reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-380 - Renovator and dust sampling technician certification and recertification

Current through Register Vol. 24-14, July 15, 2024
(1) No individual shall perform lead-based
				  paint renovation or dust sampling technician activities as described in this
				  section unless they are certified by the department. Individuals seeking
				  initial certification by the department to engage in lead-based paint
				  renovation activities must successfully complete a dust sampling technician or
				  renovator course accredited by the department. The course completion
				  certificate serves as proof of training. Certified individuals may perform only
				  lead-based paint renovation activities for which they are certified. To become
				  certified as a renovator or dust sampling technician, an individual must:
(a) Submit a completed application to the
				  department as described under WAC 365-230-150 and must provide documentation
				  that the applicant has either:
(i) Met the
				  certification requirements as described in this subsection for renovator or
				  dust sampling technician.
(ii) Hold
				  a valid certification issued by EPA or by a state or tribal program that has
				  been authorized by EPA according to  40 C.F.R. 745.324.
(A) Applicants for certification based on
				  certification from another state or tribal program must register their
				  certification with the department.
(B) Certification based on a valid lead-based
				  paint renovator or renovation dust sampling technician certification issued by
				  EPA or by an EPA-authorized state or tribal program shall be issued with an
				  expiration date not to exceed the date of expiration listed on the EPA or
				  EPA-authorized state or tribal certification.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-385 - Renovator and dust sampling technician responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) Renovator responsibilities. Certified
							renovators are responsible for ensuring compliance under WAC
							365-230-330 at all renovations to
							which they are assigned. A certified renovator:
(a) Must perform all of the tasks described
							under WAC
							365-230-330(2)
							 and must either perform or direct workers who perform all of the tasks
							described under WAC
							365-230-330(1).
(b) Must provide training to workers on the
							work practices required by WAC
							365-230-330(1).
(c) Must be physically present at the
							worksite when signs required by WAC
							365-230-330(1)(a) are posted, while the work area containment
							required by WAC
							365-230-330(1)(b) is being established, and while the work
							area cleaning required by WAC
							365-230-330(1)(e) is performed.
(d) Must regularly direct work being
							performed by other individuals to ensure that the work practices required by
							WAC 365-230-330(1)
							 are being followed, including maintaining the integrity of the containment
							barriers and ensuring that dust or debris does not spread beyond the work
							area.
(e) Must be available, either
							on-site or by telephone, at all times that renovations are being
							conducted.
(f) When requested by
							the party contracting for renovation services, must use an acceptable test kit
							to determine whether components to be affected by the renovation contain
							lead-based paint.
(g) Must have
							with them at the worksite copies of their initial course completion certificate
							and their most recent refresher course completion certificate.
(h) Must prepare the records required by WAC
							365-230-340(2)(a)(ii) and
							(f).
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-240 - Affordable and supportive housing-local sales and use tax › Section 365-240-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to the authority granted
				in RCW   82.14.540 requiring counties and cities that impose the local sales and
				use tax for affordable and supportive housing to report annually to the
				department of commerce on the collection and use of the revenue and for the
				department of commerce to adopt rules prescribing the content of those
				reports.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-240 - Affordable and supportive housing-local sales and use tax › Section 365-240-020 - Authorized uses of tax revenue

Current through Register Vol. 24-14, July 15, 2024
Counties and cities may use tax revenue for:
(1) Acquiring, rehabilitating, or
			 constructing affordable housing, which may include new units within an existing
			 structure or facilities providing supportive housing services under RCW
			   71.24.385 (behavioral health organizations);
(2) Operations and maintenance costs of new
			 units of affordable or supportive housing;
(3) Providing rental assistance to tenants
			 that are at or below 60 percent of the area median income of the county or city
			 that is imposing the tax; or
(4)
			 Administrative costs of the county or city associated with administering this
			 section, which may not exceed 10 percent of the annual tax distributed to the
			 jurisdiction under this section.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-240 - Affordable and supportive housing-local sales and use tax › Section 365-240-030 - Annual report to the department of commerce

