WSR 03-10-069

EXPEDITED RULES

GROWTH MANAGEMENT

HEARINGS BOARDS

[ Filed May 6, 2003, 10:19 a.m. ]

     Title of Rule: Chapter 242-02 WAC, Practice and procedure and chapter 242-04 WAC, Public records.

     Purpose: Changes boards' addresses, filing location, changes and sets date for annual joint board meeting, deletes obsolete and repealed sections, minor technical corrections.

     Statutory Authority for Adoption: RCW 36.70A.270(7).

     Statute Being Implemented: Chapter 36.70A RCW (Growth Management Act).

     Summary: See Purpose above.

     Reasons Supporting Proposal: Relocation of two boards and solidifying annual joint board meeting dates.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ed McGuire, 900 4th Avenue, Suite 2470, Seattle, WA, (206) 389-2625.

     Name of Proponent: Joint Growth Management Hearings Boards (EW, WW and CPS) (Ed McGuire), governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: 1. Corrects addresses for CPSGMHB and EWGMHB.

     2. Adds e-mail addresses.

     3. Corrects website address.

     4. Sets dates for annual and semi-annual joint board meetings.

     5. Deletes obsolete and repealed citations and references.

     6. Minor technical/administrative corrections, i.e. WWGMHB is identified as the contact and filing point for petitions for rule changes (WAC 242-02-052) and contact for the joint boards (WAC 242-04-050).

     Proposal Changes the Following Existing Rules: As noted above - nonsubstantive changes to the boards' rules.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ed McGuire, Central Puget Sound Growth Management Hearings Board, 900 4th Avenue, Suite 2470, Seattle, WA 98164, e-mail edm@cps.gmhb.wa.gov , AND RECEIVED BY July 7, 2003, 5:00 p.m.


May 6, 2003

E. G. McGuire

Board Member - CPSGMHB

Rules Coordinator

OTS-6369.1


AMENDATORY SECTION(Amending WSR 97-04-008, filed 1/24/97, effective 3/1/97)

WAC 242-02-010   Organization.   Three growth management hearings boards were established pursuant to chapter 36.70A RCW. Each board is an independent quasi-judicial agency of the state of Washington with three members appointed by the governor who are qualified by experience or training in matters pertaining to land use planning. These rules were developed ((and)), adopted, and amended jointly by all three boards pursuant to RCW 36.70A.270(7). They should be read in conjunction with the act and the Administrative Procedure Act, chapter 34.05 RCW.

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-010, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-010, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-02-010, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 00-09-094, filed 4/19/00, effective 5/20/00)

WAC 242-02-052   Petition for rule making.   (1) Right to petition for rule making. Any person may petition the joint boards for the adoption, amendment, or repeal of any rule. Said petition shall be filed with ((the Central Puget Sound board during the 1999-2001 biennium;)) the Western Washington board ((during the 2001-2003 biennium; and the Eastern Washington board during the 2003-2005 biennium)).

     (2) Form of petition. The form of the petition for adoption, amendment, or repeal of any rule shall generally adhere to the following:

     (a) A caption in the following form:


BEFORE THE JOINT GROWTH MANAGEMENT

HEARINGS BOARDS

STATE OF WASHINGTON


                                   No.

In the matter of

the Petition of          PETITION FOR RULE MAKING

(Name of Petitioner)

for Rule Making


     (b) The body of the petition shall be set out in numbered paragraphs. The first paragraph shall state the name and address of the petitioning party and whether the petitioner seeks the adoption of a new rule or rules, or amendment or repeal of an existing rule or rules. The second paragraph, in case of a proposed new rule or amendment of an existing rule, shall set forth the desired rule in its entirety. Where the petition is for repeal of an existing rule, such shall be stated and the rule proposed to be repealed shall either be set forth in full or shall be referred to by board rule number. The third paragraph shall set forth concisely the reasons for the proposal of the petitioner and shall contain a statement as to the interests of the petitioner and the subject matter of the rule. Additional numbered paragraphs may be used to give full explanation of petitioner's reason for the action sought.

     (c) The petition shall be dated and signed by the party named in the first paragraph or by the petitioner's attorney or other authorized representative. The original and nine copies shall be filed with the appropriate board at its office.

[Statutory Authority: RCW 36.70A.270(7). 00-09-094, § 242-02-052, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-02-052, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-052, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-052, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-052, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 97-04-008, filed 1/24/97, effective 3/1/97)

WAC 242-02-070   Quorum.   (1) Joint boards. For the purpose of adopting, amending or repealing these rules, at least two members of each board must concur.

     (2) Individual board. For purposes of making orders or decisions or transacting other official business, two members of a board shall constitute a quorum and may act even though one position on the board is vacant. One member or designated hearing examiner may hold hearings and take testimony. The findings of such member or hearing examiner shall not become final until approved by a majority of the board ((in accordance with WAC 242-02-840)). A board member who does not attend a hearing shall review a transcript or recording of the hearing before signing the decision. ((In instances of a tie vote, the procedures described in WAC 242-02-870 shall apply.))

