PROPOSED RULES
HEARINGS BOARD
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Amendment to WAC 371-08-450 Motions.
Purpose: The purpose is to eliminate the requirement that the parties file a note for hearing when motions are filed.
Statutory Authority for Adoption: RCW 43.21B.170.
Statute Being Implemented: Chapter 43.21B RCW.
Summary: The proposed amendment would remove a procedural requirement related to the filing and processing of motions. The amendment would eliminate the need for the parties to file a formal note for hearing.
Reasons Supporting Proposal: The amendment would provide better efficiency. Given the complexity of the issues considered by the board, it is more efficient for the board to simply advise the parties of any hearing date rather than have the parties themselves make such notice.
Name of Agency Personnel Responsible for Drafting: Deborah L. Mull, Environmental Hearings Office, (360) 459-6327; Implementation and Enforcement: Robert V. Jensen, Environmental Hearings Office, (360) 459-6327.
Name of Proponent: Pollution Control Hearings Office, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment removes the requirement of the parties to notify the other parties of any motion hearing date. Currently, the board sends out notices to all the parties so the requirement is redundant and unnecessary.
Proposal does not change existing rules. The proposal would amend WAC 371-08-450. The proposed amendment would eliminate the need for the parties to file a formal note for hearing.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small economic impact statement is not required for adoption of rules described in RCW 34.05.310(4). The proposed amendment is a rule described in RCW 34.05.310(4). Specifically, the proposed amendment is a rule that adopts, amends or repeals "a procedure, practice, or requirement relating to agency hearings." RCW 34.05.310 (4)(g)(i).
RCW 34.05.328 does not apply to this rule adoption. The Pollution Control Hearings Board is not an agency specifically listed in RCW 34.05.328.
Hearing Location: Environmental Hearings Office, 4224 6th Avenue S.E., Lacey, WA, on November 30, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Deborah L. Mull by November 16, 2001.
Submit Written Comments to: Deborah L. Mull, Environmental Hearings Office, P.O. Box 40903, Lacey, WA 98504-0903, fax (360) 438-7699, by December 21, 2001.
Date of Intended Adoption: January 14, 2002.
September 24, 2001
Deborah L. Mull
Administrative Appeals Judge
(2) For motions for continuance or for schedule changes, or other motions that are likely to be uncontested, the moving party shall affirmatively seek the stipulation of all parties and present a stipulated order wherever possible.
(3) If the motion is contested, any party may request that
the board hold a motion hearing. The presiding officer will
decide whether or not a motion hearing will be held and notify
the parties accordingly. At a motion hearing, the board will
consider the arguments of the parties but will not take evidence.
Unless a motion hearing is requested by one or more parties, or
the board independently sets a motion hearing date, the board
will normally decide the motion exclusively on the parties'
written submissions. Where any party requests a motion hearing,
that party shall procure from the hearing coordinator an
available date for the motion hearing and prepare a note that
sets the time, date and location of the motion hearing. The
moving party shall note the motion for hearing on a date deemed
by the hearing coordinator to be available for that purpose. The
motion, order and note for motion hearing shall then be filed and
served. If a motion hearing is set by the presiding officer and
is to be held by phone Where the hearing coordinator specifies
that the motion hearing shall be telephonic, the moving party
shall originate the telephonic hearing conference call.
(4) Unless a scheduling letter or order provides otherwise, the following schedule governs all written motions (including any supporting affidavits, memoranda of law, or other documentation):
(a) All responses to any motion shall be filed and served ten days from the date the motion is received. The moving party shall then have seven days from receipt of the response to file and serve a reply.
(b) In cases where the moving party requests a motion hearing, all dispositive motions shall be filed and served not later than twenty-eight days before the motion hearing.
(c) All dispositive motions shall be filed and served not later than forty-five days before the secondary hearing date, or, if no secondary date applies, the primary hearing date, unless the presiding officer by order allows otherwise.
(d) In exigent or exceptional circumstances, a party may at any time request the board to modify the above schedules by requesting a scheduling conference (which may be telephonic) with the presiding officer.
(5) The board will decide a motion on the written record unless the presiding officer orders a motion hearing.
[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-450, filed 7/3/96, effective 8/3/96.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.