reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-050 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
In order to implement the provisions of RCW 42.17 requiring
				agencies to enact reasonable rules to protect public records from damage or
				disorganization, the following rules have been adopted.
(1) Copying of public documents shall be done
			 by department personnel and under the supervision of said personnel, upon the
			 request of members of the public under the procedures set down in WAC
			 240-20-046, and with the approval
			 of the clerk of the committee.
(2)
			 No document shall be physically removed by a member of the public from the area
			 designated by the department for the public inspection of documents for any
			 reason whatever.
(3) When a member
			 of the public requests to examine an entire file or group of documents, as
			 distinguished from a request to examine certain individual documents which can
			 be identified and supplied by themselves, the committee shall be allowed a
			 reasonable time to inspect the file to determine whether information protected
			 from disclosure by RCW    42.17.310 is contained therein, and the committee shall
			 not be deemed in violation of its obligation to reply promptly to requests for
			 public documents by reason of causing such an inspection to be
			 performed.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-050, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-052 - Denial of request for public records

Current through Register Vol. 24-14, July 15, 2024
Each denial of a request for a public record shall be
				accompanied by a written statement to the person requesting the record clearly
				specifying the reasons for the denial, including a statement of the specific
				exemption authorizing the withholding of the record and a brief explanation of
				how the exemption applies to the record withheld. Such statement shall be
				sufficiently clear and complete to permit the chair of the committee to review
				the denial in accordance with WAC
				240-20-054.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-052, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-054 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
Any person who objects to the denial of a request for a public
				record may request the attorney general to review the matter subject to RCW    42.17.325.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-054, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-056 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The committee
			 has available to all persons at the department's offices in Olympia a current
			 index which provides identifying information as to the following records
			 issued, adopted, or promulgated by the committee:
(a) Minutes of committee meetings, state
			 legislation, and proposed rules and regulations pertaining to committee
			 standards.
(b) Those statements of
			 policy and interpretations of policy, statute, and the constitution which have
			 been adopted by the committee;
(c)
			 Administrative staff manuals and instructions to staff that affect a member of
			 the public;
(d) Planning policies
			 and goals, interim and final planning decisions, and application
			 guidelines;
(e) Factual staff
			 reports and studies, factual consultant's reports and studies, scientific
			 reports and studies, and any other factual information derived from tests,
			 studies, reports, or surveys, whether conducted by public employees or
			 others.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-058 - Availability of index

Current through Register Vol. 24-14, July 15, 2024
The current index promulgated by the committee shall be
				available to all persons under the same rules and on the same conditions as are
				applied to public records available for inspection.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-058, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-060 - Application guidelines

Current through Register Vol. 24-14, July 15, 2024
The committee shall prepare application guidelines for all fund
				accounts. At a minimum, such guidelines shall include all application forms
				needed and instructions on how to apply, sufficient information as to the
				scoring process to enable applicants to fairly compete, and a complete time
				schedule identifying key milestones from the opening of the application period
				to final project selection. Such guidelines shall be available upon request to
				the public records officer at least thirty days prior to the date applications
				are due to the committee.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-060, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-065 - Notification of funding availability

Current through Register Vol. 24-14, July 15, 2024
The committee shall ensure that notification of the
				availability of funds from the accounts identified in WAC
				240-20-010 will be done no less
				than thirty calendar days prior to the date by which applications must be
				received. Minimum notification shall mean publishing a notice in at least five
				newspapers with general circulation and maximum geographic distribution within
				Washington state. Such notice shall include the name of the account or
				accounts, a short description of the account identifying its purpose, and an
				address and telephone number by which means an interested party can obtain
				further information and all application materials.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-065, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-070 - Program and project selection process