Current through Register Vol. 24-14, July 15, 2024
Jurisdictions must submit a report to the department by October
				1st annually with the following information pertaining to the most recent
				fiscal year. Reports submitted by a lead jurisdiction or managing entity
				pursuant to an interlocal agreement must be accompanied by contract language
				designating the responsible entity for submitting annual reports and ensuring
				their accuracy.
The first report will be due October 1, 2020, and annually
				thereafter.
(1) General:
(a) All references made in this section to
			 funds, funds pooled, or funds utilized or bonded against are in regard to those
			 derived from a jurisdiction's affordable and supportive housing sales and use
			 tax distribution from the department of revenue for the corresponding fiscal
			 year.
(b) An annual report
			 submitted by a lead jurisdiction or managing entity pursuant to an interlocal
			 agreement must be accompanied by agreed language designating it as the
			 responsible party for report timeliness and accuracy.
(c) Information submitted by a lead
			 jurisdiction or managing entity pursuant to an interlocal agreement must
			 include the total combined revenue collection and program activities for all
			 jurisdictions subject to the agreement. A separate report on revenue collection
			 and program activities must be submitted for each jurisdiction choosing to
			 additionally expend funds outside the agreement, if applicable.
(d) All reports submitted pursuant to this
			 section must include contact information for the preparer.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part A - GENERAL › Section 371-08-300 - Purpose of this chapter and applicability of the board's rules of practice and the civil rules of procedure and the rules of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of chapter 371-08 WAC is to
				provide rules of practice before the pollution control hearings board
				(hereinafter "board"). The interpretation of these rules of practice may be
				guided, where relevant, by the civil rules of superior court (hereinafter
				"civil rules") and the rules of evidence for the superior courts of the state
				of Washington, as those rules have been construed by Washington state
				courts.
(2) Except where in
				conflict with the board's rules, Washington statutes regarding administrative
				procedure, pre-trial procedures, civil rules and rules of evidence shall be
				followed in proceedings before the board unless the presiding officer
				determines that the evidence, although in conflict with the rules of evidence,
				is admissible pursuant to WAC 371-08-500.
(3) This chapter shall govern practice before
				the board. The rules in this chapter are consistent with the model rules of
				procedure issued by the office of administrative hearings, chapter 10-08 WAC,
				except where specifically noted.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-300,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part A - GENERAL › Section 371-08-305 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following terms apply throughout this chapter and, unless
				  the context clearly requires otherwise, have the following meanings:
(1) "Adjudicative proceeding" means a
				proceeding involving an opportunity for hearing before the board as defined in
				RCW   34.05.010. The term "adjudicative proceeding" is used interchangeably with
				the terms "case" and "appeal" in this chapter.
(2) "Agency" means any state governmental
				entity, air pollution control authority, local health department or other
				agency whose decisions are subject to the board's jurisdiction.
(3) "Board" means the pollution control
				hearings board, a quasi-judicial board created pursuant to chapter 43.21B RCW
				and described in WAC 371-08-315. Where appropriate, the term "board" also
				refers to the designated agents of the pollution control hearings
				board.
(4) "Business days" means
				Monday through Friday exclusive of any state or federal holidays.
(5) "CMS" means the environmental and land
				use hearings office case management system or any successor system designated
				by the board.
(6) "Department"
				refers to and means the department of ecology.
(7) "Filing" of a document means actual
				receipt by the board between the hours of 8:00 a.m. and 5:00 p.m. on days other
				than Saturdays, Sundays, or legal holidays. The board's record of the date and
				time of receipt of a document shall be evidence of the date of filing. Filings
				received after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be
				considered filed on the next business day. If the last day for filing a
				document as required by these rules falls on a day when the board is closed
				under WAC 371-08-320(3), then the time for such filing shall be extended until
				the end of the next business day upon which the board is open for business.
(a) The filing of documents with the board
				shall be electronically through the CMS. Information about accessing the CMS is
				available at the ELUHO website at
www.eluho.wa.gov
. If a party does not have the
				technological capacity to file electronically through the CMS, a party may file
				documents by personal delivery, commercial delivery, fax, electronic mail, or
				first-class, registered, or certified mail.
(b) Any document filed with the board shall
				contain an affirmation that copies were served on the appropriate agency and
				parties.
(c) Filing of a document
				in the method authorized in (a) of this subsection shall substitute for filing
				through the CMS in the event the CMS is unavailable or in emergency situations
				in which the governor declares a statewide emergency.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part A - GENERAL › Section 371-08-306 - Livestock nutrient management program (LNMP)

