reglab/housing_qa huggingface dataset:
WA Rev Code § 43.21B.160 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.160 - Appeals—Generally.

RCW 43.21B.160 Appeals—Generally.In all appeals, the hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the Administrative Procedure Act. The hearings board, and each member thereof, shall be subject to all duties imposed upon, and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings. In the case of appeals within the jurisdiction of the hearings board, the hearings board, or any member thereof, may obtain such assistance, including the making of field investigations, from the staff of the director as the hearings board, or any member thereof, may deem necessary or appropriate. Any communication, oral or written, from the staff of the director to the hearings board shall be presented only in an open hearing.[ 1995 c 382 § 2; 1990 c 65 § 5; 1989 c 175 § 103; 1974 ex.s. c 69 § 3; 1970 ex.s. c 62 § 46.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 43.21B.170 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.170 - Proceedings conducted in accordance with published board rules and regulations.

RCW 43.21B.170 Proceedings conducted in accordance with published board rules and regulations.All proceedings before the hearings board or any of its members shall be conducted in accordance with such rules of practice and procedure as the hearings board may prescribe. The hearings board shall publish such rules and arrange for the reasonable distribution thereof.[ 1995 c 382 § 3; 1970 ex.s. c 62 § 47.]
WA Rev Code § 43.21B.175 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.175 - Mediation.

RCW 43.21B.175 Mediation.In all appeals, upon request of one or more parties and with the consent of all parties, the environmental hearings boards may schedule a conference for the purpose of attempting to mediate the case. Mediation must be conducted by an administrative appeals judge or other duly authorized agent of the board who has received training in dispute resolution techniques or has a demonstrated history of successfully resolving disputes, as determined by the board. A person who mediates in a particular appeal may not participate in a hearing on that appeal and may not write the decision and order in the appeal. The mediator may not communicate with board members regarding the mediation other than to inform them of the pendency of the mediation and whether the case settled. Mediation provided by the environmental hearings boards must be conducted pursuant to the provisions of the uniform mediation act, chapter 7.07 RCW.[ 2010 c 210 § 9.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
WA Rev Code § 43.21B.180 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.180 - Judicial review—Right of review of decisions pursuant to RCW 43.21B.110.

RCW 43.21B.180 Judicial review—Right of review of decisions pursuant to RCW 43.21B.110. Any party aggrieved by a final decision and order of the pollution control hearings board may obtain judicial review of the final decision and order as provided in RCW 34.05.510 through 34.05.598. The state or local agency that issued the decision appealed to the board shall have the same right of review from a decision made pursuant to RCW 43.21B.110 as does any person.[ 2010 c 210 § 10; 1994 c 253 § 6; 1989 c 175 § 104; 1970 ex.s. c 62 § 48.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 43.21B.230 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.230 - Appeals of agency actions.

RCW 43.21B.230 Appeals of agency actions.(1) Unless otherwise provided by law, any person with standing may commence an appeal to the pollution control hearings board by filing a notice of appeal with the board within thirty days from the date of receipt of the decision being appealed.(2) The appeal is timely if it is filed with the board and served upon the state or local agency whose action is being appealed within the same thirty-day period. Proof of service must be filed with the clerk of the hearings board to perfect the appeal.(3) The appeal must contain the following in accordance with the rules of the hearings board:(a) The appellant's name and address;(b) The date and docket number of the order, permit, license, or decision appealed;(c) A copy of the order, permit, license, or decision that is the subject of the appeal;(d) A clear, separate, and concise statement of every error alleged to have been committed;(e) A clear and concise statement of facts upon which the requester relies to sustain his or her statements of error; and(f) A statement setting forth the relief sought.[ 2010 c 210 § 11; 2004 c 204 § 3; 1997 c 125 § 2; 1994 c 253 § 8; 1990 c 65 § 6; 1970 ex.s. c 62 § 53.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
WA Rev Code § 43.21B.240 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.240 - Department—Air authorities—Adjudicative proceedings, may not conduct.

RCW 43.21B.240 Department—Air authorities—Adjudicative proceedings, may not conduct.The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act, chapter 34.05 RCW. Such hearings shall be held by the pollution control hearings board.[ 1989 c 175 § 105; 1987 c 109 § 9; 1970 ex.s. c 62 § 54.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 43.21B.250 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.250 - Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.

