WSR 99-23-038

PERMANENT RULES

ENVIRONMENTAL HEARINGS OFFICE


(Shorelines Hearings Board)

[ Filed November 12, 1999, 3:47 p.m. ]

Date of Adoption: November 4, 1999.

Purpose: Changes to WAC 461-08-355 bring the rule into conformance with an amendment to RCW 90.58.180(1) requiring that a petitioner serve local government with a copy of the petition for review within seven days of filing with the board. Service on a project applicant is moved to WAC 461-08-355 for greater clarity. WAC 461-08-360 is repealed eliminating a confusing reference to service on the chief legal officer. WAC 461-08-555 is revised to clarify the result if less than a majority of the board members agree on a decision.

Citation of Existing Rules Affected by this Order: Repealing WAC 461-08-360; and amending WAC 461-08-355 and 461-08-555.

Statutory Authority for Adoption: RCW 90.58.175.

Adopted under notice filed as WSR 99-19-121 on October 6 [September 21], 1999.

Changes Other than Editing from Proposed to Adopted Version: In response to comment received, the words "a copy of" were added to proposed WAC 461-08-355 to clarify that a copy of the petition is served on parties to the case.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

November 8, 1999

Phyllis K. Macleod

Rules Coordinator

OTS-3342.2


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

WAC 461-08-355
Service of petitions for review with department and attorney general -- Intervention by the department and attorney general.

(1) For a petition((s)) pertaining to a local government's final decision on a permit, the petitioner shall ((file one copy of)) serve a copy of the petition with the department ((and one copy with the office of)), the attorney general and that local government within seven days of ((the date that)) filing the petition ((was filed)) with the board.

(2) Within fifteen days of the date of receipt of the petition for review described in subsection (1) of this section, the department or the attorney general may intervene in the case before the board to protect the public interest and to insure compliance with chapter 90.58 RCW.  Nothing in WAC 461-08-345, setting a twenty-one day limit on when the department or the attorney general can directly file a petition for review, limits the right of the department or attorney general to intervene under this section in a board proceeding.

(3) When the petitioner is not the permit applicant, the petitioner shall serve the permit applicant with a copy of the petition for review.

[Statutory Authority: RCW 90.58.175.  96-15-002, 461-08-355, filed 7/3/96, effective 8/3/96.]


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

WAC 461-08-555
Final decisions and orders.

(1) Full-board cases. When the hearing on the petition for review has been heard by a majority of the board in a full-board case, and upon completion of the record and submission of the issues for decision and order, a written final decision and order concurred in by them then may be adopted which shall contain findings and conclusions as to each contested issue of fact and law: Provided, That in the event that the full board considers the record and that four of the members cannot agree on a decision, the substantive decision ((of the local government)) under appeal will control.  The board will formally adopt its final decision and order: Provided further, That this subsection does not apply to a request for review filed under RCW 90.58.210.

(2) Short-board cases. When the hearing on the petition for review has been heard by two or more board members in a short-board case, and upon completion of the record and submission of the issues for decision and order, a written final decision and order concurred in by them then may be adopted which shall contain findings and conclusions as to each contested issue of fact and law: Provided, That in the event that the three board members consider the record and two members cannot agree on a decision, the substantive decision ((of the local government)) under appeal will control.  The board will formally adopt its final decision and order.

(3) Copies of the final decision and order shall be mailed by the board to each party to the petition for review or to the attorney or representative of record, if any.  Service upon the representative shall constitute service upon the party.

[Statutory Authority: RCW 90.58.175.  96-15-002, 461-08-555, filed 7/3/96, effective 8/3/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 461-08-360 Service of the petition for review on local government and other parties.

Washington State Code Reviser's Office