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, and chapter
				  43.21B RCW, when referring to appeals related to civil penalties and orders
				  issued by the department of agriculture, under the LNMP, pursuant to
				  chapters
				  90.48 and 90.64 RCW, the
				  following terms shall have the following meaning:
(1) "Department" means the department of agriculture.
(2) "Director" means the director of the department of
				  agriculture.
Statutory
					 Authority:
					 RCW 34.05.360 and 2003 c 325. 04-03-001, §
											371-08-306, filed 1/7/04, effective
					 2/7/04.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part A - GENERAL › Section 371-08-310 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
(1) The time
				within which any act shall be done, as provided by these rules, is computed by
				excluding the first day and including the last, unless the last day is a
				Saturday, Sunday or a legal holiday, or a day when the board is closed for
				business under WAC 371-08-320(3), and then it is excluded and the next
				succeeding day which is neither a Saturday, Sunday nor a legal holiday, or a
				day when the board is closed for business under WAC 371-08-320(3) is included.
				When the period of time prescribed or allowed is less than seven days,
				intermediate Saturdays, Sundays and holidays are excluded in the
				computation.
(2) This section also
				pertains to the period for filing an appeal with the board, petition for rule
				making, petition for declaratory ruling or any other adjudication authorized by
				this chapter.
Statutory
					 Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											371-08-310, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  43.21B.170 and 1997 c 125. 97-19-064, §
											371-08-310, filed 9/15/97, effective 10/16/97. Statutory Authority:
					 RCW  43.21B.170 and Den Beste v. Washington, No.
					 13967-1-III (Div. III, April 18, 1996). 96-17-016, §
											371-08-310, filed
					 8/12/96, effective 9/12/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part B - BOARD ADMINISTRATION AND JURISDICTION › Section 371-08-315 - Membership

Current through Register Vol. 24-14, July 15, 2024
The board is composed of three members appointed by the
				  governor, with the advice and consent of the senate, for a term of six years.
				  The members are to be qualified by experience or training in pertinent matters
				  pertaining to the environment, and at least one member shall be a lawyer, and
				  not more than two members shall be of the same political
				  party.
Statutory
					 Authority:
					 RCW  43.21B.170,
					 90.58.175, 2010 c 84, 2010 c 130,
					   2010 c  210, and   2010 c  285. 10-18-021, §
											371-08-315, filed 8/23/10,
					 effective 9/23/10. Statutory Authority:
					 RCW  34.05.360 and 2003 c 325. 04-03-001, §
											371-08-315, filed 1/7/04, effective 2/7/04. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-315,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part B - BOARD ADMINISTRATION AND JURISDICTION › Section 371-08-320 - Board office hours and contact information

Current through Register Vol. 24-14, July 15, 2024
(1)
				The administrative business of the board, except rule making, is performed by
				the environmental and land use hearings office. To the extent necessary for
				rule making or other matters, the board will hold meetings at the address set
				forth below.
(2) The information
				included in this section is current at the time of rule adoption, but may
				change. Current information is available on the board's internet site at
www.eluho.wa.gov
.
(a) The board is housed at the Environmental
				and Land Use Hearings Office, 1111 Israel Road S.W., Tumwater, Washington
				98501. The principal hearing room used by the board is located at the same
				address, although many hearings are held near the site of the dispute at
				issue.
(b) The mailing address of
				the board is:
Pollution Control Hearings Board
P.O. Box 40903
Olympia, WA 98504-0903
(c) The telephone number of the board is
				360-664-9160. The fax number is 360-586-2253. The board's email address is
				eluho@eluho.wa.gov.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part B - BOARD ADMINISTRATION AND JURISDICTION › Section 371-08-325 - Public information about practice before the board and public records

Current through Register Vol. 24-14, July 15, 2024
(1) Questions about practicing before the
				board may be directed to the environmental and land use hearings office by mail
				or, during regular office hours, by telephone, fax, or email.
(2) The environmental and land use hearings
				office maintains a website with information about and access to the CMS for
				electronic filing, and information on the pollution control hearings board,
				including information about the board members, the board hearings calendar,
				past decisions of the board, a handbook with helpful information for practice
				before the board, sample forms, and links to the board's rules of practice and
				other pertinent statutes and rules. This website may be accessed via the
				internet at
www.eluho.wa.gov
.
(3) Case files of appeals pending before the
				board, past written opinions of the board and other public records maintained
				by the board under chapter 198-14 WAC are available on the website
www.eluho.wa.gov
) or available for public
				inspection and copying during regular office hours at the environmental and
				land use hearings office. The procedures for obtaining public records from the
				board are set forth in chapter 198-14 WAC.
Statutory
					 Authority:
					 RCW  43.21B.005,
					 43.21B.090, and
					 36.70A.270(7).
					 12-05-110, §
											371-08-325, filed 2/22/12, effective 3/24/12. Statutory
					 Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											371-08-325, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-325,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part B - BOARD ADMINISTRATION AND JURISDICTION › Section 371-08-330 - Board decision making on appeals

