unless a party shows that it would be prejudiced by such a waiver; and

(((16))) (17) Take any other action necessary and authorized by these rules, the act, or the Administrative Procedure Act, chapter 34.05 RCW.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, 242-02-522, filed 12/19/97, effective 1/20/98; 97-04-008, 242-02-522, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, 242-02-522, filed 3/9/94, effective 4/9/94; 92-21-034, 242-02-522, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 98-01-144, filed 12/19/97, effective 1/20/98)

WAC 242-02-832
Reconsideration.

(1) After issuance of a final decision any party may file a motion for reconsideration with a board in accordance with subsection (2) of this section. Such motion must be filed within ten days of service of the final decision. The original and three copies of the motion for reconsideration shall be filed with the board. At the same time, copies shall be served on all parties of record. Within five days of filing the motion for reconsideration, a party may file an answer to the motion for reconsideration without direction or request from the board. A board may require other parties to supply an answer ((which shall be served in a like manner)). All answers to motions for reconsideration shall be served on all parties of record.

(2) A motion for reconsideration shall be based on at least one of the following grounds:

(a) Errors of procedure or misinterpretation of fact or law, material to the party seeking reconsideration;

(b) Irregularity in the hearing before the board by which such party was prevented from having a fair hearing; or

(c) Clerical mistakes in the final decision and order.

(3) In response to a ((petition)) motion for reconsideration, the board may deny the ((petition)) motion, modify its decision, or reopen the hearing. A ((petition)) motion is deemed denied unless the board takes action within twenty days of filing ((of the petition or answer where a board has required other parties to provide such an answer pursuant to subsection (1) of this section)) the motion for reconsideration. A board order on a motion for reconsideration is not subject to a motion for reconsideration.

(4) A decision in response to the petition for reconsideration shall constitute a final decision and order for purposes of judicial review. Copies of the final decision and order shall be served by the board on each party or the party's attorney or other authorized representative of record.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, 242-02-832, filed 12/19/97, effective 1/20/98; 97-04-008, 242-02-832, filed 1/24/97, effective 3/1/97.]


AMENDATORY SECTION(Amending WSR 97-04-008, filed 1/24/97, effective 3/1/97)

WAC 242-02-834
Publication of final decision and orders.

Copies of all final decisions and orders are available from the board that entered the decision and order. Code Publishing Company, POB 51164, Seattle, WA 98115-1164 is the official publisher of all final decisions and orders entered by the boards. ((In addition, final decisions and orders are available from CD Law, 1000 2nd Ave., Ste. # 1610, Seattle, WA 98104 and Law BBS, Washington St. Bar Association, 2001 Sixth Ave., Ste. 500, Seattle, WA 98121-2599.)) The growth management hearings board website is www.gmaboards.wa.gov. Each board posts its decisions within its individual portion of the website and maintains a digest of its decisions.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, 242-02-834, filed 1/24/97, effective 3/1/97.]

OTS-3686.1


AMENDATORY SECTION(Amending WSR 98-01-144, filed 12/19/97, effective 1/20/98)

WAC 242-04-030
Description of organization and public meetings.

(1) Each board is an independent agency of the state of Washington, composed of three members appointed by the governor. Each board elects an administrative chairperson from its members at least annually.

(2) The administrative chairpersons constitute the administrative committee of the joint boards. The administrative committee elects an administrative chairperson from its members at least annually.

(3) Regular meetings of each board will be held at its principal office or other designated location at the following times:

(a) Eastern Washington board - on the first Wednesday of each month at 10:00 a.m.

(b) Western Washington board - on the second Wednesday of each month at 11:00 a.m.

(c) Central Puget Sound board - on the ((second Thursday)) first Monday of each month at 10:00 a.m.

(4) The joint boards shall meet at least annually at a time and location to be announced.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, 242-04-030, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-030, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 98-01-144, filed 12/19/97, effective 1/20/98)

WAC 242-04-050
Communications with each board or the joint boards.

(1) All communications with a board, including but not limited to the submission of materials pertaining to its operations and/or administration or enforcement of chapter 42.17 RCW and these rules, requests for copies of each board's decisions and other matters, shall be addressed to the appropriate board's office as follows:


(a)Eastern Washington Growth

Management Hearings Board

Suite 818 Larson Building

6 South 2nd Street

Yakima, Washington 98901

(509) 454-7803

(509) 454-7292 FAX


(b)Western Washington Growth

Management Hearings Board

905 24th Way S.W. Suite B-2

P.O. Box 40953

Olympia, Washington 98504-0953

(360) 664-8966

(360) 664-8975 FAX


(c)Central Puget Sound Growth

Management Hearings Board

Financial Center

1215 Fourth Avenue, Suite 322

Seattle, Washington 98161-1001

(206) 389-2625

(206) 389-2588 FAX


(2) All communications with the joint boards shall be addressed in care of the ((Eastern Washington board)) Central Puget Sound board during the 1999-2001 biennium; the Western board during the 2001-2003 biennium; and the Eastern board during the 2003-2005 biennium.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, 242-04-050, filed 12/19/97, effective 1/20/98; 97-04-008, 242-04-050, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, 242-04-050, filed 11/22/94, effective 12/23/94; 94-07-033, 242-04-050, filed 3/9/94, effective 4/9/94; 92-21-034, 242-04-050, filed 10/15/92, effective 10/15/92.]

Washington State Code Reviser's Office