Effective Date of Rule: July 1, 2010.

     Purpose: To amend various provisions of the rules of practice and procedures (chapter 242-02 WAC) and public records (chapter 242-04 WAC) related to the growth management hearings board to reflect the consolidation of the boards into a single entity. These emergency rules also establish the procedures by which regional panels, which will hear matters coming before the board, will be structured. This restructuring was performed via SHB [SSB] 6214, adopted during the 2010 regular session of the legislature.

     Citation of Existing Rules Affected by this Order: Amending chapters 242-02 and 242-04 WAC.

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

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: With the 2010 regular session, the legislature adopted SHB [SSB] 6214 which changed the existing structure of the growth management hearings board in two regards: (1) Consolidation of three boards into a single entity and (2) regional panel structure to hear and decide cases. SHB [SSB] 6214 becomes effective on July 1, 2010, and without rules addressing how panels are constituted, the growth management hearings board would not be able to perform its statutorily required functions. In addition, without modification to rules which see the board as three individual boards, the newly established single board would not be able to perform daily functions or provide necessary public records assistance. Part of this reconfiguration is based on budgetary concerns and related to SHB 2935.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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

     Date Adopted: April 29, 2010.

James J. McNamara

Chair, Rules Committee

OTS-3176.3

AMENDATORY SECTION(Amending WSR 03-15-047, filed 7/11/03, effective 8/11/03)

WAC 242-02-010   Organization.   ((Three)) The growth management hearings board((s were)) was established pursuant to chapter 36.70A RCW. ((Each)) The board is an independent quasi-judicial agency of the state of Washington with ((three)) seven members appointed by the governor who are qualified by experience or training in matters pertaining to land use planning. These rules were developed, adopted, and amended ((jointly)) by ((all three)) the board((s)) pursuant to RCW 36.70A.270(7). They should be read in conjunction with the act and the Administrative Procedure Act, chapter 34.05 RCW.

[Statutory Authority: RCW 36.70A.270(7). 03-15-047, § 242-02-010, filed 7/11/03, effective 8/11/03; 97-04-008, § 242-02-010, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-010, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-02-010, filed 10/15/92, effective 10/15/92.]

     (a) Central Puget Sound region. A three-member Central Puget Sound panel shall be selected to hear matters pertaining to cities and counties located within the region comprised of King, Pierce, Snohomish, and Kitsap counties.

     (b) Eastern Washington region. A three-member Eastern Washington panel shall be selected to hear matters pertaining to cities and thirty-two counties that are required or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains.

     (c) Western Washington region. A three-member Western Washington panel shall be selected to hear matters pertaining to cities and counties that are required or choose to plan under RCW 36.70A.040, are located west of the crest of the Cascade mountains, and are not included in the Central Puget Sound region. Skamania County, if it is required or chooses to plan under RCW 36.70A.040, may elect to be included within either the Western Washington region or the Eastern Washington region.

     (2)(a) Each regional panel selected to hear and decide cases shall consist of three board members, at least a majority of whom shall reside within the region in which the case arose, unless such members cannot sit on a particular case because of recusal or disqualification, or unless the board administrative officer determines that there is an emergency including, but not limited to, the unavailability of a board member due to illness, absence, vacancy, or significant workload imbalance. The presiding officer of each case shall reside within the region in which the case arose, unless the board administrative officer determines that there is an emergency.

     (b) Except as provided otherwise in (b) of this subsection, each regional panel must:

     (i) Include one member admitted to practice law in this state;

     (ii) Include one member who has been a city or county elected official; and

     (iii) Reflect the political composition of the board. The requirements of (b) of this subsection may be waived by the board administrative officer due to member unavailability, significant workload imbalances, or other reasons.

[]

     (2) The legislature requires growth management planning to occur in compliance with the goals and requirements of the act. The responsibility for managing local growth and shaping a county's or city's future rests with the local community. The board((s)) will grant deference to counties and cities in how they plan for and manage growth.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-020, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-020, filed 10/15/92, effective 10/15/92.]

     (1) Geographic jurisdiction. Each ((board)) panel shall hear only those matters pertaining to the cities and counties located within its jurisdictional boundaries. The boundaries are as follows:

     (a) The Eastern Washington ((board)) regional panel includes all counties and the cities now or subsequently located within these counties that are required or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains;

     (b) The Central Puget Sound ((board)) regional panel includes and is limited to King, Pierce, Snohomish and Kitsap counties, and the cities now or subsequently located within those counties; and

     (c) The Western Washington ((board)) regional panel includes all counties and the cities now or subsequently located within those counties that are required or choose to plan under RCW 36.70A.040 and are located west of the crest of the Cascade mountains and are not included in the Central Puget Sound ((board)) regional panel boundaries;

     (d) Skamania County, should it be required or choose to plan under RCW 36.70A.040, may elect to be included within the jurisdictional boundaries of the Western or Eastern Washington ((boards)) regional panels.

     (2) Subject matter jurisdiction. ((Each)) The board shall hear and determine petitions alleging that a state agency, county, or city is not in compliance with the requirements of the act, or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments adopted under the act or chapter 90.58 RCW; or, petitions from cities or the governor relating to an adopted county-wide planning policy; or, that the twenty-year growth management planning projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.

     (3) Jurisdictional issues. Any party to a proceeding before ((a)) the board and its regional panel may, by motion, challenge the jurisdiction of ((that board)) the panel in any petition for review. ((A)) The board may, upon its own motion, raise such an issue.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-030, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-030, filed 10/15/92, effective 10/15/92.]