[Statutory Authority: RCW 36.70A.270(7). 97-04-008, § 242-02-070, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-02-070, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 98-01-144, filed 12/19/97, effective 1/20/98)

WAC 242-02-072   Principal offices.   The principal offices of each board are as follows:


     (1)     Eastern Washington Growth

          Management Hearings Board

          ((Suite 818 Larson Building

          6 South 2nd Street

          Yakima, Washington 98901

          (509) 454-7803

          (509) 454-7292 fax))

          15 West Yakima, Suite 102

          Yakima, Washington 98902

          509-574-6960

          509-574-6964 fax

          e-mail: aandreas476@ew.gmhb.wa.gov

          website: www.gmhb.wa.gov


     (2)     Western Washington Growth

          Management Hearings Board

          905 24th Way S.W. Suite B-2

          P.O. Box 40953

          Olympia, Washington 98504-0953

          (360) 664-8966

          (360) 664-8975 fax

          e-mail: western@ww.gmhb.wa.gov

          website: www.gmhb.wa.gov


     (3) Central Puget Sound Growth

          Management Hearings Board

          ((Financial Center

          1215 Fourth Avenue, Suite 322

          Seattle, Washington 98161-1001))

          900 Fourth Avenue, Suite 2470

          Seattle, Washington 98164

          (206) 389-2625

          (206) 389-2588 fax

          e-mail: central@cps.gmhb.wa.gov

          website: www.gmhb.wa.gov

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-02-072, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-02-072, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-02-072, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-072, filed 10/15/92, effective 10/15/92.]


NEW SECTION
WAC 242-02-076   Annual and semiannual joint boards meetings.   (1) The annual joint boards meeting will be held on the first Thursday and first Friday of October of each year.

     (a) In odd-numbered years the annual joint boards meeting will be held within the Central Puget Sound board's region.

     (b) In even-numbered years the annual joint boards meeting will be held within the Eastern Washington board's region.

     (c) The location, time and agenda for the annual joint boards meeting will be posted on the boards' website (www.gmhb.wa.gov) in September of each year.

     (2) The semiannual joint boards meeting will be held on the last Thursday in April each year.

     (a) Each year the semiannual joint boards meeting will be held within the Western Washington board's region.

     (b) The location, time and agenda for the semiannual joint boards meeting will be posted on the boards' website (www.gmhb.wa.gov) in March of each year.

[]


AMENDATORY SECTION(Amending WSR 00-09-094, filed 4/19/00, effective 5/20/00)

WAC 242-02-834   Publication of final decision and orders.   Copies of all final decisions and orders are available from the board that entered the decision and order. The growth management hearings board website is ((www.gmaboards.wa.gov)) www.gmhb.wa.gov. Each board posts its decisions within its individual portion of the website and maintains a digest of its decisions.

[Statutory Authority: RCW 36.70A.270(7). 00-09-094, § 242-02-834, filed 4/19/00, effective 5/20/00; 97-04-008, § 242-02-834, filed 1/24/97, effective 3/1/97.]

OTS-6370.1


AMENDATORY SECTION(Amending WSR 00-09-094, filed 4/19/00, effective 5/20/00)

WAC 242-04-050   Communications with each board or the joint boards.   (1) All communications with a board, including but not limited to the submission of materials pertaining to its operations and/or administration or enforcement of chapter 42.17 RCW and these rules, requests for copies of each board's decisions and other matters, shall be addressed to the appropriate board's office as follows:


     (a)     Eastern Washington Growth

          Management Hearings Board

          ((Suite 818 Larson Building)) 15 West Yakima, Suite 102

          ((6 South 2nd Street)) Yakima, Washington 98902

          ((Yakima, Washington 98901)) 509-574-6960

          (((509) 454-7803)) 509-574-6964 fax

          (((509) 454-7292 fax))

          e-mail: aandreas476@ew.gmhb.wa.gov

          website: www.gmhb.wa.gov


     (b)     Western Washington Growth

          Management Hearings Board

          905 24th Way S.W. Suite B-2

          P.O. Box 40953

          Olympia, Washington 98504-0953

          (360) 664-8966

          (360) 664-8975 fax

          e-mail: western@ww.gmhb.wa.gov

          website: www.gmhb.wa.gov


     (c)     Central Puget Sound Growth

          Management Hearings Board

          ((Financial Center))

          900 Fourth Avenue, Suite 2470

          ((1215 Fourth Avenue, Suite 322))

          Seattle, Washington 98164

          ((Seattle, Washington 98161-1001))

          (206) 389-2625

          (206) 389-2588 fax

          e-mail: central@cps.gmhb.wa.gov

          website: www.gmhb.wa.gov


     (2) All communications with the joint boards shall be addressed in care of ((the Central Puget Sound board during the 1999-2001 biennium;)) the Western Washington board ((during the 2001-2003 biennium; and the Eastern Washington board during the 2003-2005 biennium)).

[Statutory Authority: RCW 36.70A.270(7). 00-09-094, § 242-04-050, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-04-050, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-04-050, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-050, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-04-050, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-04-050, filed 10/15/92, effective 10/15/92.]

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