_______________________________________________
SENATE
BILL 5402
_______________________________________________
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 01/21/1999. Referred to Committee on Natural Resources, Parks &
Recreation.
Concerning the compensation of the forest practices
appeals board.
AN
ACT Relating to the forest practices appeals board; and reenacting RCW
76.09.220.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
76.09.220 and 1997 c 423 s 2 and 1997 c 290 s 5 are each reenacted to read as
follows:
(1)
The appeals board shall operate on either a part-time or a full-time basis, as
determined by the governor. If it is determined that the appeals board shall
operate on a full-time basis, each member shall receive an annual salary to be
determined by the governor. If it is determined that the appeals board shall
operate on a part-time basis, each member shall be compensated in accordance
with RCW 43.03.250. The director of the environmental hearings office shall
make the determination, required under RCW 43.03.250, as to what statutorily
prescribed duties, in addition to attendance at a hearing or meeting of the
board, shall merit compensation. This compensation shall not exceed ten
thousand dollars in a fiscal year. Each member shall receive reimbursement for
travel expenses incurred in the discharge of his duties in accordance with the
provisions of RCW 43.03.050 and 43.03.060.
(2)
The appeals board shall as soon as practicable after the initial appointment of
the members thereof, meet and elect from among its members a chair, and shall
at least biennially thereafter meet and elect or reelect a chair.
(3)
The principal office of the appeals board shall be at the state capital, but it
may sit or hold hearings at any other place in the state. A majority of the
appeals board shall constitute a quorum for making orders or decisions,
promulgating rules and regulations necessary for the conduct of its powers and
duties, or transacting other official business, and may act though one position
on the board be 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. The appeals board shall perform all the powers and duties
granted to it in this chapter or as otherwise provided by law.
(4)
The appeals 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 members and upon being filed at the appeals board's
principal office, and shall be open to public inspection at all reasonable
times.
(5)
The appeals board shall either publish at its expense or make arrangements with
a publishing firm for the publication of those of its findings and decisions
which are of general public interest, in such form as to assure reasonable
distribution thereof.
(6)
The appeals board shall maintain at its principal office a journal which shall
contain all official actions of the appeals board, with the exception of findings
and decisions, together with the vote of each member on such actions. The
journal shall be available for public inspection at the principal office of the
appeals board at all reasonable times.
(7)
The forest practices appeals board shall have exclusive jurisdiction to hear
appeals arising from an action or determination by the department, and the
department of fish and wildlife, and the department of ecology with respect to
management plans provided for under RCW 76.09.350.
(8)(a)
Any person aggrieved by the approval or disapproval of an application to
conduct a forest practice or the approval or disapproval of any landscape plan
or permit may seek review from the appeals board by filing a request for the
same within thirty days of the approval or disapproval. Concurrently with the
filing of any request for review with the board as provided in this section,
the requestor shall file a copy of his or her request with the department and
the attorney general. The attorney general may intervene to protect the public
interest and ensure that the provisions of this chapter are complied with.
(b)
The review proceedings authorized in (a) of this subsection are subject to the
provisions of chapter 34.05 RCW pertaining to procedures in adjudicative
proceedings.
Passed the Senate March 13, 1999.
Passed the House April 8, 1999.
Approved by the Governor
April 22, 1999.
Filed
in Office of Secretary of State April 22, 1999.