     (1) "Act" means the Growth Management Act, chapter 36.70A RCW, and subsequent amendments.

     (2) "Board" means ((the Eastern Washington, Western Washington or Central Puget Sound)) the growth management hearings board or a panel of the board hearing a matter.

     (3) "Final decision" means:

     (a) Any final order as provided in RCW 36.70A.300; or

     (b) Any other written finding, determination or order of the board which finally determines a legal right, duty, or other legal interest of the parties in the case and which clearly states such written finding, determination or order that it is a final decision subject to appeal to superior court.

     (4) "Hearing examiner" means an authorized agent of a board who has a demonstrated knowledge of land use planning and law, appointed to assist the board in the performance of its hearing function as delegated by the board as provided by the act.

     (5) (("Joint boards" means the three independent boards meeting or acting jointly.

     (6))) "Office of the growth management hearings board((s))" means the administrative office of the ((three growth management hearings)) board((s)) established ((in RCW 36.70A.250)) pursuant to RCW 36.70A.270(2).

     (((7))) (6) "Participant" means any person with standing to challenge a legislative action as set forth in RCW 36.70A.330(2).

     (((8))) (7) "Party" means any person named in the caption of a case before ((a)) the board.

     (((9))) (8) "Person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit, or public or private organization or entity of any character.

     (((10))) (9) "Petitioner" means a person who appeals any matter or who brings a petition for rule making to the board. A petitioner is a party to a case before the board.

     (((11))) (10) "Presiding officer" means any member of ((a)) the board, or a hearing examiner, who is assigned to conduct a conference or hearing as directed by ((a)) the board. The presiding officer shall be designated pursuant to WAC 242-02-521 and have authority as provided by WAC 242-02-522.

     (((12))) (11) "Publication" means:

     (a) For a city, the date the city publishes the ordinance or summary of the ordinance adopting a comprehensive plan, development regulations or subsequent amendment, as is required to be published, or the date the city publishes notice that the shoreline master program or amendment has been approved or disapproved by the department of ecology;

     (b) For a county, the date the county publishes the notice that it has adopted a comprehensive plan, development regulations or other enactments, or subsequent amendments pursuant to RCW 36.70A.290(2), or the date the county publishes notice that the shoreline master program or amendment has been approved or disapproved by the department of ecology.

     (((13))) (12) "Respondent" means a person who is named as a responding party in any petition for review before ((a)) the board.

[Statutory Authority: RCW 36.70A.270(7). 09-21-039, § 242-02-040, filed 10/13/09, effective 11/13/09; 98-01-144, § 242-02-040, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-040, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-040, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-040, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-040, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-050, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-050, filed 10/15/92, effective 10/15/92.]

     (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:

In the matter of

the Petition of          PETITION FOR RULE MAKING

(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 ((appropriate)) board ((at its office)).

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-052, filed 11/5/09, effective 12/6/09; 03-15-047, § 242-02-052, filed 7/11/03, effective 8/11/03; 00-09-094, § 242-02-052, filed 4/19/00, effective 5/20/00; 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.]

     (2) Consideration of petitions. All petitions shall be considered by the ((joint)) board((s or representatives designated by each board,)) and the ((joint)) board((s)) may, in ((their)) its discretion, hold meetings for the further consideration and discussion of the requested adoption, amendment, or repeal of any rule.

     (3) Notification of disposition of petition. The ((joint)) board((s)) or designated representatives shall notify the petitioner within a reasonable time of the disposition, if any, of the petition.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-054, filed 10/15/92, effective 10/15/92.]

     (2) Individual board. For purposes of making orders or decisions or transacting other official administrative business for an individual board, two members of a board shall constitute a quorum and may act even though one position on the board is vacant. One member or designated hearing examiner may hold hearings and take testimony. The findings of such member or hearing examiner shall not become final until approved by a majority of the board. A board member who does not attend a hearing shall review a transcript or recording of the hearing before signing the decision.)) Board quorum. For the purpose of adopting, amending, or repealing these rules or transacting other administrative business, at least four members of the board shall constitute a quorum of the board. A quorum being present, any action may be taken upon the vote of the majority of the board members.

     Panel quorum. For purposes of making orders or decisions in a case, two members of a panel shall constitute a quorum and may act even though one panel member is absent. One member or designated hearing examiner may hold hearings and take testimony. The findings of such member or hearing examiner shall not become final until approved by a majority of the panel. A panel member who does not attend a hearing shall review a transcript or recording of the hearing before signing the decision.

[Statutory Authority: RCW 36.70A.270(7). 09-21-041, § 242-02-070, filed 10/13/09, effective 11/13/09; 03-15-047, § 242-02-070, filed 7/11/03, effective 8/11/03; 97-04-008, § 242-02-070, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-070, filed 10/15/92, effective 10/15/92.]

     ((Office of the)) Growth Management Hearings Board((s))

     319 - 7th Avenue S.E., Suite 103

     Olympia, WA 98501

     P.O. Box 40953

     Olympia, WA 98504-0953

     360-586-0260

     360-664-8975 Fax

     e-mail: eastern@ew.gmhb.wa.gov

     e-mail: western@wwgmhb.wa.gov

     e-mail: central@cps.gmhb.wa.gov

     web site: www.gmhb.wa.gov

     (2) The filing of all petitions, briefs, exhibits, and other documents related to any proceeding before an individual board shall be made to the office of the growth management hearings board((s)), with specific indication of the appropriate ((board's)) regional panel's name - Eastern, Western, or Central Puget Sound.

