Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › COMPLIANCE/REMAND › Section 242-03-940 - Compliance - Hearing

Current through Register Vol. 24-14, July 15, 2024
(1) The
				procedures at the compliance hearing shall be as set forth by the presiding
				officer. The matter shall be heard and decided by the same panel that entered
				the final decision and order, if reasonably available.
(2) The evidence in a compliance hearing
				shall consist of the exhibits cited in the briefs submitted in the compliance
				proceeding and attached thereto. Documents provided in the original proceeding,
				if referenced in briefs in the compliance proceeding, must be attached as
				exhibits.
(3) The burden is on the
				petitioner to demonstrate that the action taken by the city, county, or state
				agency is not in compliance with the board's order, except that a city or
				county subject to a determination of invalidity has the burden of demonstrating
				that the action taken will no longer substantially interfere with fulfillment
				of the goals of the act.
(4) When
				the basis for an order of noncompliance is the failure to take an action by a
				deadline specified in the Growth Management Act or the Shoreline Management
				Act, the only question before the board at the compliance hearing is whether
				the county, city, or state agency has taken the required action. Any challenge
				to the merits of the newly enacted legislation must be asserted in a new
				petition for review. In a case of noncompliance or failure to act, when the
				department of ecology has adopted a shoreline master program by rule, any
				challenge to the merits of the adoption must be appealed to the court pursuant
				to RCW
				   90.58.190(1).
(5) Issues not within the nature, scope, and
				statutory basis of the conclusions of noncompliance in the prior order will not
				be addressed in the compliance hearing but require the filing of a new petition
				for review.
(6) After a compliance
				hearing, the board shall determine whether a state agency, city or county is in
				compliance with the requirements of the act as remanded in the final decision
				and order. The board shall issue an order on compliance indicating its findings
				and conclusions. If the board finds continuing noncompliance, the board shall
				enter conclusions of law specifying the nature, scope and statutory basis for
				the finding of continuing noncompliance. The board shall establish a new
				compliance schedule to address any remaining matters of noncompliance with the
				issues raised in the prior order. The board may require periodic reports to the
				board on the progress the jurisdiction is making towards compliance.
(7) Upon motion of a party or participant, if
				the board finds that the state agency, county, or city continues to be in
				noncompliance with the act, the board shall decide, if no determination of
				invalidity had previously been made, whether one should now be made. The board
				shall state in its order the part or parts of the legislation invalidated and
				the facts and law on which the determination of invalidity is based.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-940, filed 6/21/11, effective
					 7/22/11.