Current through Register Vol. 24-14, July 15, 2024
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, an appeal that involves a penalty of fifteen
				thousand dollars or less imposed by the department of ecology, another state
				agency or an air pollution control authority or that involves a derelict or
				abandoned vessel under RCW 79.100.-120 may be heard by a single member of the
				board. Such appeals are called short-board appeals. The decision of that single
				member shall be the final decision of the entire board. For appeals that
				involve a derelict or abandoned vessel under RCW  79.100.120 only, an
				administrative appeals judge employed by the board may be substituted for a
				board member.
(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 and land use hearings office to be the presiding
				officer.
Statutory
					 Authority: Chapters 43.21B,
					 34.05 RCW,
					 RCW  43.21B.305. 08-03-045, §
											371-08-330,
					 filed 1/10/08, effective 2/10/08. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-330,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 371-08-335 - Filing a timely appeal with the board

Current through Register Vol. 24-14, July 15, 2024
(1)
				An appeal before the board is initiated by filing a notice of appeal with the
				board and by serving a copy of the appeal notice on the agency whose decision
				is being appealed. For the board to acquire jurisdiction both such filing and
				such service must be timely accomplished.
(2) As prescribed by RCW   76.09.205, a person
				aggrieved by the approval or disapproval of an application to conduct a forest
				practice or the approval or disapproval of any landscape plan or permit or
				watershed analysis may seek review before the board by filing a notice of
				appeal with the board, and filing a copy of the notice of appeal with the
				department of natural resources and the attorney general within 30 days from
				the date of receipt of the approval or disapproval decision.
(3) The notice of appeal shall be filed with
				the board within 30 days of the date of receipt of the order or decision unless
				otherwise provided by law. The board's rule governing the computation of time
				(WAC 371-08-310)  shall determine how the 30-day appeal period is calculated.
				The "date of receipt" of an order or decision means:
(a) Five business days after the date of
				mailing; or
(b) The date of actual
				receipt, proven by a preponderance of the evidence, whichever is later. The
				recipient's sworn affidavit or declaration indicating the date of receipt,
				which is unchallenged by the agency, shall constitute sufficient evidence of
				actual receipt. The date of actual receipt, however, may not exceed 45 days
				from the date of mailing.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 371-08-340 - Contents of notice of appeal

Current through Register Vol. 24-14, July 15, 2024
The notice of appeal shall contain:
(1) The name, mailing address, telephone
				number, fax number (if available), and email address of the appealing party,
				and of the representative, if any;
(2) Identification of the parties, by listing
				in the caption or otherwise. In every case, the agency whose decision is being
				appealed and the person to whom the decision is directed shall be named as
				parties;
(3) A copy of the order or
				decision appealed from, and if the order or decision followed an application, a
				copy of the application;
(4) A
				short and plain statement showing the grounds upon which the appealing party
				considers such order or decision to be unjust or unlawful;
(5) A clear and concise statement of facts
				upon which an appealing party relies to sustain his or her grounds for
				appeal;
(6) The relief sought,
				including the specific nature and extent;
(7) The signature of the representative of
				the appealing party or the appealing party. The signature of the representative
				or the appealing party shall constitute a certificate by the signatory that the
				signatory has read the notice of appeal and that it is consistent with civil
				rule 11;
(8) Proof of service must
				be filed with the board to perfect the appeal;
(9) All pleadings shall be so construed as to
				do substantial justice.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-340,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 371-08-345 - Service of the notice of appeal on the agency and other interested parties

Current through Register Vol. 24-14, July 15, 2024
(1) Within
				  thirty days of the date of receipt of the agency's order or decision, the
				  appellant shall also serve a copy of the notice of appeal on the agency whose
				  order or decision is being appealed. Proof of service may be made by
				  certificate or affidavit filed with the board.
(2) A copy of the notice of appeal shall also be served on
				  all other persons named as parties to the appeal. There is no time limit on
				  when such service must be made.
Statutory
					 Authority:
					 RCW 43.21B.170,
					 chapter
					 34.05 RCW, and
					 RCW 43.21B.001, [43.21B].190, [43.21B].230,
					 [43.21B].300,[43.21B].310 . 05-15-017, §
											371-08-345, filed 7/7/05,
					 effective 8/7/05. Statutory Authority:
					 RCW  43.21B.170 and Den Beste v. Washington, No.
					 13967-1-III (Div. III, April 18, 1996). 96-17-016, §
											371-08-345, filed
					 8/12/96, effective 9/12/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 371-08-350 - Service of documents on representatives