Current through Register Vol. 24-14, July 15, 2024
The program and project selection process shall consist of the
				following steps for each account.
(1)
			 The committee shall create a technical review team. Membership on such team
			 shall be at the discretion of the committee, but shall represent diversified
			 interests and geographical distribution. Such team shall be responsible for
			 screening applications for completeness. Those applications failing to meet the
			 requirements set forth in the application guidelines identified in WAC
			 240-20-060 shall be recommended
			 for rejection. The team shall then score each application deemed complete and
			 prepare a preliminary ranked list of applications to present to the committee.
			 All applicants shall be notified in writing as to their preliminary score and
			 ranking.
(2) The committee shall
			 review the applications and the recommended ranking of programs and projects
			 received from the technical review team. The committee shall make the final
			 selection of programs and projects.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-070, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-075 - Supplemental applications

Current through Register Vol. 24-14, July 15, 2024
After program and project selection, circumstances may develop
				wherein unobligated funds may accumulate in one or more of the accounts. Such
				accumulation may occur as a result of a program or project costing less than
				budgeted, a program or project being unable to go forward or to complete its
				objectives, or more funds being available in the account than projected. Should
				such accumulations occur, the committee may institute a supplemental
				application period to program those funds. Should the committee elect to do so,
				the application and project selection process will be subject to the conditions
				identified in this chapter. Furthermore, the application guidelines identified
				by WAC 240-20-060 and currently in use
				shall be used for the supplemental process.
Statutory Authority: Chapter 47.66 RCW. 94-17-039, §
										240-20-075, filed 8/10/94, effective
				  9/10/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-076 - Funding shortfall

Current through Register Vol. 24-14, July 15, 2024
If it shall be determined by the committee that the funding in
				any of the accounts will be insufficient to meet the contracted obligations
				identified for the selected projects, the committee shall have discretion as to
				the remedial action it will take. Such actions may include, but shall not be
				limited to, termination of projects, reduction in funding to selected projects,
				and/or an across the board reduction in funding for all projects. Such action
				shall occur only after the committee holds a public hearing during which the
				affected parties may testify as to impacts of such actions.
Statutory Authority: Chapter 47.66 RCW. 94-24-077, §
										240-20-076, filed 12/7/94, effective
				  1/7/95.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-080 - Over-programming of funds

Current through Register Vol. 24-14, July 15, 2024
The committee shall select projects based on its estimate of
				revenues and expenditures. The committee may utilize the principle of
				over-programming when selecting projects, the degree of such over-programming
				to be at the discretion of the committee for each account and application
				period.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-080, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-090 - Reporting

Current through Register Vol. 24-14, July 15, 2024
The clerk of the committee shall be responsible for the
				preparation of all reports to and on behalf of the committee. Such reports
				shall minimally include the following:
(1) Exception reports. The clerk of the
			 committee shall report to the chair any exceptions that occur concerning
			 projects and programs by account. Such report shall be submitted at such time
			 as the exception becomes known.
(2)
			 Quarterly reports. The clerk of the committee shall provide to the committee a
			 report of the progress of programs and projects for each account. Such report
			 shall be submitted prior to each regularly scheduled committee meeting at a
			 time that permits it to be part of the information packets that include the
			 meeting agenda and past meeting minutes. The format of such report shall be
			 determined by the committee and communicated to the clerk of the
			 committee.
(3) Annual report. The
			 clerk of the committee shall prepare for the committee an annual report. Such
			 report shall be presented to the committee at the regular scheduled meeting in
			 the last quarter of the year for approval, and then presented to the
			 legislative transportation committees by no later than January 1 of each
			 year.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-090, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-110 - Central Puget Sound public transportation account - Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Eligibility to
			 apply shall be limited to public agencies with offices in King, Kitsap, Pierce,
			 and Snohomish counties.
(2)
			 Projects eligible for funding from the central Puget Sound public
			 transportation account shall be limited to public transportation projects for:
(a) Planning;
(b) Development of capital
			 projects;
(c) Development of high
			 capacity transportation systems as defined in
			 RCW    81.104.015;
(d) Development of high occupancy vehicle
			 lanes and related facilities as defined in
			 RCW    81.100.020; and
(e) Public transportation system
			 contributions required to fund projects under federal programs and those
			 approved by the transportation improvement board.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-120 - Central Puget Sound public transportation account - Criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Projects
			 selected for funding from the central Puget Sound public transportation account
			 shall be consistent with the following criteria:
(a) Local, regional, and state transportation
			 plans;
(b) Local transit
			 development plans; and
(c) Local
			 comprehensive land use plans.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-130 - Central Puget Sound public transportation account - Timing

