reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › HEARING PROCEDURE › Section 242-03-620 - Evidence at hearing

Current through Register Vol. 24-14, July 15, 2024
All evidence from the record which is to be relied upon at
				  hearing shall be submitted to the board and to other parties with their
				  briefs.
(1) All relevant evidence,
				including hearsay evidence, is admissible if, in the opinion of the presiding
				officer, the offered evidence is the kind of evidence upon which reasonably
				prudent persons are accustomed to rely in the conduct of their affairs. The
				presiding officer shall exclude evidence that is irrelevant, immaterial, or
				unduly repetitious.
(2) The board's
				experience, technical knowledge, competency, and specialized knowledge may be
				used in evaluation of evidence.
(3)
				If not inconsistent with subsection (1) of this section, the presiding officer
				may refer to, but shall not be bound by, the Washington rules of
				evidence.
(4) Documentary evidence
				submitted with briefs in the form of copies or excerpts, or by incorporation by
				reference, is subject to the following:
(a)
				That all documents so presented and examined be deemed authentic unless written
				objection is filed within ten days after receipt. A party will be permitted to
				challenge such authenticity at a later time only upon a clear showing of good
				cause.
(b) When only portions of a
				document or portions of a proceeding are to be relied upon, the offering party
				shall adequately identify and prepare the pertinent excerpts and shall supply
				copies of such excerpts for attachment as exhibits to a brief. However, the
				whole of the original document or recording shall be made available for
				examination and for use by all parties to the proceeding.
(c) That documentary evidence not submitted
				with the briefs and not in the record or supported by a timely filed motion to
				supplement the record pursuant to WAC
				242-03-565 not be received in
				evidence in the absence of a clear showing that the offering party had good
				cause for the failure to produce the evidence sooner, unless it is submitted
				for impeachment or rebuttal purposes.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › HEARING PROCEDURE › Section 242-03-630 - Official notice-Matters of law

Current through Register Vol. 24-14, July 15, 2024
The board or presiding officer will take official notice
				  of:
(1) Federal law. The Constitution;
				congressional acts, resolutions, records, journals, and committee reports;
				decisions of federal courts and administrative agencies; executive orders and
				proclamations; and all rules, orders, and notices published in the Federal
				Register.
(2) Washington state law.
				The Constitution of the state of Washington; decisions of the state courts;
				acts, resolutions, records, journals, and committee reports of the legislature;
				decisions of administrative agencies of the state of Washington; executive
				orders and proclamations by the governor; all rules, orders, and notices filed
				with the code reviser; and codes or standards that have been adopted by an
				agency of this state or by a nationally recognized organization or
				association.
(3) Laws of other
				states. The constitutions of other states; decisions of state courts; acts,
				resolutions, records, journals and committee reports of other state
				legislatures; decisions of other states administrative agencies; executive
				orders and proclamations issued by a governor of another state; and codes or
				standards that have been adopted by an agency of another state.
(4) Counties and cities. Ordinances,
				resolutions, and motions enacted by cities, counties, or other municipal
				subdivisions of the state of Washington, including adopted plans, adopted
				regulations, and administrative decisions.
(5) Federally recognized Indian tribes.
				Constitutions, ordinances, resolutions and motions enacted by federally
				recognized Indian tribes.
(6)
				Growth management hearings board. Orders and decisions of the board and the
				board's rules of practice and procedure.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-630, 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 › HEARING PROCEDURE › Section 242-03-640 - Official notice - Material facts

Current through Register Vol. 24-14, July 15, 2024
(1) In the absence of conflicting evidence,
				the board or presiding officer, upon oral or written request made by any party
				before or during a hearing, or upon the board's own motion, may officially
				notice the following kinds of material facts:
(a) Business customs. General customs and
				practices followed in the transaction of business.
(b) Notorious facts. Facts so generally and
				widely known to all well-informed persons as not to be subject to reasonable
				dispute or specific facts which are capable of immediate and accurate
				demonstration by resort to accessible sources of generally accepted authority,
				including, but not exclusively, facts stated in any publication authorized or
				permitted by law to be made by any federal or state officer, department, or
				agency.
(c) Technical or scientific
				facts. Facts of a technical or scientific nature within the board's specialized
				knowledge.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › HEARING PROCEDURE › Section 242-03-650 - Hearings - Board questions