[Statutory Authority: RCW 36.70A.270(7). 09-21-039, § 242-02-072, filed 10/13/09, effective 11/13/09; 08-10-029, § 242-02-072, filed 4/28/08, effective 5/29/08; 03-15-047, § 242-02-072, filed 7/11/03, effective 8/11/03; 98-01-144, § 242-02-072, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-072, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-072, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-072, filed 10/15/92, effective 10/15/92.]

     (c) Central Puget Sound board - on the first Monday of each month at 10:00 a.m. or following any scheduled hearing on that date)) on the first Wednesday of each month at 10:00 a.m. or following any scheduled hearing on that date. Meetings may be held telephonically.

     (2) The ((joint)) board((s)) shall meet annually at a time and location to be announced.

     (((3) An individual board shall make available the location of such a meeting if it is not to be held at the office of the growth management hearings boards.))

[Statutory Authority: RCW 36.70A.270(7). 09-21-041, § 242-02-074, filed 10/13/09, effective 11/13/09; 08-10-029, § 242-02-074, filed 4/28/08, effective 5/29/08; 06-12-019, § 242-02-074, filed 5/26/06, effective 6/26/06; 97-04-008, § 242-02-074, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-074, filed 10/15/92, effective 10/15/92.]

     (a) Each member of the board((s)); and

     (b) Each general circulation newspaper, television or radio station which has on file with the board((s)) a written request to be notified of special meetings.

     (2) The written notice shall state the date and time of the meeting, and shall specify the business to be transacted by the board((s)). The board((s)) will not take final action on any matter that is not specified in the written notice.

     (3) Notices of special meetings shall be sent by e-mail:

     (a) One day (twenty-four hours) before the scheduled meeting; except

     (b) When a special meeting is called to consider rule changes pursuant to chapter 34.05 RCW, the notice shall be sent at least twenty days prior to the meeting; and except

     (c) In the event of an emergency requiring board action, the notice and timing requirements may be waived as provided in RCW 42.30.080.

     (4) The special meeting shall be chaired by ((one of the board members who called the meeting)) the administrative officer.

     (5) A special meeting may be held by telephone conference call.

     (6) ((Two members of each board will constitute a quorum for a special meeting.

     (7))) Members of the public may attend a special meeting by appearing at ((any of)) the ((three)) board office((s)), or the location of the special meeting, at the date and time set for the meeting.

[Statutory Authority: RCW 36.70A.270(7). 09-21-041, § 242-02-075, filed 10/13/09, effective 11/13/09; 08-21-015, § 242-02-075, filed 10/3/08, effective 11/3/08.]

     (a) In odd-numbered years the annual ((joint)) board((s)) meeting will be held within the Central Puget Sound ((board's)) region.

     (b) In even-numbered years the annual ((joint)) board((s)) meeting will be held within the Eastern Washington ((board's)) region.

     (c) The location, time and agenda for the annual ((joint)) board((s)) meeting will be posted on the ((boards')) board's web site (www.gmhb.wa.gov) in September of each year.

     (2) The semiannual ((joint)) board((s)) meeting will be held on the last Thursday in April each year. The semiannual meeting will be held in person.

     (a) Each year the semiannual ((joint)) board((s)) meeting will be held within the Western Washington ((board's)) region.

     (b) The location, time and agenda for the semiannual ((joint)) board((s)) meeting will be posted on the ((boards')) board's web site (www.gmhb.wa.gov) in March of each year.

[Statutory Authority: RCW 36.70A.270(7). 03-15-047, § 242-02-076, filed 7/11/03, effective 8/11/03.]

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-080, filed 11/5/09, effective 12/6/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-080, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-090, filed 10/15/92, effective 10/15/92.]

     (1) A party or participant to a case before the board may appear personally or, by a duly authorized representative;

     (2) Attorneys at law practicing before the board must be duly qualified and entitled to practice in the courts of the state of Washington; and

     (3) Other persons permitted by law.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-110, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-110, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-110, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-110, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-120, filed 10/15/92, effective 10/15/92.]

     (2) The board may require documentary evidence, motions, and briefs to be submitted sufficiently in advance of the teleconference proceeding to insure fair consideration and presentation of the issues. All such material shall also be served on other parties at the time of filing with ((a)) the board.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-150, filed 10/15/92, effective 10/15/92.]

     (2) A petition relating to an adopted county-wide planning policy shall be filed within sixty days of its adoption as specified in RCW 36.70A.210(6).

     (3) A petition alleging that the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted can be filed at any time.

     (4) For all other matters, a petition must be filed with ((a)) the board within sixty days of the final written decision, order, determination, publication, or action being entered.

     (5) A petition relating to the failure of a state agency, city or county to take an action by a deadline specified in the act may be brought at any time after the deadline for action has passed.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-220, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-220, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-220, filed 3/9/94, effective 4/9/94; 93-11-068, § 242-02-220, filed 5/17/93, effective 6/17/93; 92-21-034, § 242-02-220, filed 10/15/92, effective 10/15/92.]

     (2) ((A)) The board may dismiss a case for failure to substantially comply with subsection (1) of this section.

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-230, filed 11/5/09, effective 12/6/09; 08-10-029, § 242-02-230, filed 4/28/08, effective 5/29/08; 06-12-019, § 242-02-230, filed 5/26/06, effective 6/26/06; 04-21-046, § 242-02-230, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-230, filed 10/15/92, effective 10/15/92.]