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-130, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-210 - Public transportation systems account - Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Participation in the public
			 transportation systems account shall be limited to those public transportation
			 systems that contribute funds to the account.
(2) Projects eligible for funding from the
			 public transportation systems account shall be limited to public transportation
			 projects for:
(a) Planning;
(b) Development of capital
			 projects;
(c) Development of high
			 capacity transportation systems as defined in
			 RCW    81.104.015;
(d) Development of high occupancy vehicle
			 lanes and related facilities as defined in
			 RCW    81.100.020;
(e) Other public transportation
			 system-related roadway projects on state highways, county roads, or city
			 streets; and
(f) Public
			 transportation system contributions required to fund projects under federal
			 programs and those approved by the transportation improvement board.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-220 - Public transportation systems account - Criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Projects selected for funding from the
			 public transportation systems account shall be consistent with the following
			 criteria:
(a) Local, regional, and state
			 transportation plans;
(b) Local
			 transit development plans; and
(c)
			 Local comprehensive land use plans.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-230 - Public transportation systems account - Timing

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-230, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-310 - High capacity transportation account - Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Participation in the high capacity
			 transportation account shall be limited to transit agencies and regional
			 transportation authorities.
(2)
			 Projects eligible for funding from the account shall be limited to planning for
			 high capacity transportation systems.
(3) Projects eligible for funding under the
			 account shall be limited to applications that directly benefit Washington
			 state, and subject to the conditions identified in
			 RCW    81.104.030 and
			 81.104.040.
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-310, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-320 - High capacity transportation account - Criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Projects selected for funding from the
			 high capacity transportation account shall be consistent with the following
			 criteria:
(a) Local, regional, and state
			 transportation plans;
(b) Local
			 transit development plans; and
(c)
			 Local comprehensive land use plans.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-330 - High capacity transportation account - Timing

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-330, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-410 - Intermodal Surface Transportation Efficiency Act, surface transportation program, statewide competitive program account - Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Eligibility to
			 apply shall be limited to public agencies.
(2) Programs and projects eligible for
			 funding shall be limited to the following purposes:
(a) Planning;
(b) Preliminary engineering;
(c) Right of way acquisition;
(d) Construction; and
(e) Capital equipment acquisition.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-420 - Intermodal Surface Transportation Efficiency Act, surface transportation program, statewide competitive program account - Criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Projects
			 selected for funding from the statewide competitive program account shall be
			 consistent with the following criteria:
(a)
			 Local, regional, and state transportation plans;
(b) Local transit development plans;
			 and
(c) Local comprehensive land
			 use plans.
Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-20 - Multimodal transportation programs and projects selection committee › Section 240-20-430 - Intermodal Surface Transportation Efficiency Act, surface transportation program, statewide competitive program account - Timing

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 47.66 RCW. 94-10-030 and
				  94-11-081, §
										240-20-430, filed 4/28/94 and 5/16/94, effective 5/1/94 and
				  5/16/94.
Washington Administrative Code › Title 241 - Lieutenant Governor, Office of the › Chapter 241-10 - Public records › Section 241-10-050 - Copying fees - Payments

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 following copy fees and payment procedures apply to requests to the office under
			 chapter 42.56 RCW and received on or after August XX, 2017.
(2) Pursuant to RCW     42.56.120(2)(b), the
			 office is not calculating all actual costs for copying records because to do so
			 would be unduly burdensome for the following reasons:
(i) The office does not have the resources to
			 conduct a study to determine all its actual copying costs;
(ii) to conduct such a study would interfere
			 with other essential agency functions; and,
(iii) through the 2017 legislative process, the
			 public and requesters have commented on and been informed of authorized fees and
			 costs, including for electronic records, provided in RCW     42.56.120(2)(b) and
			 (c), (3) and (4).
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-010 - Organization

