WSR 11-05-086




[ Filed February 15, 2011, 3:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-15-001.

Title of Rule and Other Identifying Information: Repeal of chapter 242-02 WAC, Practice and procedure before the growth management hearings board.

Hearing Location(s): In Eastern Washington, Spokane Public Library, Downtown Branch, 906 West Main Avenue, Spokane, WA 99201, phone (509) 444-5300, on April 8, 2011, at 11:00 a.m.; and in Western Washington, Environmental Hearings Office, 1111 Israel Road S.W., Suite 301, Tumwater, WA 98501, phone (360) 664-9160, on May 4, 2011, at 10:30 a.m.

Date of Intended Adoption: May 4, 2011.

Submit Written Comments to: Julie Ainsworth-Taylor, 319 7th Avenue S.E., Suite 103, P.O. Box 40953, Olympia, WA 98504-0953, e-mail, fax (425) 441-8250, by April 29, 2011.

Assistance for Persons with Disabilities: Contact Paulette Yorke by April 1, 2011 (eastern Washington hearing); by April 27, 2011 (western Washington hearing), e-mail or (360) 586-0260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 36.70A.270(7) authorizes the board to develop and adopt rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals. In 1992, the then existing three growth management hearings boards adopted joint rules. These rules have been minimally amended since that time. Therefore, the board has conducted, in conjunction with interested parties, a comprehensive evaluation of its rules and determined that due to the need for extensive modifications, chapter 242-02 WAC, the board's existing rules will be repealed in their entirety and replaced with new rules, chapter 242-03 WAC.

Reasons Supporting Proposal: Chapter 242-02 WAC is being repealed in its entirety do to extensive modifications revealed during the board's comprehensive review process. Chapter 242-03 WAC replaces chapter 242-02 WAC.

Statutory Authority for Adoption: RCW 36.70A.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 board, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Julie Ainsworth-Taylor, Olympia, Washington, (425) 441-8250.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules only apply to practice and procedure before quasi-judicial boards, the growth management hearings board.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules only apply to practice and procedure before quasi-judicial boards, the growth management hearings board.

February 15, 2011

James J. McNamara

Chair, Rules Committee


     The following chapter of the Washington Administrative Code is repealed:
WAC 242-02-010 Organization.
WAC 242-02-015 Regional panels.
WAC 242-02-020 Function -- Local deference.
WAC 242-02-030 Jurisdiction.
WAC 242-02-040 Definitions.
WAC 242-02-050 Rules.
WAC 242-02-052 Petition for rule making.
WAC 242-02-054 Petition for rule making -- Consideration and disposition.
WAC 242-02-060 Computation of time.
WAC 242-02-070 Quorum.
WAC 242-02-072 Board office.
WAC 242-02-074 Regular meetings.
WAC 242-02-075 Special meeting.
WAC 242-02-076 Annual and semiannual board meetings.
WAC 242-02-080 Form and size of documents.
WAC 242-02-090 Case numbering.
WAC 242-02-110 Appearance and practice before the board -- Who may appear.
WAC 242-02-115 Authorized representatives.
WAC 242-02-120 Rules of professional conduct.
WAC 242-02-130 Ex parte communication.
WAC 242-02-140 Signing of pleadings, motions, and legal memoranda.
WAC 242-02-150 Teleconference proceeding.
WAC 242-02-210 Petition for review -- Forms -- Contents.
WAC 242-02-220 Petition for review -- Time for filing.
WAC 242-02-230 Petition for review -- Service and filing.
WAC 242-02-240 Date of filing -- Facsimile and electronic mail.
WAC 242-02-250 Notice of appearance and answer.
WAC 242-02-255 Governor certified standing.
WAC 242-02-260 Amendments to petitions for review and answers.
WAC 242-02-270 Intervention.
WAC 242-02-280 Amicus.
WAC 242-02-290 Direct review by superior court -- Procedures.
WAC 242-02-292 Direct review by superior court -- Agreement of the parties.
WAC 242-02-295 Board filing with superior court -- Certificate of agreement.
WAC 242-02-310 Service of papers.
WAC 242-02-320 Method of service.
WAC 242-02-330 Service of papers -- When complete.
WAC 242-02-340 Proof of service -- Declaration.
WAC 242-02-410 Discovery -- Limitation.
WAC 242-02-420 Subpoena -- Issuance.
WAC 242-02-510 Notice of hearing -- Setting of time and place.
WAC 242-02-520 Record.
WAC 242-02-52001 Exhibits.
WAC 242-02-52002 Documentary evidence.
WAC 242-02-521 Designation of presiding officer.
WAC 242-02-522 Presiding officer -- Powers and duties.
WAC 242-02-530 Motions -- Requirements.
WAC 242-02-532 Motions -- Time for filing and hearing.
WAC 242-02-533 Motion to disqualify for cause.
WAC 242-02-534 Response to motions.
WAC 242-02-540 New or supplemental evidence.
WAC 242-02-550 Prehearing conference.
WAC 242-02-552 Prehearing conference -- When held.
WAC 242-02-556 Prehearing conference -- Failure to supply information.
WAC 242-02-558 Prehearing conference -- Agreements.
WAC 242-02-560 Settlement extensions -- Continuances.
WAC 242-02-570 Briefs.
WAC 242-02-580 Stipulation to the facts.
WAC 242-02-582 Waiver of parties' appearance.
WAC 242-02-610 Hearing -- Testimony under oath -- Interpreters.
WAC 242-02-612 Hearing -- Interpreters.
WAC 242-02-620 Hearing -- Reporting -- Recording--Recording devices.
WAC 242-02-630 Presumption of validity.
WAC 242-02-632 Burden of proof.
WAC 242-02-634 Standard of proof.
WAC 242-02-640 Hearing -- Procedures at hearing.
WAC 242-02-650 Rules of evidence -- Admissibility criteria.
WAC 242-02-660 Official notice -- Matters of law.
WAC 242-02-670 Official notice -- Material facts.
WAC 242-02-680 Hearings -- Board questions.
WAC 242-02-710 Failure to attend -- Default or dismissal -- Setting aside.
WAC 242-02-720 Dismissal of action.
WAC 242-02-810 Presentation of post hearing matters.
WAC 242-02-830 Final decision and order -- Basis.
WAC 242-02-831 Final decision and order -- Compliance, noncompliance, invalidity.
WAC 242-02-832 Reconsideration.
WAC 242-02-833 Invalidity -- Hearing pursuant to motion to clarify, modify or rescind.
WAC 242-02-834 Publication of final decision and orders.
WAC 242-02-880 Transcripts.
WAC 242-02-890 Determination of noncompliance -- Compliance schedule.
WAC 242-02-891 Compliance -- Notice of hearing.
WAC 242-02-89201 Intent to participate in compliance hearings.
WAC 242-02-893 Compliance -- Hearing.
WAC 242-02-894 Compliance -- Hearing pursuant to motion -- Rescinding invalidity.
WAC 242-02-896 Continued noncompliance -- Recommendation to the governor.
WAC 242-02-898 Appeals of a board's final decision.
WAC 242-02-899 Record on review.

Washington State Code Reviser's Office