WSR 02-01-056

PERMANENT RULES

OLYMPIC AIR POLLUTION

CONTROL AUTHORITY

[ Filed December 12, 2001, 3:58 p.m. ]

Date of Adoption: December 12, 2001.

Purpose: This change will allow the executive director, or a designee, to act as a hearing officer in the event that a public hearing is held during a time that the board of directors is not available.

Citation of Existing Rules Affected by this Order: Amending OAPCA's Regulation 1 Article 3.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 01-22-014 on October 26, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

December 12, 2001

Richard Stedman

Executive Director

AMENDATORY SECTION

SECTION 3.15 APPOINTMENT OF HEARING OFFICER


(a) In all instances where the Board is permitted or required to hold hearings under the provisions of Chapter 70.94 RCW, such hearings shall be held before the Board; or the Board may appoint a hearing officer, who shall be ((an attorney admitted to practice in the state)) the Executive Director of the Authority or his/her designee to hold such hearings.

(b) A duly appointed hearing officer shall have all the powers, rights and duties of the Board relating to the ((conduct of)) hearings.

(((c) At the conclusion of a hearing at which the hearing officer has presided, the hearing officer shall prepare written findings of fact and conclusions of law and a recommended decision. Parties to the proceeding shall be notified of the proposed decision as provided in RCW 34.04.110 through 34.04.120, as now or hereafter amended.))

Washington State Code Reviser's Office