Current through Register Vol. 24-14, July 15, 2024
The growth management hearings board was established pursuant
				  to chapter 36.70A RCW. The board is an independent quasi-judicial agency of the
				  state of Washington with five members appointed by the governor who are
				  qualified by experience or training in matters pertaining to land use planning.
				  These rules were developed, adopted, and amended by the board 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). 11-13-109,
					 § 242-03-010, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-015 - Regional panels

Current through Register Vol. 24-14, July 15, 2024
(1) Each petition for review that is filed
				with the growth management hearings board shall be heard and decided by a
				regional panel of growth management hearings board members. From the five board
				members, regional panels shall be constituted as follows:
(a) Central Puget Sound region. A
				three-member Central Puget Sound panel shall be selected to hear matters
				pertaining to cities and counties located within the region comprised of King,
				Pierce, Snohomish, and Kitsap counties.
(b) Eastern Washington region. A three-member
				Eastern Washington panel shall be selected to hear matters pertaining to cities
				and counties that are required or choose to plan under
				RCW
				   36.70A.040 and are located east of the crest
				of the Cascade mountains.
(c)
				Western Washington region. A three-member Western Washington panel shall be
				selected to hear matters pertaining to cities and counties that are required or
				choose to plan under
				RCW
				   36.70A.040, are located west of the crest of
				the Cascade mountains, and are not included in the Central Puget Sound region.
				Skamania County, if it is required or chooses to plan under
				RCW
				   36.70A.040, may elect to be included within
				either the Western Washington region or the Eastern Washington
				region.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-020 - Function

Current through Register Vol. 24-14, July 15, 2024
The function of the board is to make informed decisions on
				  appeals within the scope of its jurisdiction arising from implementation of the
				  Growth Management Act, Shoreline Management Act, and State Environmental Policy
				  Act, in a clear, consistent, timely, and impartial manner that recognizes
				  regional diversity.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-020, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-025 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
Subject matter jurisdiction. The board shall hear and
				  determine:
(1) Petitions alleging that
				a state agency, county, or city is not in compliance with the requirements of:
(a) The Growth Management Act; or
(b)Chapter 90.58 RCW as it relates to the
				adoption or amendment of shoreline master programs, including the department of
				ecology's approval or denial of such adoption or amendment but excluding the
				department of ecology's adoption of a shoreline master program by rule pursuant
				to RCW
				   90.58.070(2); or
(c)Chapter 43.21C RCW as it relates to plans,
				development regulations, and amendments adopted under the act or
				chapter
				90.58 RCW; or
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this title, the following terms shall have the
				  following meaning:
(1) "Act" means the
				Growth Management Act, chapter 36.70A RCW, and subsequent amendments.
(2) "Board" means the growth management
				hearings board or a panel of the board hearing a matter as established in RCW
				    36.70A.260.
(3) "Chair" means the
				board member annually elected by the board pursuant to RCW     36.70A.270(11). The
				duties and responsibilities of the chair include, developing board procedures,
				making case assignments to board members in accordance with the board's rules
				of procedure in order to achieve a fair and balanced workload among all board
				members, and managing board meetings.
(4) "CMS" means the environmental and land
				use hearings office case management system or any successor system designated
				by the board.
(5) "Compliance
				participant" means any person with standing to challenge legislation taken in
				response to a board order, as provided in RCW     36.70A.330(2).
(6) "Consolidation" means the combining of
				all petitions involving review of the same comprehensive plan or development
				regulation into a single case for hearing and decision, as provided in RCW
				    36.70A.290(5).
(7) "Coordination"
				means provision of parallel case schedules for cases involving related matters
				in the interest of efficient resolution and to avoid duplication of evidence
				and argument.
(8) "Environmental
				and land use hearings office" means the administrative office of the board
				established pursuant to RCW     36.70A.252.
(9) "Ex parte communication" is communication
				about issues in a pending case between a party and a board member without
				including or providing notice to all other parties to the matter. Ex parte
				communication is prohibited.
(10)
				"Filing" of a document means actual receipt by the board during regular office
				hours, as specified in WAC 242-03-230 (for a petition for review) or WAC
				242-03-240 (for all other documents).
(11) "Final decision" means:
(a) Any final order as provided in RCW
				    36.70A.300; or
(b) Any other
				written finding, determination or order of the board which finally determines a
				legal right, duty, or other legal interest of the parties in the case and which
				clearly states in such written finding, determination or order that it is a
				final decision subject to appeal to superior court.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-035 - Rules