     (2) Filing of any documents with ((a)) the board by electronic mail or telefacsimile transmission is at the risk of the sender and shall not be deemed complete unless the following procedures are strictly observed:

     (a) An electronic mail or telefacsimile document will only be stamped "received" by the board between the hours of 8:00 a.m. and 5:00 p.m. excluding Saturdays, Sundays, and legal holidays. Any transmission not completed before 5:00 p.m. will be stamped received on the following business day. The date and time indicated by the board's telefacsimile machine or receiving computer shall be presumptive evidence of the date and time of receipt of transmission.

     (b) The original document and four copies shall be mailed and postmarked or otherwise transmitted to the board on or before the date of sending the telefacsimile transmission or electronic mail.

     (c) Documents over fifteen pages in length may not be filed by telefacsimile without prior approval of the presiding officer.

     (3) A telefacsimile or electronic mail copy shall constitute an original solely for the purpose of establishing the date a document was filed.

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-240, filed 11/5/09, effective 12/6/09; 08-10-029, § 242-02-240, filed 4/28/08, effective 5/29/08; 04-21-046, § 242-02-240, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-240, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-240, filed 10/15/92, effective 10/15/92.]

     (2) Thereafter any amendments shall be requested in writing by motion, and will be made only after approval by ((a)) the board or presiding officer. Amendments shall not be freely granted and may be denied upon a showing by the adverse party of unreasonable and unavoidable hardship, or by ((a)) the board's finding that granting the same would adversely impact ((a)) the board's ability to meet the time requirements of RCW 36.70A.300 for issuing a final order. The board may, upon motion of a party or upon its own motion, require a more complete statement of the nature of the claim or defense or any other matter stated in a pleading.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-260, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-260, filed 10/15/92, effective 10/15/92.]

     (2) A motion to file an amicus curiae brief must include a statement of:

     (a) Applicant's interest and the person or group applicant represents;

     (b) Applicant's familiarity with the issues involved in the matter and with the scope of the argument presented or to be presented by the parties;

     (c) Specific issues to which the amicus curiae brief will be directed; and

     (d) Applicant's reason for believing that additional argument is necessary on these specific issues. The brief of amicus curiae may be filed with the motion but must be filed no later than the time set for the filing of the brief for the party whose position the amicus supports.

     (3) If the person qualifies for amicus, the presiding officer may impose conditions upon the amicus's participation in the proceedings, either at the time that amicus status is granted or at any subsequent time.

[Statutory Authority: RCW 36.70A.270(7). 04-21-046, § 242-02-280, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-280, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-280, filed 10/15/92, effective 10/15/92.]

     (1) All parties to the board proceeding agree to direct review by superior court;

     (2) The parties file a direct review agreement, signed by all parties, or their designated representatives, with the ((appropriate)) board;

     (3) The direct review agreement includes agreement to proper venue; and

     (4) The direct review agreement is filed with the ((appropriate)) board within ten days after the petition for review is filed, or if multiple petitions have been filed and the board has consolidated the petitions, within ten days after the board serves notice of consolidation.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-290, filed 12/19/97, effective 1/20/98.]

     (2) Service upon a party's attorney or other authorized representative shall be considered valid service for all purposes upon the party represented.

     (3) Final decisions of the board shall be served upon the parties and their attorney or representative of record, if any.

[Statutory Authority: RCW 36.70A.270(7). 04-21-046, § 242-02-310, filed 10/15/04, effective 11/15/04; 97-04-008, § 242-02-310, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-310, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-310, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-320, filed 11/5/09, effective 12/6/09; 08-10-029, § 242-02-320, filed 4/28/08, effective 5/29/08; 04-21-046, § 242-02-320, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-320, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-320, filed 10/15/92, effective 10/15/92.]

     (2) All facsimile and electronic mail transmissions are sent at the risk of the sender and only pursuant to the procedures specified in WAC 242-02-240.

     (3) This section shall not extend any applicable time for appeal to ((a)) the board nor extend the time for providing notice of appeal to any named party.

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-330, filed 11/5/09, effective 12/6/09. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-330, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-330, filed 10/15/92, effective 10/15/92.]

     (1) An acknowledgment of service;

     (2) A certificate that the person signing the certificate did on the date of the certificate serve the papers upon each party or the party's attorney or other authorized representative of record in the proceeding by delivering a copy thereof in person to the named individuals;

     (3) A certificate that the person signing the certificate did on the date of the certificate serve the papers upon all parties of record in the case by:

     (a) Mailing a copy, properly addressed with postage prepaid, to each party or that party's attorney or other authorized representative; or

     (b) Transmitting a copy by electronic mail or telefacsimile, and on the same day mailing a copy to each party in the case or that party's attorney, or other authorized representative; or

     (c) Depositing a copy, properly addressed with charges prepaid, with a commercial parcel delivery company or courier service.

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-340, filed 11/5/09, effective 12/6/09; 04-21-046, § 242-02-340, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-340, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-340, filed 10/15/92, effective 10/15/92.]

     (2) Insofar as applicable and not in conflict with this chapter, when discovery has been authorized by ((a)) the board or presiding officer, the statutes and court rules regarding pretrial procedures in civil cases in superior courts of the state of Washington shall be used. Such statutes and rules shall include but shall not be limited to those rules pertaining to discovery of evidence by parties to civil actions.

[Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-410, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-410, filed 10/15/92, effective 10/15/92.]

