WSR 08-02-078

EXPEDITED RULES

GROWTH MANAGEMENT

HEARINGS BOARDS

[ Filed December 31, 2007, 9:45 a.m. ]

Title of Rule and Other Identifying Information: Chapter 242-02 WAC, Practice and procedures: WAC 242-02-910, 242-02-920, and 242-02-930.

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Julie Ainsworth-Taylor, Rules Coordinator, Joint Boards, Growth Management Hearings Boards, 800 Fifth Avenue, Suite 2356, Seattle, WA 98104 , AND RECEIVED BY March 31, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose of these amendments is to repeal nonmandatory language pertaining to procedures for filing of a petition for declaratory ruling and its subsequent disposition.

Reasons Supporting Proposal: These sections of the WAC were adopted by the boards in 1992/1994. Pursuant to RCW 34.05.240(2) such rules are discretionary. The growth management hearings boards have determined that the rules promulgated in this regard are no longer necessary for the administration of chapter 36.70A RCW. These rules pertain solely to procedural requirements relating to hearings before this agency (exempt from CR-101 filing: RCW 34.05.310 (4)(g)(i)).

Statutory Authority for Adoption: RCW 36.70.270(7).

Statute Being Implemented: Chapter 36.70A RCW.

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

Name of Proponent: Growth management hearings boards (Eastern, Western, and Central Puget Sound), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Julie Ainsworth-Taylor, 800 Fifth Avenue, Suite 2356, Seattle, WA 98104, (206) 389-2625.

December 31, 2007

James J. McNamara

Chair, Rules Committee

OTS-1270.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 242-02-910 Petitions for declaratory ruling.
WAC 242-02-920 Declaratory ruling -- Notice to other persons.
WAC 242-02-930 Declaratory ruling -- Disposition of petition.

Washington State Code Reviser's Office