Current through Register Vol. 24-14, July 15, 2024
These rules shall govern the board's adoption or amendment of
				  rules, and all practice and procedure for hearings before the board.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-035, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-040 - Petition for rule making

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				person may petition the board for the adoption, amendment, or repeal of any
				rule. Said petition shall be filed with the board at its office. The form for a
				petition for rule making, the criteria to be addressed, and the procedure for
				submission shall be as specified in
				RCW
				   34.05.330(1).
(2) Upon receipt of a petition for the
				adoption, amendment, or repeal of a rule, the board may, in its discretion,
				solicit comments, invite discussion, and hold meetings concerning the matter
				prior to disposition of the petition.
(3) Within sixty days after submission of a
				petition for rule making, the board shall either:
(a) Deny the petition in writing, stating:
(i) Its reasons for the denial, specifically
				addressing the concerns raised by the petitioner and, where
				appropriate;
(ii) The alternative
				means by which it will address the concerns raised by the petitioner;
				or
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-045 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
The time within which any act shall be done, as provided by
				  these rules, shall be computed by excluding the first day and including the
				  last, unless the last day is a Saturday, Sunday or a legal holiday, pursuant to
				  RCW
				     1.16.050, and then it is excluded and the
				  next succeeding day which is neither a Saturday, Sunday nor a legal holiday is
				  included. When the period of time prescribed or allowed is less than seven
				  days, intermediate Saturdays, Sundays and holidays shall be excluded in the
				  computation.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-045, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-050 - Quorum

Current through Register Vol. 24-14, July 15, 2024
(1)
				Board quorum. For the purpose of adopting, amending, or repealing these rules
				or transacting other administrative business, at least three members of the
				board shall constitute a quorum of the board. A quorum being present, any
				action may be taken upon the vote of the majority of the board
				members.
(2) Panel quorum. For
				purposes of making orders or decisions in a case, two members of a panel shall
				constitute a quorum and may act even though one panel member is absent. One
				member may hold conferences or hearings. The findings of such member shall not
				become final until approved by a majority of the panel. A panel member who does
				not attend a hearing may participate in the decision and shall review a
				transcript or recording of the hearing before signing the decision.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-050, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-060 - Board office

Current through Register Vol. 24-14, July 15, 2024
(1) The
				administration of the board is consolidated in one office - The environmental
				and land use hearings office:
Growth Management Hearings Board
c/o Environmental and Land Use Hearings Office
1111 Israel Road S.W., Suite 301
Tumwater, WA 98501
P.O. Box 40903
Olympia, WA 98504-0953
website:
www.eluho.wa.gov
ELUHO Main Office: 360-664-9160
Fax: 360-586-2253
Regional Email Inboxes
email: eastern@eluho.wa.gov
email: western@eluho.wa.gov
email: central@eluho.wa.gov
(2) Unless a party does not have the
				technological capacity to do so, the filing of all petitions, briefs, exhibits,
				and other documents related to any proceeding before a regional panel shall be
				electronically through the CMS. Information about accessing the CMS is
				available at the ELUHO website at
www.eluho.wa.gov
.
(3) Email or mail filings shall substitute
				for filing through the CMS in the event that the filing through the CMS is
				unavailable or impossible or if a party does not have the technological
				capacity, such as lack of access to an internet connection or a computer, to
				utilize the CMS.
Statutory Authority:
					 RCW
					    36.70A.270(7). 13-01-026,
					 § 242-03-060, filed 12/11/12, effective 1/11/13; 11-13-109, §
					 242-03-060, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-070 - Regular meetings

