Original Notice.

     Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

     Title of Rule: OAPCA Regulation 1, Article 3, Section 3.15.

     Purpose: To allow the executive director, or designee, to act as hearings officer in absence of the board of directors.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: Chapter 70.94 RCW.

     Summary: This change will allow the executive director, or a designee, to act as a hearing officer in the event that a public hearing is held during a time that the board of directors is not available.

     Reasons Supporting Proposal: On occasion a hearing needs to be scheduled at a time other than our regularly scheduled board of directors' meeting.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Richard Stedman, Executive Director, 909 Sleater Kinney Road S.E., #1, Lacey, WA 98503, (360) 438-8768.

     Name of Proponent: Olympic Air Pollution Control Authority, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Currently OAPCA's board holds permitted or required hearings. In the event the board is not available, the current section allows for the board to appoint a hearings officer, however, it shall be an attorney. The change will allow the board to appoint the executive director as hearings officer.

     This change will allow for alternate dates for hearings. This will allow the authority and their sources the flexibility needed to expedite permits as needed.

     Proposal Changes the Following Existing Rules: This change will allow the executive director to act as hearings officer.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the Regulatory Fairness Act (chapter 19.85 RCW) because air pollution control authorities are not deemed state agencies (RCW 70.94.141).

     RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E., #1, Lacey, WA 98503, on December 12, 2001, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Craig Weckesser by December 3, 2001.

     Submit Written Comments to: Richard Stedman, Executive Director, Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E., #1, Lacey, WA 98503, fax (360) 491-6308, by December 11, 2001.

     Date of Intended Adoption: December 12, 2001.

October 23, 2001

Richard Stedman

Executive Director

SECTION 3.15 APPOINTMENT OF HEARING OFFICER

     (a) In all instances where the Board is permitted or required to hold hearings under the provisions of Chapter 70.94 RCW, such hearings shall be held before the Board; or the Board may appoint a hearing officer, who shall be ((an attorney admitted to practice in the state)) the Executive Director of the Authority or his/her designee to hold such hearings.

     (b) A duly appointed hearing officer shall have all the powers, rights and duties of the Board relating to the ((conduct of)) hearings.

     (((c) At the conclusion of a hearing at which the hearing officer has presided, the hearing officer shall prepare written findings of fact and conclusions of law and a recommended decision. Parties to the proceeding shall be notified of the proposed decision as provided in RCW 34.04.110 through 34.04.120, as now or hereafter amended.))

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