WSR 07-23-069



[ Filed November 19, 2007, 10:22 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 371-08-330 Board decision making on appeals.

WAC 371-08-330 is a procedural rule which establishes which appeals the pollution control hearings board will hear as short-board appeals. Short-board appeals are appeals heard and decided by one member of the pollution control hearings board.

Hearing Location(s): Environmental Hearings Office, 4224 6th Avenue S.E., Building 2, Lacey, WA 98504-0903, on January 3, 2008, at 1:30 p.m.

Date of Intended Adoption: January 8, 2008.

Submit Written Comments to: Kay Brown, Environmental Hearings Office, 4224 6th Avenue S.E., Building 2, Lacey, WA 98504-0903, e-mail, fax (360) 438-7699, by January 3, 2008.

Assistance for Persons with Disabilities: Contact Robyn Bryant by phone (360) 459-6327.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the amendment to WAC 371-08-330 is to increase, from $5,000 to $15,000, the maximum amount of a penalty which can be reviewed by a single board member in a short-board appeal. This increase makes the rule consistent with the authorizing statute, RCW 43.21B.305, which allows a single board member to hear and decide an appeal of a penalty of 15,000 or less.

Reasons Supporting Proposal: The statute was amended in 2005 and a rule amendment was overlooked at that time. This amendment will make the rule consistent with the statute.

Statutory Authority for Adoption: Chapters 43.21B, 34.05 RCW.

Statute Being Implemented: RCW 43.21B.310.

Name of Proponent: Environmental hearings office, governmental.

Name of Agency Personnel Responsible for Drafting: Kay Brown, Environmental Hearings Office, (360) 459-6327; Implementation and Enforcement: Kathleen D. Mix, Environmental Hearings Office, (360) 459-6327.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No statement is required for adoption of rules because this rule amendment does not impose costs on businesses.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required because WAC 371-08-330 is a rule dealing with procedures for an agency hearing, see RCW 34.05.328 (5)(c)(i).

November 19, 2007

Kathleen D. Mix, Chair

Pollution Control Hearings Board


AMENDATORY SECTION(Amending WSR 96-15-003, filed 7/3/96, effective 8/3/96)

WAC 371-08-330   Board decision making on appeals.   The number of board members required to make a decision on a case differs depending on the type of case.

(1) Short-board appeals. Pursuant to RCW 43.21B.305, ((cases)) an appeal that involves ((an appeal of)) a ((civil)) penalty of ((five)) fifteen thousand dollars or less imposed by the department of ecology, another state agency or an air pollution control authority may be heard by a single member of the board. Such ((cases)) appeals are called short-board appeals. The decision of that single member shall be the final decision of the entire board.

(2) Full-board appeals. All other types of appeals are called full-board appeals. The chairperson may assign a single member to hold the hearing in a full-board appeal; however, at least two members shall review the record and issue a decision. Two members of the board shall constitute a quorum for making a decision and may act although one position on the board is vacant or one board member is unavailable.

(3) Administrative appeals judges. For both full-board and short-board cases, the chairperson may appoint an administrative appeals judge from the environmental hearings office to be the presiding officer.

[Statutory Authority: RCW 43.21B.170. 96-15-003, 371-08-330, filed 7/3/96, effective 8/3/96.]

Washington State Code Reviser's Office