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-070, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-075 - Special meeting

Current through Register Vol. 24-14, July 15, 2024
(1) A special meeting of the board may be
				called at the request of any two of the board members. To call a special
				meeting, a written notice of the meeting shall be posted on the board's
				website, prominently displayed on the main entrance of the board's principal
				office location and personally emailed to:
(a) Each member of the board; and
(b) Each general circulation newspaper,
				television or radio station which has on file with the board a written request
				to be notified of special meetings.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-080 - Annual and semiannual board meetings

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-080, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADMINISTRATION › Section 242-03-095 - Case numbering

Current through Register Vol. 24-14, July 15, 2024
The board shall assign a case number to each petition for
				  review which shall be the official reference number for purposes of
				  identification. The first two digits of the case number shall correspond to the
				  last two digits of the calendar year in which the petition was filed. The third
				  digit shall designate which regional panel has jurisdiction over the matter.
				  The Eastern Washington panel shall use the digit "1"; the Western Washington
				  panel shall use the digit "2"; and the Central Puget Sound panel shall use the
				  digit "3." The last four digits shall be numbered sequentially in order of
				  receipt. Consolidated cases are generally assigned the number of the last filed
				  petition followed by a "c."
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-095, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PRACTICE BEFORE THE BOARD › Section 242-03-100 - Appearance and practice before the board - Who may appear

Current through Register Vol. 24-14, July 15, 2024
Practice before the board shall be open to the following
				  persons who have met the standing requirements of
				  chapter
				  36.70A RCW:
(1) A party or compliance participant to a
				case before the board may appear personally or by a duly authorized
				representative. The duly authorized representative need not be an
				attorney;
(2) Attorneys at law
				representing a party before the board must be duly qualified and entitled to
				practice in the courts of the state of Washington or satisfy Washington Court
				Rule 9 standards.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-100, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PRACTICE BEFORE THE BOARD › Section 242-03-115 - Authorized representatives

Current through Register Vol. 24-14, July 15, 2024
(1)
				Notice of appearance. Any person acting in a representative capacity on behalf
				of a party or participant shall file a notice of appearance with the board and
				shall serve a copy on all other parties. This requirement shall apply to
				attorneys as well as to other duly authorized representatives of parties. A
				person listed in a petition for review as representing petitioners need not
				file a notice of appearance.
(2)
				Substitution. In the event of a change in representative or attorney, a notice
				of substitution must be filed with the board and a copy served on all other
				parties before the change in representative shall become effective.
Statutory Authority:
					 RCW
					 36.70A.270(7). 13-01-026,
					 § 242-03-115, filed 12/11/12, effective 1/11/13; 11-13-109, §
					 242-03-115, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PRACTICE BEFORE THE BOARD › Section 242-03-120 - Rules of professional conduct

Current through Register Vol. 24-14, July 15, 2024
(1) An attorney appearing in proceedings
				before the board in a representative capacity shall conform to the Rules of
				Professional Conduct required of attorneys before the courts of
				Washington.
(2) A person other than
				an attorney appearing in a representative capacity or on his/her own behalf
				shall conform to the following standards as set forth in the Washington Court
				Rules of Professional Conduct, RCP 3.1 to 3.5.
(a) Advancing good faith claims and
				contentions;
(b) Making reasonable
				efforts to expedite the proceedings;
(c) Candor and truthfulness toward the
				board;
(d) Fairness to opposing
				parties; and
(e) Refraining from
				conduct that is detrimental to the impartiality of the board or the decorum of
				the proceedings.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PRACTICE BEFORE THE BOARD › Section 242-03-130 - Ex parte communication