Current through Register Vol. 24-14, July 15, 2024
Service of any document required to be
				  served on a party to a case, including final decisions of the board, may be
				  made by serving the party's representative in the matter.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-350,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 371-08-355 - Petitions for declaratory ruling

Current through Register Vol. 24-14, July 15, 2024
(1) As
				prescribed by RCW  34.05.240, any interested person may petition the board for a
				declaratory ruling. The board shall consider any petition for declaratory
				ruling in accordance with these rules and the Administrative Procedure
				Act.
(2) Two members of the board
				shall constitute a quorum when the board acts on a petition for a declaratory
				order. Two members of the board may act although one position on the board is
				vacant.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-355,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 371-08-360 - Petitions for rule making

Current through Register Vol. 24-14, July 15, 2024
(1) As prescribed by
				  RCW  34.05.330, any person may petition the board
				  to promulgate, amend or rescind the board's administrative rules, as set forth
				  in this chapter. The provisions of these rules and the Administrative Procedure
				  Act shall apply to petitions for rule making.
(2) Two members of the board shall constitute a quorum when
				  the board promulgates, amends or rescinds its administrative rules. Two members
				  of the board may act although one position on the board is
				  vacant.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-360,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 371-08-365 - Persons who may appear before the board

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any person has the right to represent himself or herself in a proceeding before
				the board.
(2) The only persons who
				are qualified to represent another person or entity before the board are the
				following:
(a) Attorneys at law duly qualified
				and entitled to practice before the highest court of record of any
				state.
(b) An authorized officer,
				partner, owner, employee or member of an association, partnership, corporation,
				organization, government subdivision or agency.
(c) Legal interns admitted to practice under
				the applicable admission to practice rules of the Washington state court rules
				as long as the conditions and limitations of the applicable rules are
				satisfied.
(d) Any other individual
				designated by an entity to serve as spokesperson in a case, with the approval
				of the board's presiding officer.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 371-08-370 - Procedure for representing a party before the board

Current through Register Vol. 24-14, July 15, 2024
(1) An attorney or authorized representative
				as defined in WAC 371-08-365 may appear for a party by either of the following
				actions:
(a) Filing a notice of appeal,
				another pleading or a written notice of appearance containing the name of the
				party to be represented, and the name, address, telephone number, and email
				address of the representative; or
(b) Entering an appearance at the time and
				place of a conference or hearing on the appeal, and notifying the presiding
				officer conducting the same of the party to be represented and the name,
				address, telephone number, and email address of the representative.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 371-08-375 - Withdrawal or substitution of representatives

Current through Register Vol. 24-14, July 15, 2024
An attorney or other representative withdrawing from a case
				  shall immediately so notify the board and all parties of record in writing, or
				  shall state such withdrawal on the record at a conference or hearing. Any
				  substitution of an attorney or representative shall be accomplished by written
				  notification to the board and to all parties of record consistent with civil
				  rule 71.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-375,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 371-08-380 - Conduct before the board by representatives

Current through Register Vol. 24-14, July 15, 2024
All persons who are representing
				  parties before the board shall conform to the standards of ethical conduct
				  required of attorneys before the courts of Washington even if the
				  representative is not an attorney. Representatives who, in the opinion of the
				  presiding officer, violate those ethical standards may be reprimanded or
				  sanctioned as appropriate. Sanctions may include, among other measures, the
				  imposition of costs and the exclusion of the representative from the
				  proceedings. The board may, after notifying the representative and holding a
				  hearing, take appropriate disciplinary action including, but not limited to,
				  barring such person from representing any party in any future proceedings
				  before the board.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-380,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 371-08-385 - Parties not represented by legal counsel - Waiver of rules to prevent manifest injustice

Current through Register Vol. 24-14, July 15, 2024
The presiding officer may waive any of these
				  rules, other than a rule relating to jurisdiction, for any party not
				  represented by legal counsel where necessary to avoid manifest
				  injustice.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-385,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 371-08-390 - Presiding officer-Powers and duties