Current through Register Vol. 24-14, July 15, 2024
Any member of the board may, at any time during the hearing,
				  ask clarifying questions as necessary to understand the evidence or
				  argument.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-650, 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 › DISPOSITION OF CASES PRIOR TO HEARING › Section 242-03-700 - Dismissal - How decided

Current through Register Vol. 24-14, July 15, 2024
An order of dismissal, upon stipulation, dispositive motion,
				  or default, is decided by the panel hearing the case. If the order disposes of
				  the entire case, it is a final order for the purposes of
				  appeal.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-700, 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 › DISPOSITION OF CASES PRIOR TO HEARING › Section 242-03-710 - Default

Current through Register Vol. 24-14, July 15, 2024
(1) When a party to
				a proceeding has, after proper notice, failed to attend a hearing or any other
				matter before the board or presiding officer, or failed to file a prehearing
				brief, a motion for default or dismissal may be brought by any party to the
				case or raised by the board upon its own motion or by a presiding officer. Any
				order granting the motion shall include a statement of the grounds for the
				order and shall be served upon all parties to the case.
(2) If the party in default is the
				respondent, the board may determine whether petitioner has made a prima facie
				case that overcomes the statutory presumption of validity such that, in absence
				of briefing and argument by respondent, the board's order should include a
				finding of noncompliance, specifying the grounds for the order.
(3) Within seven days after service of an
				order of dismissal, default or noncompliance under subsection (1) or (2) of
				this section, the party against whom the order was entered may file a written
				objection requesting that the order be vacated and stating the specific grounds
				relied upon. The board may, for good cause, set aside the order.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-710, 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 › DISPOSITION OF CASES PRIOR TO HEARING › Section 242-03-720 - Dismissal of action

Current through Register Vol. 24-14, July 15, 2024
(1) Any action
				shall be dismissed by the board:
(a) Upon
				petitioner's withdrawal of the petition for review before entry of a final
				decision and order; or
(b) Upon
				stipulation for dismissal by petitioner(s) and respondent(s) before entry of a
				final decision and order.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-800 - Presentation of post hearing matters

Current through Register Vol. 24-14, July 15, 2024
Unless requested by or authorized by the board, no post
				  hearing evidence, documents, briefs, or motions will be
				  accepted.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-800, 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 › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-805 - Preparation of findings, conclusions and orders

Current through Register Vol. 24-14, July 15, 2024
Upon request of the board or presiding officer, findings,
				  conclusions and orders shall be prepared by the parties. The board or presiding
				  officer may adopt, in whole or in part, the parties' findings, conclusions and
				  orders or the board may prepare its own findings, conclusions and
				  orders.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-810 - Final decision and order - Basis

Current through Register Vol. 24-14, July 15, 2024
(1) When the hearing on the petition for
				review has been held and the record reviewed by a majority of the panel hearing
				the matter, a written final decision and order shall be issued that contains
				appropriate findings and conclusions, and articulates the basis for the final
				decision and order.
(2) The board
				will not issue advisory opinions on issues not presented to the board in the
				petition for review's statement of the issues, as modified by any prehearing
				order.
(3) Except as provided in
				RCW
				   36.70A.300(2)(b) and WAC
				242-03-575, the final decision
				and order shall be issued by the board within one hundred eighty days of
				receipt of the petition for review, or if multiple petitions are filed, within
				one hundred eighty days of receipt of the last petition that is consolidated.
				The order shall be served on each party of record.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-810, 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 › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-820 - Final decision and order

Current through Register Vol. 24-14, July 15, 2024
(1) In its final decision and order, the
				board shall either:
(a) Find that the state
				agency, county or city is in compliance with the requirements of
				chapter
				36.70A RCW,
				chapter
				90.58 RCW as it relates to
				the adoption, denial or amendment of shoreline master programs, or
				chapter
				43.21C RCW as it relates
				to adoption of plans, development regulations, and amendments thereto, under
				RCW
				   36.70A.040 or
				chapter
				90.58 RCW; or
(b) Find that the state agency, county or
				city is not in compliance with the requirements of
				chapter
				36.70A RCW,
				chapter
				90.58 RCW as it relates to
				the adoption, denial or amendment of shoreline master programs, or
				chapter
				43.21C RCW as it relates
				to adoption of plans, development regulations, and amendments thereto, under
				RCW
				   36.70A.040 or
				chapter
				90.58 RCW.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-830 - Postdecision motions - Reconsideration

