WSR 97-15-057

PROPOSED RULES

ENVIRONMENTAL HEARINGS OFFICE

(Shorelines Hearings Board)

[Filed July 15, 1997, 11:42 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Amend rules of procedure.

Purpose: To conform rules to SHB 1314 and to clarify existing language.

Statutory Authority for Adoption: RCW 90.58.175 and SHB 1314.

Statute Being Implemented: RCW 90.58.175 and SHB 1314.

Summary: (1) Excludes final Saturdays from computation of appeal period; (2) clarifies time and procedure for filing petitions for review of Shorelines Hearings Board decisions to superior court; and (3) clarifies deadlines for the Shorelines Hearings Board to issue decisions.

Reasons Supporting Proposal: These measures improve public understanding of and the reasonableness of the process for filing appeals with the Shorelines Hearings Board and also appealing Shorelines Hearings Board decisions to superior court.

Name of Agency Personnel Responsible for Drafting and Implementation: Suzanne Skinner, Environmental Hearings Office, (360) 459-6327; and Enforcement: James A. Tupper, Jr. and Suzanne Skinner, Environmental Hearings Office, (360) 459-6327.

Name of Proponent: Environmental Hearing Office, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 461-08-310, excludes Saturdays from computation of the appeal period for filing with the Shorelines Hearings Board where the filing deadline falls on a Saturday. The following business day becomes the deadline.

WAC 461-08-570, clarifies that all petitions for review from Shorelines Hearings Board decisions must be filed with superior court within thirty days of the decision.

WAC 461-08-560, clarifies deadlines for the Shorelines Hearings Board to issue decisions.

Proposal Changes the Following Existing Rules: WAC 461-08-310 as it exists requires inclusion of final Saturdays in the computation of the appeal period.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Exempt under RCW 34.05.310 (4)(g)(ii) as a small business economic impact statement is not required for rules that adopt, amend or repeal procedures regarding agency hearings.

RCW 34.05.328 does not apply to this rule adoption. These procedural rule changes are not significant legislative rules of any of the agencies listed in RCW 34.05.328 (5)(a)(i) and as these changes are dictated by statute and to improve clarity, the Environmental Hearings Office is not voluntarily making these rules subject to that section.

Hearing Location: Environmental Hearing Office, 4224 6th Avenue S.E., Lacey, WA, on September 8, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Suzanne Skinner by August 19, 1997.

Submit Written Comments to: Suzanne Skinner, FAX (360) 438-7699, by September 1, 1997.

Date of Intended Adoption: September 8, 1997.

July 15, 1997

Suzanne Skinner

Administrative Appeals Judge

AMENDATORY SECTION (Amending WSR 96-17-017, filed 8/12/96, effective 9/12/96)

WAC 461-08-310 Computation of time. (1) In computing any period of time prescribed or allowed by these rules or applicable statute, the day of the act after which the designated period of time begins to run is not to be included. The time within which any act shall be done, as provided by these rules, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a legal holiday, and then it is excluded and the next succeeding day which is neither a Saturday, Sunday nor a legal holiday is included. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(2) This section also pertains to the period for filing with the board any petition for review, petition for rule making, petition for declaratory ruling or any other adjudication which this chapter authorizes.

[Statutory Authority: RCW 90.58.175 and Den Beste v. Washington, No. 13967-1-III (Div. III, April 18, 1996). 96-17-017, 461-08-310, filed 8/12/96, effective 9/12/96.]

AMENDATORY SECTION (Amending WSR 96-15-002, filed 7/3/96, effective 8/3/96)

WAC 461-08-560 Deadline for the board to issue final decision((s)) on petitions for review of permitting decisions((,)). Waivers and extensions of deadline. (1) The board shall, pursuant to RCW 90.58.180, issue a final decision on ((appeals of permitting decisions pursuant to RCW 90.58.180 (1) and (2))) petitions for review arising out of the granting, denying or rescinding of a permit within one hundred eighty days of the ((date of filing with the board of the petition for review or the petition to intervene, whichever is later)) following:

(a) The date the petition for review is filed; or

(b) The date a motion to intervene is filed by the department or the attorney general, whichever is later.

(2) The parties may agree to waive the one hundred eighty-day deadline.

(3) The board may, on its own motion, extend the deadline for thirty days after determining that good cause exists for the extension.

[Statutory Authority: RCW 90.58.175. 96-15-002, 461-08-560, filed 7/3/96 effective 8/3/96.]

AMENDATORY SECTION (Amending WSR 96-15-002, filed 7/3/96, effective 8/3/96)

WAC 461-08-570 Time for filing petitions for ((judicial)) review to superior court. ((All appeals from orders of the board shall be to a superior court, unless the superior court certifies the order for direct review to the court of appeals or the court of appeals accepts a certificate of appealability issued by the board. In cases of appeal to superior court, and cases where certification to the court of appeals is sought, the appealing party shall file with the board and all parties of record a copy of the petition for judicial review to the superior court.)) An appeal of a final board order is called a petition for review. A petition for review must be filed with superior court within thirty days of the date that the board issues its final order or decision. The petitioner shall file a copy of the petition for review to superior court with the board and all parties of record. All appeals must first be filed in superior court even if direct review to the court of appeals will be sought.