Current through Register Vol. 24-14, July 15, 2024
It shall be the duty of the presiding officer to conduct
				  conferences or hearings in cases assigned in an impartial and orderly manner.
				  The presiding officer shall have the authority, subject to the other provisions
				  of these rules:
(1) To administer
				oaths and affirmations;
(2) To
				issue subpoenas and enter protective orders as provided in the Administrative
				Procedure Act;
(3) To rule on all
				procedural matters, objections and motions;
(4) To rule on all offers of proof and
				receive relevant evidence;
(5) To
				question witnesses called by the parties in an impartial manner to develop any
				facts deemed necessary to fairly and adequately decide the appeal;
(6) To secure and present in an impartial
				manner such evidence, in addition to that presented by the parties, as deemed
				necessary to fairly and equitably decide the appeal;
(7) To take appropriate disciplinary action
				with respect to representatives of parties appearing before the
				board;
(8) To issue orders joining
				other parties, on motion of any party or in the judgment of the presiding
				officer, when it appears that such other parties may have an interest in, or
				may be affected by, the proceedings;
(9) To consolidate appeals for hearing when
				such consolidation will expedite disposition of the appeals and avoid
				duplication of testimony and when the rights of the parties will not be
				prejudiced thereby;
(10) To hold
				prehearing conferences;
(11) To
				permit and regulate the taking of discovery;
(12) To regulate the course of the
				hearing;
(13) To dismiss an appeal
				or take other appropriate actions if a party or representative fails to appear
				at a prehearing conference, hearing or at any other stage of the appeal
				proceeding;
(14) To take any other
				action necessary and authorized by these rules and the law.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-390,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 371-08-395 - Mediation

Current through Register Vol. 24-14, July 15, 2024
In all appeals, upon request of one or more parties and with
				  the consent of all parties, the board may assign a mediator. The mediator must
				  be 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 board must be conducted pursuant to the
				  provisions of the Uniform Mediation Act, chapter 7.07 RCW.
Statutory
					 Authority:
					 RCW  43.21B.170,
					 90.58.175, 2010 c 84, 2010 c 130,
					   2010 c  210, and   2010 c  285. 10-18-021, §
											371-08-395, filed 8/23/10,
					 effective 9/23/10. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-395,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 371-08-400 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1)
Issuance.
Subpoenas may be issued by any member of the board, the
				  presiding officer assigned to the case or an attorney of record, as provided in
				  the Administrative Procedure Act. Each subpoena shall be subscribed with the
				  signature of the issuing person. Parties desiring subpoenas to be signed by the
				  presiding officer or a board member shall make a showing of general relevance
				  and reasonable scope of the testimony or evidence sought, shall prepare the
				  subpoenas for issuance, shall send them to the board's office for signature at
				  least ten days before the hearing, and, upon return, shall make arrangements
				  for service.
(2)
Form.
Every subpoena shall name the
				  pollution control hearings board and the title of the proceedings, and shall
				  command the person to whom it is directed to attend and give testimony or
				  produce designated books, documents, or things under that person's control at a
				  specified time and place.
(3)
Service.
Service of subpoenas to a witness
				  who is not a party to the case shall be made by personally serving a copy of
				  the subpoena to such person, in accordance with civil rule 45, and tendering on
				  demand, where entitled to make such a demand, the fees for one day's attendance
				  and the mileage allowed by law. All costs shall be paid by the party seeking
				  the attendance of the witness.
(4)
Proof of service.
The person serving the
				  subpoena shall make proof of service by filing the subpoena and the required
				  return, affidavit or acknowledgment of service with the board or presiding
				  officer of the case. Failure to make proof of service does not affect the
				  validity of the service.
(5)
Quashing.
Upon motion made promptly (at or
				  before the time specified in the subpoena for compliance) by the person
				  subpoenaed and upon notice to the party for whom the subpoena was issued, the
				  presiding officer may:
(a) Quash; or
(b) Modify the subpoena if it is unreasonable or requires
				  evidence not relevant to any matter in issue; or
(c) Condition denial of the motion upon just and reasonable
				  conditions.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-405 - Jurisdictional requirements of the board - Dismissal on jurisdictional grounds