Current through Register Vol. 24-14, July 15, 2024
(1) After issuance of a final decision any
				party may file a motion for reconsideration with the board in accordance with
				subsection (2) of this section. Such motion must be filed and served within ten
				days of service of the final decision. Within ten days of filing the motion for
				reconsideration, a party may file an answer to the motion for reconsideration
				without direction or request from the board. The board may require an answer or
				additional briefing from other parties.
(2) A motion for reconsideration shall be
				based on at least one of the following grounds:
(a) Errors of procedure or misinterpretation
				of fact or law, material to the party seeking reconsideration; or
(b) Irregularity in the hearing before the
				board by which such party was prevented from having a fair hearing.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-840 - Postdecision motions - Reconsider compliance schedule

Current through Register Vol. 24-14, July 15, 2024
Where the board's order makes a finding of noncompliance and
				  enters a schedule for the responding jurisdiction to achieve compliance, the
				  respondent may file a motion for reconsideration requesting modification of the
				  compliance schedule upon a showing of special complexity, specific hardship, or
				  the need to coordinate the compliance action with other planning activities of
				  the jurisdiction. The motion shall be filed and disposed of as a motion for
				  reconsideration pursuant to WAC
				  242-03-830. Any later motion to
				  extend time for compliance may require a compliance hearing and finding of
				  continuing noncompliance before time may be granted.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-840, 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 › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-850 - Postdecision motions - Clarify, modify or rescind invalidity

Current through Register Vol. 24-14, July 15, 2024
Where the board's final decision and order makes a
				  determination of invalidity, and the city or county subject to the order has
				  not yet enacted legislation in response to the board's order, the city or
				  county may file a motion to clarify, modify or rescind invalidity. The motion
				  and any response may be supported by evidence arising subsequent to adoption of
				  the invalidated legislation. Pursuant to
				  RCW
				     36.70A.302(6), the board
				  shall expeditiously schedule a hearing on the motion. Not later than thirty
				  days after the hearing on the motion, the board shall issue any supplemental
				  order continuing, clarifying, modifying or rescinding invalidity based on
				  information provided at the hearing.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-850, 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 › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-860 - Stay

Current through Register Vol. 24-14, July 15, 2024
The board pursuant to
				  RCW
				     34.05.550(1) may stay the
				  effectiveness of a final order upon motion for stay.
A stay may be granted if the presiding officer or board
				  finds:
(1) An appeal is pending in
				court, the outcome of which may render the city or county compliance efforts
				futile or unduly burdensome; and
(2) Delay in application of the board's order
				will not substantially harm the interest of other parties to the proceedings;
				and
(3)
(a) Delay in application of the final order
				is not likely to result in actions that substantially interfere with
				fulfillment of the goals of the GMA, including the goals and policies of the
				Shoreline Management Act or the State Environmental Policy Act; or
(b) The parties have agreed to halt
				implementation of the noncompliant ordinance and undertake no irreversible
				actions regarding the subject matter of the case during the pendency of the
				stay; and
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-870 - Publication of final decisions and orders

Current through Register Vol. 24-14, July 15, 2024
Copies of all final decisions and orders are available from
				  the environmental and land use hearings office at eluho.wa.gov. The board posts
				  final orders, compliance orders, and other decisions on the CMS and maintains a
				  digest of its decisions by region.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-870, 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 › DISPOSITION OF PETITIONS FOR REVIEW AFTER HEARING › Section 242-03-880 - Transcripts