     (2) Every subpoena shall identify the party causing its issuance. Subpoenas may be issued by ((a)) the board or by an attorney of record. The person issuing shall sign the subpoena. Parties desiring subpoenas to be signed by ((a)) the board shall make a showing of relevance and reasonable scope of the testimony or evidence sought and shall prepare the subpoenas for issuance, send them to the board's office for signature, and, upon return, shall make arrangements for service.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-420, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-420, filed 10/15/92, effective 10/15/92.]

     (2) The board or presiding officer will thereafter schedule a place for the hearing.

     (3) A written notice of the date and location of the hearing shall be sent to all parties not less than twenty days prior to the hearing date.

     (4) The notice shall identify the appeal to be heard, the names of the parties to the appeal and their attorneys or other authorized representatives, if any, and shall specify the time and place of hearing. The notice shall include the information specified in RCW 34.05.434 and if the hearing is to be conducted by teleconference call the notice shall so state.

     (5) The notice shall state that if a limited-English-speaking or hearing impaired party or witness needs an interpreter, a qualified interpreter will be appointed and that there will be no cost to the party or witness. The notice shall include a form for a party to indicate if an interpreter is needed and identification of the primary language, or if a participant is hearing impaired.

     (6) The notice may also include an order fixing the prehearing date and/or deadlines as provided in these rules.

     (7) Defects in notice may be waived if the waiver is knowing and voluntary.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-510, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-510, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-510, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-510, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-520, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-520, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-521, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-521, filed 11/22/94, effective 12/23/94.]

     (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)) the 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

     (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). 00-09-094, § 242-02-522, filed 4/19/00, effective 5/20/00; 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.]

     (2) All motions shall be properly captioned and signed by the moving party or that party's attorney or other authorized representative.

     (3) The motion shall specify the amount of time required for argument, whether appearance by telecommunication is requested, and the names, telephone numbers, and electronic mail addresses of all parties served with the motion.

     (4) Dispositive motions on a limited record, similar to a motion for summary judgment in superior court or a motion on the merits in the appellate courts, are permitted. Time frames for making and responding to such a motion shall be established by the presiding officer.

     (5) Motions to disqualify a hearing examiner acting as the presiding officer, or a board member, for bias, prejudice, interest or other cause, with supporting affidavit(s), may be filed with ((a)) the board.

     (6) Any party may bring a motion for the board to decide a challenge to compliance with the notice and public participation requirements of the act raised in the petition for review, provided that the evidence relevant to the challenge is limited. If such a motion is timely brought, the presiding officer or the board shall determine whether to decide the notice and public participation issue(s) on motion or whether to continue those issues to the hearing on the merits.

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-530, filed 11/5/09, effective 12/6/09; 08-10-029, § 242-02-530, filed 4/28/08, effective 5/29/08; 06-12-019, § 242-02-530, filed 5/26/06, effective 6/26/06. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-530, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-530, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-530, filed 10/15/92, effective 10/15/92.]

     (2) After prehearing or other order. If a prehearing order or other order has been entered establishing a deadline for filing motions, no written motion may be filed after the date specified in the order without written permission of the board or presiding officer.

     (3) ((A)) The board or presiding officer, after taking into consideration when the motion was received and the complexity of the issues raised, may, in its discretion, schedule a hearing for argument of a motion at the time of a prehearing conference or at a separate hearing time, or may defer consideration of the motion until commencement of the hearing on the petition for review. ((A)) The board or presiding officer may also limit argument on a motion to briefs.

     (4) A motion, other than a dispositive motion or a motion to supplement the record, is deemed denied unless the board takes action within twenty days of filing of the motion.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-532, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-532, filed 10/15/92, effective 10/15/92.]

     (2) The response shall specify the amount of time required for argument, whether appearance by telecommunication is requested, and the names, telephone numbers, and electronic mail addresses of all parties served with the response.

[Statutory Authority: RCW 36.70A.270(7). 09-23-009, § 242-02-534, filed 11/5/09, effective 12/6/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-534, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-540, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-540, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-540, filed 10/15/92, effective 10/15/92.]

     (1) Determine the feasibility of and encourage settlement of the matter or any portion thereof;

     (2) Obtain a stipulation of relevant facts including ((a)) the board's jurisdiction and the party's standing in the matter;

     (3) Obtain agreement as to the issues of law and fact presented and their simplification, limitation, or resolution;

     (4) Determine the qualifications of expert witnesses, if they are permitted to testify;

     (5) Receive any motions concerning qualification of individual board members to hear the matter;

     (6) Obtain information as to the number of expert and/or lay witnesses expected to be called by the parties and their names, addresses and telephone numbers;

     (7) Set subsequent deadlines, if and when appropriate, for filing final exhibit and witness lists, filing motions, and completing discovery; establish a briefing schedule, limit the length of briefs; and decide other matters related to the conduct of the hearing;

     (8) Determine the approximate time necessary for the presentation of evidence and/or argument of the respective parties; and

     (9) Obtain all other information which may aid in the prompt disposition of the matter.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-550, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-550, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-550, filed 10/15/92, effective 10/15/92.]

     (2) At any time prior to a hearing on a petition for review, any party may file a written application with ((a)) the board requesting a prehearing conference.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-552, filed 10/15/92, effective 10/15/92.]

     (1) Jurisdiction and standing;

     (2) Issues;

     (3) Admissions;

     (4) Witnesses, if permitted;

     (5) Time, location and length of hearings;

     (6) Authenticity and/or admissibility of exhibits;

     (7) Qualification of witnesses, if permitted;

     (8) Rulings of the board prior to the prehearing conference;

     (9) Rulings of the presiding officer; and

     (10) Any other matters that may expedite the hearing. Any objection to such order shall be made in writing within seven days after the date the order is dated. ((A)) The board shall serve its prehearing order on the same day that the order is dated. The order shall control ensuing proceedings unless modified for good cause by a subsequent order.

[Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-558, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-558, filed 10/15/92, effective 10/15/92.]

     (2) A request for a settlement extension must be filed with ((a)) the board not later than seven days before the date scheduled for the hearing on the merits of the petition.

     (3) ((A)) The board may grant a request for a settlement extension if:

     (a) The request was timely filed; and

     (b)(i) All parties named in the caption of the petition, agree to and sign the request; or

     (ii) A petitioner and respondent agree to and sign the request and the board determines that a negotiated settlement between the remaining parties could resolve significant issues in dispute.

     (4) Continuances of hearings will be granted only on ((a)) the board's initiative or upon timely request of a party setting forth in detail the reasons for such a request and a date by which such reason will no longer apply. The board will continue the matter only upon a finding of good cause and in order to prevent manifest injustice.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-560, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-560, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-560, filed 10/15/92, effective 10/15/92.]

     (2) The original and four copies of briefs and exhibits not previously filed with the board in the pending case and that are cited in the brief shall be filed with ((a)) the board at least five business days prior to the hearing unless otherwise provided by ((a)) the board or presiding officer. When briefs and exhibits are filed, a copy shall also be served on each party, unless otherwise directed by ((a)) the board or presiding officer. ((A)) The board or presiding officer may permit or require the filing of additional briefs.

     (3) Clarity and brevity are expected to assist ((a)) the board in meeting its statutorily imposed time limits. A presiding officer may limit the length of a brief and impose format restrictions.

[Statutory Authority: RCW 36.70A.270(7). 08-10-029, § 242-02-570, filed 4/28/08, effective 5/29/08; 97-04-008, § 242-02-570, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-570, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-570, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-582, filed 10/15/92, effective 10/15/92.]

     (2) Every interpreter shall, before beginning to interpret, take an oath that a true interpretation will be made to the person being examined of all the proceedings in a language or in a manner which the person understands, and that the interpreter will repeat the statements of the person being examined to the presiding officer, in the English language, to the best of the interpreter's skill and judgment.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-610, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-634, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-634, filed 10/15/92, effective 10/15/92.]

     (2) ((A)) The board's experience, technical knowledge, competency, and specialized knowledge may be used in evaluation of evidence.

     (3) If not inconsistent with subsection (1) of this section, the presiding officer shall refer to, but shall not be bound by, the Washington rules of evidence.

     (4) Documentary evidence may be submitted in the form of copies or excerpts, or by incorporation by reference.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-650, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-650, filed 10/15/92, effective 10/15/92.]

     (1) Federal law. The Constitution; congressional acts, resolutions, records, journals, and committee reports; decisions of federal courts and administrative agencies; executive orders and proclamations; and all rules, orders, and notices published in the Federal Register.

     (2) Washington state law. The Constitution of the state of Washington; decisions of the state courts; acts, resolutions, records, journals, and committee reports of the legislature; decisions of administrative agencies of the state of Washington; executive orders and proclamations by the governor; all rules, orders, and notices filed with the code reviser; and codes or standards that have been adopted by an agency of this state or by a nationally recognized organization or association.

     (3) Laws of other states. The constitutions of other states; decisions of state courts; acts, resolutions, records, journals and committee reports of other state legislatures; decisions of other states administrative agencies; executive orders and proclamations issued by a governor of another state; and codes or standards that have been adopted by an agency of another state.

     (4) Counties and cities. Ordinances, resolutions, and motions enacted by cities, counties, or other municipal subdivisions of the state of Washington.

     (5) Federally recognized Indian tribes, Constitutions, ordinances, resolutions and motions enacted by federally recognized Indian tribes.

     (6) Growth management hearings board((s)). Orders and decisions of ((any)) the board((.

     (7) Joint boards.)) and the board's rules of practice and procedure.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-660, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-660, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-02-660, filed 10/15/92, effective 10/15/92.]

     (1) Business customs. General customs and practices followed in the transaction of business.

     (2) Notorious facts. Facts so generally and widely known to all well-informed persons as not to be subject to reasonable dispute or specific facts which are capable of immediate and accurate demonstration by resort to accessible sources of generally accepted authority, including, but not exclusively, facts stated in any publication authorized or permitted by law to be made by any federal or state officer, department, or agency.

     (3) Technical or scientific facts. Technical or scientific facts within ((a)) the board's specialized knowledge.

     (4) Request. Any party may request, orally or in writing, that official notice be taken of a material fact. The board or presiding officer may take official notice of a material fact on its own initiative.

     (5) Notice. Parties shall be notified either before or during a hearing of the material fact(s) proposed to be officially noticed, and shall be afforded the opportunity to contest such facts and materials.

     (6) Statement.

     (a) In determining whether to take official notice of material facts, the presiding officer may consult any source of pertinent information, whether or not furnished by any party and whether or not admissible under the rules of evidence.

     (b) If official notice of a material fact is taken, it shall be clearly and precisely stated and made part of the record.

     (c) Where a decision of ((a)) the board rests in whole or in part upon official notice of a material fact, such fact shall be clearly and precisely stated in such decision.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-670, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-670, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-670, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-680, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-680, filed 10/15/92, effective 10/15/92.]

     (2) Within seven days after service of the default order or dismissal under subsection (1) of this section, the party against whom the order was entered may file a written objection requesting that the order be vacated and stating the specific grounds relied upon. The board may, for good cause, set aside an order of dismissal or default.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-710, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-710, filed 10/15/92, effective 10/15/92.]