RCW 43.21B.250 Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.(1) All challenges in regard to the consistency of the rules adopted pursuant to RCW 43.21C.120 and with the rules and guidelines adopted pursuant to RCW 43.21C.110 shall be initiated by filing a petition for review with the pollution control hearings board in accordance with rules of practice and procedures promulgated by the hearings board.(2) All challenges to the hearings board provided under this section shall be decided on the basis of conformance of rules, with the applicable rules and guidelines adopted pursuant to RCW 43.21C.110. The board may in its discretion require briefs, testimony, and oral arguments.(3) The decisions of the hearings board authorized under this section shall be final.[ 1974 ex.s. c 179 § 9.]NOTES:Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
WA Rev Code § 43.21B.260 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.260 - Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.

RCW 43.21B.260 Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.Activated air pollution control authorities, established under chapter 70A.15 RCW, may file certified copies of their regulations and amendments thereto with the pollution control hearings board of the state of Washington, and the hearings board shall take judicial note of the copies so filed and the said regulations and amendments shall be received and admitted, by reference, in all hearings before the board, as prima facie evidence that such regulations and amendments on file are in full force and effect.[ 2020 c 20 § 1037; 1974 ex.s. c 69 § 5.]
WA Rev Code § 43.21B.305 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.305 - Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.

RCW 43.21B.305 Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.(1) In an appeal that involves a penalty of fifteen thousand dollars or less or that involves a derelict or abandoned vessel under RCW 79.100.120, the appeal may be heard by one member of the board, whose decision shall be the final decision of the board. The board shall define by rule alternative procedures to expedite appeals involving penalties of fifteen thousand dollars or less or involving a derelict or abandoned vessel. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals.(2) For appeals that involve a derelict or abandoned vessel under RCW 79.100.120 only, an administrative law judge employed by the board may be substituted for a board member under this section.[ 2013 c 291 § 44; 2005 c 34 § 2; 1994 c 253 § 5.]
WA Rev Code § 43.21B.310 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.310 - Appeal of orders.

RCW 43.21B.310 Appeal of orders.(1) The issuing agency in its discretion may stay the effectiveness of any order that has been appealed to the board during the pendency of such an appeal.(2) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21B.320 to the hearings board for a stay of the order or for the removal thereof.(3) Upon failure to comply with any final order of the department, the attorney general, on request of the department, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary, including injunctive relief, to ensure compliance with the order. The air authorities may bring similar actions to enforce their orders.(4) An appealable decision or order shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed only by filing an appeal with the hearings board and serving it on the issuing agency within thirty days of the date of receipt.[ 2010 c 210 § 13. Prior: 2009 c 456 § 18; 2009 c 178 § 3; 2004 c 204 § 5; prior: 2001 c 220 § 4; 2001 c 36 § 3; 1992 c 73 § 3; 1989 c 2 § 14 (Initiative Measure No. 97, approved November 8, 1988); (1987 3rd ex.s. c 2 § 49 repealed by 1989 c 2 § 24, effective March 1, 1989); 1987 c 109 § 6.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.Effective dates—1992 c 73: See RCW 82.23B.902.Short title—Construction—Existing agreements—Effective date—1989 c 2: See RCW 70A.305.900 and 70A.305.902 through 70A.305.904, respectively.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 43.21B.320 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.320 - Stays of orders.

RCW 43.21B.320 Stays of orders.(1) A person appealing to the hearings board an order, not stayed by the issuing agency, may obtain a stay of the effectiveness of that order only as set forth in this section.(2) An appealing party may request a stay by including such a request in the appeal document, in a subsequent motion, or by such other means as the rules of the hearings board shall prescribe. The request must be accompanied by a statement of grounds for the stay and evidence setting forth the factual basis upon which request is based. The hearings board shall hear the request for a stay as soon as possible. The hearing on the request for stay may be consolidated with the hearing on the merits.(3) The applicant may make a prima facie case for stay if the applicant demonstrates either a likelihood of success on the merits of the appeal or irreparable harm. Upon such a showing, the hearings board shall grant the stay unless the issuing agency demonstrates either (a) a substantial probability of success on the merits or (b) likelihood of success on the merits and an overriding public interest which justifies denial of the stay.(4) Unless otherwise stipulated by the parties, the hearings board, after granting or denying an application for a stay, shall expedite the hearing and decision on the merits.(5) Any party or other person aggrieved by the grant or denial of a stay by the hearings board may petition the superior court for Thurston county for review of that decision pursuant to chapter 34.05 RCW pending the appeal on the merits before the board. The superior court shall expedite its review of the decision of the hearings board.[ 2010 c 210 § 14; 1987 c 109 § 7.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 43.21B.330 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.330 - Summary procedures.