Current through Register Vol. 24-14, July 15, 2024
The following shall be the policy of the board with regard to
				  transcription of the record of a hearing on the merits or other hearing:
(1) The board, in its discretion, may at any
				time cause a transcript to be printed. Any person may obtain a copy upon
				payment of the reasonable costs thereof.
(2) In any case when the board shall not
				cause the transcript to be printed, it shall be the obligation of the party
				wishing a transcript, or portions of it, to assume the cost of producing
				it.
(3) When an appeal is taken
				from any final decision and order of a board to a reviewing court, the
				appealing party is responsible for ordering and paying for the transcript of
				the hearing.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-880, 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 › COMPLIANCE/REMAND › Section 242-03-900 - Determination of noncompliance-Compliance schedule and notice of compliance hearing

Current through Register Vol. 24-14, July 15, 2024
(1) In
				those cases where the board, in a final order, has made a determination of
				noncompliance pursuant to
				RCW
				   36.70A.300(3)(b), the board
				shall remand the matter to the affected state agency, county, or
				city.
(2) The board's final
				decision and order shall specify a reasonable time not in excess of one hundred
				eighty days, or such longer time as determined by the board in cases of unusual
				scope or complexity, within which the state agency, county, or city shall
				comply. In its order the board shall establish a compliance schedule, including
				a schedule for briefing and hearing, and may require periodic reports on the
				progress the state agency, county, or city is making toward
				compliance.
(3) The compliance
				schedule in the board's order shall set a hearing date for the purpose of
				determining whether compliance has been achieved and shall constitute notice of
				the compliance hearing. The compliance hearing shall be given the highest
				priority of business.
(4) The board
				may notify the department of a finding of noncompliance. The purpose of the
				notification is for the department to provide technical assistance to the
				noncompliant jurisdiction to facilitate speedy resolution of the finding of
				noncompliance.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-900, 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 › COMPLIANCE/REMAND › Section 242-03-910 - Compliance - Expedited hearing

Current through Register Vol. 24-14, July 15, 2024
When a city or county has taken legislative action to comply
				  with all or part of the board's order prior to the expiration of the time set
				  for compliance, the city or county may file a motion requesting an expedited
				  compliance hearing. The department of ecology may request an expedited
				  compliance hearing when it has taken action to comply with the board's order.
				  The presiding officer shall promptly set a new hearing date and issue a notice
				  establishing the time and place of the hearing and a briefing
				  schedule.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-910, 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 › COMPLIANCE/REMAND › Section 242-03-920 - Statement of action taken to comply - Compliance index

Current through Register Vol. 24-14, July 15, 2024
On or before the date indicated in the compliance schedule,
				  the city, county or state agency subject to an order of noncompliance shall
				  file a brief indicating the legislation adopted or other action taken to comply
				  with the board's order. A copy of the legislation or relevant portion shall be
				  attached to the brief. The city, county or state agency shall also provide a
				  compliance index including the index from the original proceeding and a listing
				  of all additional material used subsequent to the remand in taking the action
				  to comply, including materials submitted in public comment.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-920, 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 › COMPLIANCE/REMAND › Section 242-03-930 - Compliance participant

Current through Register Vol. 24-14, July 15, 2024
(1) A
				person with standing to challenge legislation or other action taken in response
				to the board's order may petition the board to be allowed to participate at the
				compliance hearing. The compliance participant shall file a motion to
				participate by the date indicated in the compliance schedule, or if no date is
				indicated, by at least twenty days before the initial prehearing brief would be
				required under the compliance schedule. The motion should indicate the basis of
				the person's standing pursuant to
				RCW
				   36.70A.330(2) and the
				person's interest in the matter. Participation in the compliance proceeding
				shall be limited to matters about which the person testified in the proceedings
				below related to issues concerning compliance with the board's prior order. The
				compliance participant shall abide by the briefing schedule set in the
				compliance schedule.
(2) A person
				who has participated in the proceedings of a city, county, or state agency to
				enact legislation or take other action in response to the board's order and who
				seeks to raise new issues unrelated to compliance with the board's prior order,
				must file a new petition for review. New issues are issues not within the
				nature, scope and statutory basis of conclusions of noncompliance in the
				board's prior order finding noncompliance.
(3) A compliance participant seeking to be a
				party to all subsequent proceedings in the matter shall so indicate by a motion
				to intervene.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-930, 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 › COMPLIANCE/REMAND › Section 242-03-950 - Compliance - Rescinding invalidity after new legislation or action