     (1) When all parties stipulate;

     (2) Upon motion of the petitioner or respondent prior to the presentation of the respondent's case;

     (3) Upon motion by the respondent alleging that the petitioner has failed to prosecute the case, failed to comply with these rules, or failed to follow any order of the board; or

     (4) Upon ((a)) the board's own motion for failure by the parties to comply with these rules or any order of the board.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-720, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-810, filed 10/15/92, effective 10/15/92.]

     (2) The board will not issue advisory opinions on issues not presented to the board in the petition for review's statement of the issues, as modified by any prehearing order.

     (3) Except as provided in RCW 36.70A.300 (2)(b) and WAC 242-02-560, the final decision and order shall be issued by ((a)) the board within one hundred eighty days of receipt of the petition for review, or if multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-830, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-830, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-830, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-830, filed 10/15/92, effective 10/15/92.]

     (a) Find that the state agency, county or city is in compliance with the requirements of chapter 36.70A RCW, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW; or

     (b) Find that the state agency, county or city is not in compliance with the requirements of chapter 36.70A RCW, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW, in which case the board shall remand the matter to the state agency, county or city and specify a time for compliance. The period of remand shall extend to the date the board issues its next order on compliance.

     (2) In its final decision and order, ((a)) the board may determine that part or all of a comprehensive plan or development regulations are invalid if the board:

     (a) Makes a finding of noncompliance and issues an order of remand;

     (b) Includes in its final decision and order a determination, supported by findings of fact and conclusions of law, that the continued validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of the act; and

     (c) Specifies the part or parts, if applicable, of the plan or regulation that are determined to be invalid and the reasons for invalidity.

     (3) The effect of a determination of invalidity is as set forth in RCW 36.70A.302.

[Statutory Authority: RCW 36.70A.270(7). 06-12-019, § 242-02-831, filed 5/26/06, effective 6/26/06; 98-01-144, § 242-02-831, filed 12/19/97, effective 1/20/98.]

     (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 motion for reconsideration, the board may deny the motion, modify its decision, or reopen the hearing. A motion is deemed denied unless the board takes action within twenty days of filing 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). 08-10-029, § 242-02-832, filed 4/28/08, effective 5/29/08; 00-09-094, § 242-02-832, filed 4/19/00, effective 5/20/00; 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.]

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-833, filed 12/19/97, effective 1/20/98.]

[Statutory Authority: RCW 36.70A.270(7). 09-21-039, § 242-02-834, filed 10/13/09, effective 11/13/09; 03-15-047, § 242-02-834, filed 7/11/03, effective 8/11/03; 00-09-094, § 242-02-834, filed 4/19/00, effective 5/20/00; 97-04-008, § 242-02-834, filed 1/24/97, effective 3/1/97.]

     (1) ((A)) The board, in its discretion, may at any time cause a transcript to be printed. Any person may obtain a copy upon payment of the reasonable costs thereof.

     (2) In any case when ((a)) the board shall not cause the transcript to be printed, it shall be the obligation of the party wishing a transcript, or portions of it, to assume the cost of producing it.

     (3) When an appeal is taken from any final decision and order of a board to a reviewing court, the appealing party is responsible for ordering and paying for the transcript of the hearing.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-880, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-880, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-880, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-880, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 06-12-019, § 242-02-890, filed 5/26/06, effective 6/26/06; 98-01-144, § 242-02-890, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-890, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-02-890, filed 10/15/92, effective 10/15/92.]

     (2) The presiding officer shall set the format of the compliance hearing in the notice of compliance hearing. At the compliance hearing the presumption of validity and burden of proof are as set forth in WAC 242-02-630 and 242-02-632. The parties to the original case, and a person with standing to challenge the legislation enacted in response to ((a)) the board's final decision and order, may participate in the compliance hearing. The notice of compliance hearing shall set the scope of, and procedures for participation.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-891, filed 12/19/97, effective 1/20/98.]

[Statutory Authority: RCW 36.70A.270(7). 06-12-019, § 242-02-89201, filed 5/26/06, effective 6/26/06.]

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-894, filed 12/19/97, effective 1/20/98.]

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-896, filed 12/19/97, effective 1/20/98.]

     (2) ((A)) The board shall follow the procedures established in RCW 34.05.518 in the event that direct appellate review is sought.

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-898, filed 12/19/97, effective 1/20/98.]

OTS-3177.2

AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-010   Purpose.   The purpose of this chapter is to ensure compliance by ((each individual board, the joint boards, and the office of)) the growth management hearings board((s)) with the provisions of chapter 42.17 RCW, and in particular with RCW 42.17.250 through 42.17.340, dealing with public records.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-010, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-010, filed 10/15/92, effective 10/15/92.]

     (2) (("Joint boards" means the three independent boards meeting or acting jointly.)) "Administrative officer" means the board member elected pursuant to RCW 36.70A.270(10).

     (3) "Office of the growth management hearings board((s))" means the administrative office of the ((three)) growth management hearings board((s)) established in RCW 36.70A.250.

     (4) "Public record" means any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

     (5) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation((,)) including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion pictures, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents, including existing data compilations from which information may be obtained or translated.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-020, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-020, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-04-020, filed 10/15/92, effective 10/15/92.]

     (4))) shall annually elect one of its members to be the board administrative officer. The duties and responsibilities of the administrative officer include handling day-to-day administrative, budget, and personnel matters on behalf of the board, together with making case assignments to board members in accordance with the board's rules of procedure in order to achieve a fair and balanced workload among all board members. The administrative officer of the board may carry a reduced caseload to allow time for performing the administrative work functions.

