WSR 03-09-079




[ Filed April 17, 2003, 8:44 a.m. ]

     Original Notice.

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

     Title of Rule: Appeals from decisions under Gorge Commission ordinances. This rule is the appellate procedural rule for filing an appeal of a land use decision by the executive director of the Columbia River Gorge Commission.

     Purpose: The purpose of the rule is to define the process and standards used by the Gorge Commission in hearing appeals of land use decisions by the executive director of the Gorge Commission.

     Other Identifying Information: Commission Rule 350-70.

     Statutory Authority for Adoption: 16 U.S.C. § 544c(b), RCW 42.97.015.

     Statute Being Implemented: 16 U.S.C. § 544c(b), RCW 42.97.015.

     Summary: This rule making is to amend the rules to clarify, simplify, and expedite the appeals process.

     Reasons Supporting Proposal: The proposal contains amendments that have long been sought by appellate parties.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jeffrey Litwak, Counsel, P.O. Box 730, White Salmon, WA 98672, (509) 493-3323.

     Name of Proponent: Columbia River Gorge Commission, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: This rule governs the Gorge Commission process and standards for appeals of land use decisions by the executive director of the Gorge Commission. The Gorge Commission has implemented this rule since 1993 in substantially the same form. Over the past ten years, the Gorge Commission and frequent appellants under the rules have identified changes that will clarify, simplify, and expedite the process.

     Proposal Changes the Following Existing Rules: Significant changes include: Changing the role of the executive director from being a "party" to the appeal, to being the staff of the commission; allowing filing by fax for uncontested motions (350-70-040(6)); allowing filing to be accomplished by mail, instead of by receipt at the commission office (350-70-040(6)); requiring appellants to note whether they are willing to try ADR to settle the case, in which case the Gorge Commission would facilitate ADR (350-70-085); including a process for filing motions and responses to motions, and for expedited motions (350-70-120); revising the appeal hearing to resemble a local government de novo appeal hearing (350-70-140); allowing any person to testify at the appeal hearing instead of only persons who have intervened; allowing intervention to participate in prehearing matters (350-70-170); allowing stipulated motions for extensions of time to be automatic for the first one, and presumed granted for all subsequent extensions (350-70-200 (4) - (6)); allowing for involuntary dismissal of an appeal by the commission when the appeal is moot or not diligently prosecuted (350-70-225); allowing the executive director to request a voluntary remand of a case under certain circumstances and deleting the requirement that the commission identify "error" in the executive director's decision (350-70-230).

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules are process and procedural and do not target small businesses.

     RCW 34.05.328 does not apply to this rule adoption. The proposed amendments are not a "significant legislative rule" under RCW 34.05.328 (3)(c)(iii).

     Hearing Location: Discovery Center, 5000 Discovery Drive, The Dalles, Oregon, on June 10, 2003, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Nancy Andring by June 6, 2003, 9:00 a.m.

     Submit Written Comments to: Columbia River Gorge Commission, P.O. Box 730, White Salmon, WA 98672, fax (509) 493-2229, by June 2, 2003.

     Date of Intended Adoption: June 10, 2003.

April 14, 2003

Nancy Andring

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-10 issue of the Register.

Legislature Code Reviser 


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