Current through Register Vol. 24-14, July 15, 2024
If a county, city, or state agency subject to a determination
				  of invalidity has taken action amending the invalidated plan, regulation or
				  part thereof, the county, city, or state agency may move for a hearing to
				  modify or rescind invalidity. Pursuant to
				  RCW
				     36.70A.302(7), the board
				  shall expeditiously schedule a hearing on the motion. Not later than thirty
				  days after the hearing on the motion, the board shall issue an order
				  continuing, modifying, or rescinding the determination of invalidity depending
				  upon whether the city, county, or state agency's action has removed the basis
				  for invalidity so that it no longer substantially interferes with the goals of
				  the act. The board may rescind a determination of invalidity but find
				  continuing noncompliance, in which case the board shall establish a new
				  compliance schedule.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-950, 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 › COMPLIANCE/REMAND › Section 242-03-960 - Continued noncompliance - Recommendation to the governor

Current through Register Vol. 24-14, July 15, 2024
If the board finds that the county, city, or state agency
				  continues to be in noncompliance with the act, the board shall transmit its
				  findings to the governor. The board may recommend that sanctions authorized by
				  the act be imposed. A county or city's efforts to meet a compliance schedule
				  shall be considered by the board in making a recommendation on sanctions to the
				  governor.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-960, 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 › COMPLIANCE/REMAND › Section 242-03-970 - Appeals of a board's final decision

Current through Register Vol. 24-14, July 15, 2024
(1) Any party aggrieved by a final decision
				of the board may appeal the decision to superior court as provided in
				RCW
				   34.05.514 and
				34.05.542 or
				36.01.050 within thirty days of service of the final decision of the board.
(2) The petition for review of a final
				decision of the board shall be served on the board, however, it is not
				necessary to name the board as a party.
(3) Application for direct appellate review
				of a decision of the board is governed by the procedures and criteria of
				RCW
				   34.05.518.
Statutory Authority:
					 RCW
					    43.21B.005,
					 43.21B.090, and
					 36.70A.270(7).
					 12-05-110, § 242-03-970, filed 2/22/12, effective 3/24/12. Statutory
					 Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-970, 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 › COMPLIANCE/REMAND › Section 242-03-980 - Record on appeal

Current through Register Vol. 24-14, July 15, 2024
(1) The board's
				record on appeal includes all documents served on the parties by the board for
				that numbered case plus all documents submitted to the board for that numbered
				case, including any compliance proceedings. For a consolidated case, the record
				also includes all such documents associated with the cases that were so
				consolidated. The record also includes the board's recorded
				hearing(s).
(2) Pursuant to
				RCW
				   34.05.566(4), the record may
				be shortened by stipulation of all parties within twenty days of the filing of
				the appeal and prior to commencement of certification of the record.
(3) The board will prepare the record for
				certification after it receives a commitment from the party seeking review to
				pay the costs of transcribing the recorded hearing(s) and of copying the
				record. Payment of costs is required prior to certification of the record to
				the court.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-980, 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 › COMPLIANCE/REMAND › Section 242-03-990 - Procedure on remand

Current through Register Vol. 24-14, July 15, 2024
Within forty-five days of receipt of a reviewing court's
				  mandate remanding a decision of the board, or final remand order in the case of
				  a superior court decision, the presiding officer will convene a conference of
				  the parties as necessary to determine the procedures required to resolve the
				  matter in accordance with the mandate or final order.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-990, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-06 - Compliance with State Environmental Policy Act › Section 242-06-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to comply with and implement
				RCW
				   43.21C.120 directing every state agency to
				adopt rules pertaining to the integration of the policies and procedures of the
				State Environmental Policy Act into the various programs under their
				jurisdiction for implementation.
Statutory Authority:
				  RCW
				  36.70A.270(6). 92-21-034,
				  § 242-06-010, filed 10/15/92, effective
				  10/15/92.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-06 - Compliance with State Environmental Policy Act › Section 242-06-020 - Application