     (2) Regular meetings of the board will be held at the office, telephonically if desired, of the growth management hearings board, or a designated location on the first Wednesday of each month at 10:00 a.m. or following any scheduled hearing on that date.

     (3) The ((joint)) board((s, comprised of the members of the three individual boards,)) shall meet at least annually at a time and location to be announced.

     (((5))) (4) The office of the growth management hearings board((s)) provides for the administrative operations of the ((three individual boards and the joint)) board((s)).

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-030, filed 10/13/09, effective 11/13/09; 00-09-094, § 242-04-030, filed 4/19/00, effective 5/20/00; 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.]

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-040, filed 10/15/92, effective 10/15/92.]

     ((The)) Office of the Growth Management Hearings Board((s

     (Insert name of appropriate board)))

     319 - 7th Avenue S.E.

     Olympia, WA 98501

     P.O. Box 40953

     Olympia, WA 98504-0953

     360-586-0260

     360-664-6975 fax

     e-mail: eastern@ew.gmhb.wa.gov

     western@wwgmhb.wa.gov

     central@cps.gmhb.wa.gov

     web site: ((www.gmhba.wa.gov)) www.gmhb.wa.gov

     (2) All communications with the ((joint)) board((s)) shall be addressed as noted in subsection (1) of this section.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-050, filed 10/13/09, effective 11/13/09; 08-10-030, § 242-04-050, filed 4/28/08, effective 5/29/08; 03-15-047, § 242-04-050, filed 7/11/03, effective 8/11/03; 00-09-094, § 242-04-050, filed 4/19/00, effective 5/20/00; 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.]

     (2) Such person shall be responsible for implementation of these rules and regulations regarding release of public records, and generally assuring compliance with the public records disclosure requirements of chapter 42.17 RCW, and in particular RCW 42.17.250 through 42.17.340.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-060, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-060, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-070, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-070, filed 10/15/92, effective 10/15/92.]

     (1) A request shall be made in writing upon a form prescribed by the ((joint)) board((s)) which shall be available at the office of the growth management hearings board((s)). A completed form shall be presented to the public records officer or to any staff member at the office of the growth management hearings board((s)) during customary office hours. The request shall include the following information:

     (a) The name and address of the person requesting the record and the organization represented, if any;

     (b) The time of day and calendar date on which the request was made;

     (c) A description of the material requested;

     (d) If the matter requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index;

     (e) If the requested matter is not identifiable by reference to a current index, an appropriate identification of the record requested.

     (2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made to assist the member of the public in appropriately identifying the public record requested.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-080, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-080, filed 10/15/92, effective 10/15/92.]

     (1) Providing the record;

     (2) Acknowledging that the public records officer has received the request for ((an individual)) the board ((or the joint boards)) and providing a reasonable estimate of the time that the public records officer will require to respond to the request. Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the public records officer may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the public records officer need not respond to it; or

     (3) Denying the public record request.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-090, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-090, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-100, filed 10/13/09, effective 11/13/09; 98-01-144, § 242-04-100, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-100, filed 10/15/92, effective 10/15/92.]

     (a) Personal information in files maintained for members and employees of ((an individual)) the board, ((the joint boards,)) or the office of the growth management hearings board((s)), to the extent that disclosure would violate their right to privacy;

     (b) Preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;

     (c) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;

     (d) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

     (2) Pursuant to RCW 42.17.260, the public records officer reserves the right to delete identifying details when he/she makes available or publishes any public records, in all cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The public records officer will fully justify such deletion in writing.

     (3) All public records otherwise exempt by law shall be considered exempt under the provision of these rules.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-110, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-110, filed 10/15/92, effective 10/15/92.]

     (1) No public records shall be removed from the office;

     (2) Inspection of any public record shall be conducted in the presence of the public records officer or his/her designee;

     (3) No public record may be marked or defaced in any manner during inspection;

     (4) Public records which are maintained in the file jacket, or in chronological order, may not be dismantled except for purpose of copying, and then only by the public records officer or his/her designee;

     (5) Access to file cabinets, shelves, vaults, and other storage locations is restricted to the public records officer, board members, and staff.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-130, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-130, filed 10/15/92, effective 10/15/92.]

     (a) Final orders, including concurring and dissenting opinions, made in the adjudication of cases;

     (b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by ((an individual)) the board ((and/or the joint boards));

     (c) Administrative staff manuals and instructions to staff that affect a member of the public;

     (d) ((Individual board and joint)) Board planning policies and goals, and interim and final planning decisions;

     (e) Factual staff reports and studies, a consultant's factual reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

     (f) Correspondence, and materials referred to therein, by and with ((an individual)) a board, ((the joint boards,)) or the office of the growth management hearings boards relating to any regulations, supervisory or enforcement responsibilities of the growth management hearings board((s)), where ((an individual)) the board determines or is asked to determine the rights of the state, the public, a subdivision of state government, or of any private party.

     (2) Availability. The current index promulgated by the public records officer shall be available for inspection by all persons under the same rules and on the same conditions as are applied to public records available for inspection.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-140, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-140, filed 10/15/92, effective 10/15/92.]

     We have received your request for inspection of and/or copies of our public records. Please complete this form and return it with the amount required, if applicable. We will forward the requested copies to you as soon as we receive this completed form with payment.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-150, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-150, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-04-150, filed 10/15/92, effective 10/15/92.]

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