Current through Register Vol. 24-14, July 15, 2024
No one in a board proceeding shall make or attempt to make
				  any ex parte communications with board members regarding any issue in the
				  proceeding that is prohibited by the Administrative Procedure Act,
				  RCW
				     34.05.455. Communications on purely
				  procedural matters such as scheduling and logistics should be directed to the
				  board's administrative staff. Any person who attempts to make prohibited ex
				  parte communications on behalf of a party may be subject to sanctions pursuant
				  to WAC 242-03-120. The board should
				  disclose any prohibited ex parte communication and include it in the
				  record.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-130, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PRACTICE BEFORE THE BOARD › Section 242-03-140 - Signing of pleadings, motions, and legal memoranda

Current through Register Vol. 24-14, July 15, 2024
Every pleading, motion and legal memorandum of a party shall
				  be dated and signed by the party, or the party's attorney or other authorized
				  representative and include an address, telephone and electronic mail
				  address.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-140, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PRACTICE BEFORE THE BOARD › Section 242-03-145 - Form and size of documents

Current through Register Vol. 24-14, July 15, 2024
Documents shall be provided in the manner indicated in the
				  board's prehearing order.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-145, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PRACTICE BEFORE THE BOARD › Section 242-03-150 - Teleconference or video conference proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) At the discretion of the board or a
				presiding officer, or where the parties agree and where the rights of the
				parties will not be prejudiced, all or part of any hearing, prehearing, or
				motion hearing may be conducted by telephone, video conference, or other
				electronic means. Each party in the proceeding must have an opportunity to
				participate effectively in, to hear, and if technically and economically
				feasible, to see the entire proceeding while it is taking place.
(2) The board will require documentary
				evidence, motions, and briefs to be submitted in accordance with the prehearing
				order or subsequent scheduling order to insure fair consideration and
				presentation of the issues. All such material shall also be served on other
				parties at the time of filing with the board.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-150, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-200 - Initiating an appeal with the board

Current through Register Vol. 24-14, July 15, 2024
An appeal before the board is initiated by satisfying the
				  following requirements:
(1) A petition
				for review relating to an adopted comprehensive plan, development regulation,
				or amendment thereto, must be filed with the growth management hearings board
				within sixty days after publication by the decision-making body of the state
				agency, county, or city whose action is being appealed and naming that state
				agency, county, or city as a respondent;
(2) The petition for review shall include a
				detailed statement of issues presented for resolution by the board;
(3) The petition for review shall include a
				statement showing that the petitioner has standing to file the petition;
				and
(4) The petition for review
				must allege either:
(a) A state agency,
				county, or city is not in compliance with the goals and requirements of the
				Growth Management Act, the Shoreline Management Act, applicable guidelines and
				rules, as it relates to shoreline master programs and amendments thereto, or
				the State Environmental Policy Act and rules, as it relates to plans,
				development regulations, shoreline master programs or amendments; or
(b) The twenty-year growth management
				planning populations projections adopted by the office of financial management
				should be adjusted.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-210 - Petition for review-Forms-Contents

Current through Register Vol. 24-14, July 15, 2024
A petition for review shall substantially contain:
(1) A caption in the following form:
Click
				  to view image
(2)
				Numbered paragraphs stating:
(a) Petitioner's
				name, mailing address, telephone number, and electronic mail address, and those
				of the attorney or other authorized representative, if any;
(b) Date of the challenged order,
				determination, publication, or other action or, in the case of an alleged
				failure to act under the Growth Management Act or the Shoreline Management Act,
				the date by which the action was required to be taken;
(c) A detailed and concise statement of the
				issues presented for resolution by the board. Each issue statement should not
				exceed seventy-five words and shall specify the provision(s) of the act or
				other statute allegedly being violated and, if applicable, the provision(s) of
				the document that is being appealed;
(d) A statement specifying the type and the
				basis of the petitioner's standing before the board pursuant to
				RCW
				   36.70A.280(2);
(e) The relief sought, including the specific
				nature and extent;
(f) A statement
				that the petitioner has read the petition for review and believes the contents
				to be true, followed by the petitioner's signature or signature of the
				attorney(s) or other authorized representative(s), if any.