Current through Register Vol. 24-14, July 15, 2024
The boards, both individually and collectively, have reviewed
				their authorized activities pursuant to WAC
				197-11-800(12) and found them to be exempt under the provisions of chapter 197-11
				WAC.
Statutory Authority:
				  RCW
				  36.70A.270(6). 92-21-034,
				  § 242-06-020, filed 10/15/92, effective
				  10/15/92.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › ORGANIZATION, OPERATIONS, AND PROCEDURES › Section 243-01-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to ensure compliance by the Washington health care policy board with the provisions of chapters 42.17 and 34.05 RCW of the Revised Code of Washington (RCW).
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-010, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › ORGANIZATION, OPERATIONS, AND PROCEDURES › Section 243-01-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Board" means the Washington health care policy board and also refers to employees of the board.
(2) "Public record" means any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
(3) "Writing" means handwriting, typewriting, printing, photostatting, photographing, and every other means of recording any form of communication or representation, including but not limited to, letters, words, pictures, sounds or symbols, or any combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion pictures, film and video recordings, magnetic or punch cards, disks, drums, diskettes, sound recordings, and other documents, including existing data compilations from which information may be obtained or translated.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-020, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › ORGANIZATION, OPERATIONS, AND PROCEDURES › Section 243-01-030 - Description of organization

Current through Register Vol. 24-14, July 15, 2024
The board is a public agency which exercises essential government functions. The board consists of five full-time members appointed by the governor; two members of the state senate and two members of the state house of representatives. One member is designated by the governor as chair and serves at the pleasure of the governor. The administrative office of the board is located at the Employment Security Building, 605 Woodland Square Loop Southwest, Lacey, Washington.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-030, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › ORGANIZATION, OPERATIONS, AND PROCEDURES › Section 243-01-040 - Operations and procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
Uniform procedure rules:
The board's practices and procedures are governed by the Uniform Procedure Rules codified in WAC 1-08-005 through 1-08-590, as now or hereafter amended. The board adopts these rules as its own, subject to any additional rules the board may add from time to time. The board reserves the right to make whatever determinations are equitable should any question covered by its rules come before the board.
(2)
Board meetings:
(a) Regular public meetings of the board will be held pursuant to the schedule published periodically in the
Washington State Register
. The purpose of these meetings shall be to conduct the official, substantive business of the board;
(b) Additional special public meetings necessary to discharge the official, substantive business of the board may be called from time to time by the chair or by a quorum of the board.
(c) Board staff meetings will be held pursuant to the schedule published annually in the
Washington State Register
. The purposes of these informal meetings are to deal with administrative matters, conduct briefings and other presentations, present status reports, share information among board members and staff, and determine processes for conducting board business. These meetings will not involve public testimony, formal recommendations, substantive decisions on work program tasks, and other final actions, all of which will be addressed at regular and special board meetings.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › ORGANIZATION, OPERATIONS, AND PROCEDURES › Section 243-01-050 - Board activities exempt from the Environmental Protection Act

Current through Register Vol. 24-14, July 15, 2024
The board has reviewed its authorized activities and has found them to be exempt pursuant to chapter 43.21C RCW.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-050, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-060 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the board are deemed to be available for public inspection and copying at the board's administrative office pursuant to these rules, except as otherwise provided by RCW    42.17.310 and other laws.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-060, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-070 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The board's public records shall be under the charge of the public records officer designated by the board chair. The person so designated shall be responsible for implementing these rules and regulations regarding the release of public records, and generally for ensuring compliance with the public records disclosure requirements of chapter 42.17 RCW and, in particular, RCW    42.17.250 through [42.17].340.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-070, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-080 - Office hours

Current through Register Vol. 24-14, July 15, 2024
Public records shall be available for inspection and copying at the board's administrative office, from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Mondays through Fridays, excluding legal holidays.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-080, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-090 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
In accordance with the provisions of chapter 42.17 RCW requiring agencies to prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records of the board may be inspected or copied, or copies of such records may be obtained, by members of the public upon compliance with the following procedures:
(1) A request shall be made in writing upon a form prescribed by the board which shall be available at its administrative office. A completed form shall be presented to any member of the board staff at the board's administrative office during customary office hours. The request shall include the following information:
(a) The name, mailing address, and telephone number of the person requesting the record and the organization represented, if any.
(b) The time of day and calendar date on which the request was made.
(c) A description of the material requested.
(d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested record as it is described in such current index.
(e) If the requested matter is identifiable by reference to a current index, an appropriate identification of the record requested.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-100 - Responses to requests for public records