RCW 43.21B.330 Summary procedures.The hearings board shall develop procedures for summary procedures, consistent with the rules of civil procedure for superior court on summary judgment, to decide cases before it. Such procedures may include provisions for determinations without an oral hearing or hearing by telephonic means.[ 1987 c 109 § 8.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 43.21B.900 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.|43.21B.900 - Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.

RCW 43.21B.900 Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.See notes following RCW 43.21A.010.
WA Rev Code § 43.21C.010 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21C - State Environmental Policy.|43.21C.010 - Purposes.

RCW 43.21C.010 Purposes.The purposes of this chapter are: (1) To declare a state policy which will encourage productive and enjoyable harmony between humankind and the environment; (2) to promote efforts which will prevent or eliminate damage to the environment and biosphere; (3) and [to] stimulate the health and welfare of human beings; and (4) to enrich the understanding of the ecological systems and natural resources important to the state and nation.[ 2009 c 549 § 5095; 1971 ex.s. c 109 § 1.]
WA Rev Code § 43.21C.020 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21C - State Environmental Policy.|43.21C.020 - Legislative recognitions—Declaration—Responsibility.

RCW 43.21C.020 Legislative recognitions—Declaration—Responsibility.(1) The legislature, recognizing that a human being depends on biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of a human being's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource utilization and exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of human beings, declares that it is the continuing policy of the state of Washington, in cooperation with federal and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to: (a) Foster and promote the general welfare; (b) create and maintain conditions under which human beings and nature can exist in productive harmony; and (c) fulfill the social, economic, and other requirements of present and future generations of Washington citizens.(2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:(a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;(c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;(d) Preserve important historic, cultural, and natural aspects of our national heritage;(e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;(f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and(g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.(3) The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.[ 2009 c 549 § 5096; 1971 ex.s. c 109 § 2.]
WA Rev Code § 43.21C.0301 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21C - State Environmental Policy.|43.21C.0301 - Decisions not subject to RCW 43.21C.030.

RCW 43.21C.0301 Decisions not subject to RCW 43.21C.030.(1) Decisions made under RCW 36.70A.720 pertaining to work plans, as defined in RCW 36.70A.703, are not subject to the requirements of RCW 43.21C.030(2)(c).(2) Decisions made by a county under RCW 36.70A.710 on whether to participate in the voluntary stewardship program established by RCW 36.70A.705 are not subject to the requirements of RCW 43.21C.030(2)(c).[ 2011 c 360 § 19.]NOTES:Purpose—Intent—Conflict with federal requirements—2011 c 360: See RCW 36.70A.700 and 36.70A.904.
WA Rev Code § 43.21C.031 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.21C - State Environmental Policy.|43.21C.031 - Significant impacts.

RCW 43.21C.031 Significant impacts.(1) An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The environmental impact statement may be combined with the recommendation or report on the proposal or issued as a separate document. The substantive decisions or recommendations shall be clearly identifiable in the combined document. Actions categorically exempt under RCW 43.21C.110(1)(a) and 43.21C.450 do not require environmental review or the preparation of an environmental impact statement under this chapter. (2) An environmental impact statement is required to analyze only those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies and the public to identify such impacts and limit the scope of an environmental impact statement. The subjects listed in RCW 43.21C.030(2)(c) need not be treated as separate sections of an environmental impact statement. Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated should be consolidated or included, as applicable, in those sections of an environmental impact statement where the responsible official decides they logically belong.[ 2012 1st sp.s. c 1 § 302; 1995 c 347 § 203; 1983 c 117 § 1.]NOTES:Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.