Current through Register Vol. 24-14, July 15, 2024
(1) Timely
				  filing of the notice of appeal with the board and timely service of the notice
				  of appeal on the appropriate agency are required for the board to acquire
				  jurisdiction.
(2) Any party may challenge the jurisdiction of the board to
				  hear an appeal, and the board may independently raise the jurisdictional issue.
				  The board shall, when satisfied that it does not have jurisdiction, dismiss an
				  appeal.
Statutory
					 Authority:
					 RCW 43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											371-08-405, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-405,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-410 - Correction or amendment of notice

Current through Register Vol. 24-14, July 15, 2024
(1) If any notice of appeal is found to be
				  defective or insufficient, the board may require the party filing said notice
				  of appeal to correct, clarify or amend the same to conform to the requirements
				  of the board's rules. The board may refuse to schedule any conference or
				  hearing thereon until compliance with such requirements, or may issue an
				  appropriate order which may include providing for dismissal of such appeal upon
				  failure to comply within a specified time.
(2) Other amendments and supplemental pleadings shall conform
				  to civil rule 15.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-410,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-415 - Stays

Current through Register Vol. 24-14, July 15, 2024
(1) A person appealing an order not stayed by
				the issuing agency, and not issued pursuant to chapter 76.09 RCW 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 notice of appeal or in a
				subsequent motion. The request must be accompanied by a statement of grounds
				for the stay and evidence setting forth the factual basis upon which the
				request is based.
(3) Upon receipt
				of a request for a stay, the board will confer with the parties regarding its
				disposition. If necessary, a hearing on the motion will be held. If it appears
				that a hearing on the merits and issues of the case should be consolidated with
				the request for a stay, the board will advance the hearing date on its own
				initiative or by request of the parties.
(4) The requestor makes a prima facie case
				for a stay if the requestor demonstrates either a likelihood of success on the
				merits of the appeal or irreparable harm. Upon such a showing, the board shall
				grant the stay unless the agency demonstrates either:
(a) A substantial probability of success on
				the merits; or
(b) Likelihood of
				success and an overriding public interest which justifies denial of the
				stay.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-420 - Intervention

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  presiding officer may grant a petition for intervention at any time, upon
				  determining that the petitioner qualifies as an intervenor pursuant to civil
				  rule 24, that the intervention will serve the interests of justice and that the
				  prompt and orderly conduct of the appeal will not be impaired.
(2) The presiding officer may impose conditions upon the
				  intervenor's participation in the proceedings.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-420,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-425 - Joinder of parties

Current through Register Vol. 24-14, July 15, 2024
The presiding officer shall order the joinder of
				  the permittee, permitting agency or any other interested person or entity in
				  accordance with civil rule 19. The presiding officer may also permit the
				  joinder of the persons who are not necessary to the determination of the appeal
				  in accordance with civil rule 20.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-425,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-430 - Scheduling letter

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt
				of a notice of appeal which complies with the requirements of these
				regulations, the board shall issue notice to each party of the primary and, if
				applicable, the secondary hearing dates. The notice or scheduling letter will
				identify the case to be heard, the identity of the parties and the time and
				location of the hearing. The letter shall also state that an interpreter can be
				made available upon reasonable notice to the board for any witness or party who
				is hearing impaired or who does not speak English.
(2) The letter may set out a filing schedule
				for motions and pre-hearing briefs. Where the presiding officer decides to hold
				a prehearing conference, the letter shall also state the date, time and
				location of the prehearing conference.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-430,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-435 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
(1) The board
				may, upon written request by a party or on its own, schedule a prehearing
				conference on not less than seven days notice to each party to the appeal, at a
				time and place fixed by the board. The purpose of the prehearing conference is
				to prepare the case for hearing by scheduling prehearing deadlines and by
				identifying the issues. At the prehearing conference, the presiding officer
				will encourage the parties to engage in settlement negotiations as the case
				proceeds.
(2) Following the
				prehearing conference the presiding officer shall enter a prehearing order.
				Normally, this will include a statement of issues, a schedule for filing
				motions and briefs, as well as other matters which may bear on the preparation
				for hearing. The issues which the prehearing order identifies for the hearing
				shall control the subsequent course of the appeal, and shall be the only issues
				to be tried at the hearing, unless modified for good cause by subsequent order
				of the board or the presiding officer.
(3) Appearance by a party or by the party's
				representative at the prehearing conference is mandatory. If a party fails to
				attend a pre-hearing conference, that is not justified by good cause, the
				presiding officer may issue an order of default against the absent party or
				take other appropriate action.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-435,
					 filed 7/3/96, effective 8/3/96.