Current through Register Vol. 24-14, July 15, 2024
Within five business days of receiving a public records request, the board must respond by either:
(1) Providing the records;
(2) Denying the public records request; or
(3) Acknowledging that the board has received the request and providing a reasonable estimate of the time the board will require to respond to the request.
Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public records request that is unclear, the board may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the board need not respond to it.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-100, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-110 - Copying

Current through Register Vol. 24-14, July 15, 2024
No fee shall be charged for the inspection of public records. The board shall charge fifteen cents per page for providing copies or duplications of public records, and for use of the board's photocopy equipment. The charge is the amount necessary to reimburse the board for its actual copying costs. When copying or duplication of nonstandard items is requested, the fee charged will reflect the total cost, including the time of board personnel.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-110, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-120 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The commission reserves the right to determine that a public record requested in accordance with the procedures outlined in this chapter is exempt under the provisions of RCW    42.17.310, including, but limited to, the following:
(a) Personal information in files maintained for board members and employees of the board to the extent that disclosure would violate their right to privacy;
(b) Preliminary drafts, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by the board in connection with any board action;
(c) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;
(d) The residential addresses and telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-130 - Review or denial of public records requests

Current through Register Vol. 24-14, July 15, 2024
Any person who objects to a denial of a public records request or who objects to the reasonableness of the estimate of the time the board requires to respond to a public records request, shall petition the superior court in the county in which the record is maintained under the provisions of RCW    42.17.340.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-130, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-140 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
In order to protect the public records in the custody of the board, the following guidelines shall be followed by any person inspecting such public records:
(1) No public records shall be removed from the board's administrative office;
(2) Inspection of any public records shall be conducted in the presence of a board member or a member of the board staff;
(3) No public record may be marked or defaced in any manner during inspection;
(4) Public records maintained in a file jacket or binders, or in chronological order, may not be dismantled except for the purpose of copying, and then only by a board member or a member of the board staff; and
(5) Access to file cabinets, shelves, vaults, and other storage locations is restricted to board members and staff.
Statutory Authority: RCW 42.17.250. 95-23-058, § 243-01-140, filed 11/15/95, effective 12/16/95.
Washington Administrative Code › Title 243 - Health Care Policy Board › Chapter 243-01 - Administration and operations › PUBLIC RECORDS › Section 243-01-150 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The board shall make available to all persons a current index which provides identifying information for records which have been issued, adopted, or promulgated, as follows:
(a) Those statements of policy and interpretations of policy, statute, and the constitution which have been adopted by the board;
(b) Administrative staff manuals and instructions to staff that affect any member of the public;
(c) Board planning policies and goals, and interim and final planning decisions;
(d) Staff, consultant, and scientific reports and studies and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and
(e) Correspondence and materials referred to therein relating to any regulations, supervisory, or enforcement responsibilities of the board.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-010 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
These rules are promulgated pursuant to the statutory authority contained in chapter 15.74 RCW.
Statutory Authority: 1991 c 67. 91-14-055, §
										244-12-010, filed 6/27/91, effective 7/1/91.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-020 - Commission purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this commission is to promote the general welfare of the state by assisting in the retention, expansion, and attraction of hardwood-related industries in the state of Washington. This shall be accomplished in the following manner:
(1) Create a climate for development and support of the industry.
(2) Coordinate efforts to enhance and promote the expansion of the forest industry among state and federal agencies, industrial organizations, and institutions of higher learning.
(3) Develop products and markets for various species and grades of hardwoods.
(4) Study and recommend a tax program that will attract new firms and promote stability for existing firms.
(5) Develop an enhancement and protection program that will reduce waste and respect environmental sensitivity.
(6) Develop financial assistance programs from public and private moneys for attraction and expansion of new and existing primary, secondary, and tertiary processing facilities.
(7) Utilize recognized experts in educational institutions, public and private foundations, and agencies of the state to facilitate research into economic development, hardwood silviculture, woodland management, development of new products, and public education.
(8) Cooperate with the department of natural resources in the development of best management practices for hardwood resources.
Statutory Authority: 1991 c 67. 91-14-055, §
										244-12-020, filed 6/27/91, effective 7/1/91.