reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-18 - Council meetings and proceedings › Section 463-18-020 - Governing procedure

Current through Register Vol. 24-14, July 15, 2024
The following procedures shall apply to proceedings under the
				Open Public Meetings Act,
				chapter
				42.30 RCW and rule-making
				proceedings under the Administrative Procedure Act,
				chapter
				34.05 RCW:
(1) A majority of the voting council members constitutes a
				quorum for the conduct of council business.
(2) All council decisions shall be transacted by motion.
				Motions may be made by any council member and shall require a second.
(3) Voting on all motions shall be by voice vote unless a
				division is called for, in which case the chair shall call the roll by agency
				and record the votes of each voting member present, "yea" or "nay."
(4) The order of business shall be conducted as prescribed by
				the agenda.
(a) The council manager shall prepare each meeting's agenda in
				consultation with the chair.
(b) The council may modify a meeting's
				agenda.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-18 - Council meetings and proceedings › Section 463-18-050 - Open Public Meetings Act proceedings

Current through Register Vol. 24-14, July 15, 2024
The following requirements apply to those portions of the
				council's business that fall within the scope of the Open Public Meetings Act,
				chapter
				42.30 RCW:
(1) Other than executive sessions, the council's meetings are
				open to the public.
(2) Regular meetings. Because the council does not hold
				meetings in accordance with a periodic schedule declared by statute or rule,
				the council's meetings are not "regular meetings" within the meaning of the
				Open Public Meetings Act.
(3) Special meetings.
(a) The chair or a majority of the voting members of the
				council may call a special meeting at any time in accordance with
				RCW  42.30.080 by delivering written notice
				personally or by mail to each council member; and to each local newspaper of
				general circulation and to each local radio or television station which has on
				file a written request to be notified of such special meeting or of all special
				meetings. Such notice must be delivered personally or by mail at least
				twenty-four hours before the time of such meeting as specified in the notice.
				The call and notice shall specify the time and place of the special meeting and
				the business to be transacted. Final disposition shall not be taken on any
				other matter at such meetings. Such written notice may be dispensed with as to
				any member who at or prior to the time the meeting convenes files with the
				council manager a written waiver of notice. Such waiver may be given by
				telegram. Such written notice may also be dispensed with as to any member who
				is actually present at the meeting at the time it convenes. The notices
				provided in this section may be dispensed with in the event a special meeting
				is called to deal with an emergency involving injury or damage to persons or
				property or the likelihood of such injury or damage, when time requirements of
				such notice would make notice impractical and increase the likelihood of such
				injury or damage.
(b) In addition to the special meeting notice requirements
				under RCW  42.30.080 described in subsection (4) of this
				section, the council shall, on or before January of each year, fix the time and
				place of the special meetings it proposes to hold during the upcoming calendar
				year and publish a schedule of those meetings in the
Washington State
				Register
. The council need not publish in the Register notice of any
				change from such meeting schedule although it may, in its discretion, elect to
				do so. In addition to the scheduled special meetings published in the
Washington State Register
, the council may hold other special
				meetings without publication in the Register.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-18 - Council meetings and proceedings › Section 463-18-090 - Adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
Adjudicative proceedings required by
				RCW  80.50.090(3) shall be
				governed by the Administrative Procedure Act,
				chapter
				34.05 RCW, and chapter
				463-30 WAC.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-18-090, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-18 - Council meetings and proceedings › Section 463-18-100 - Rule-making proceedings

Current through Register Vol. 24-14, July 15, 2024
Rule-making proceedings shall be governed by the Administrative
				Procedure Act,
				chapter
				34.05 RCW.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-18-100, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth procedures and guidelines for
				processing potential site studies pursuant to
				RCW  80.50.175.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-22-010, filed 10/11/04, effective 11/11/04; Order 106,
				  §
										463-22-010, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-020 - Potential site study request - Where submitted

Current through Register Vol. 24-14, July 15, 2024
Requests shall be submitted to the energy facility site
				evaluation council at the council office in writing.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-22-020, filed 10/11/04, effective 11/11/04; Order 106,
				  §
										463-22-020, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-030 - Potential site study - Fee

Current through Register Vol. 24-14, July 15, 2024
An initial fee of $10,000 shall accompany the study request and
				shall be a condition precedent to any action by the council. Payment shall be
				made by a cashier's check payable to the state treasurer.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-22-030, filed 10/11/04, effective 11/11/04; Order 106,
				  §
										463-22-030, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-040 - Potential site study - Contents

Current through Register Vol. 24-14, July 15, 2024
A request for potential site study is to include a legal
				description of the proposed site, a general description of the area in which
				the proposed energy facility is to be located, and a description of the type,
				size, and significant features of the proposed facility itself. The council may
				require further information which it deems necessary to complete the
				request.
Order 106, §
										463-22-040, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-050 - Retention of consultant

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a request for a potential site study, the
				council shall commission an independent consultant of its choice to study and
				report in writing to the council on the potential site. The report of study
				shall set forth a general analysis of the potential environmental impact of the
				proposed energy facility and shall identify significant areas of environmental
				concern. The study may also encompass whatever other matters the council and
				potential applicant deem essential for an adequate appraisal of the potential
				site and potentially impacted areas surrounding or adjacent to the
				site.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-22-050, filed 10/11/04, effective 11/11/04; Order 106,
				  §
										463-22-050, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-060 - Notification of local authorities

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a request for study of a potential site, the
				council will give notice to the legislative authority in each county, city and
				port district within whose boundaries the site of the proposed energy facility
				is located.
Statutory Authority:
				  RCW 80.50.040(1). 78-09-080
				  (Order 78-7), §
										463-22-060, filed 8/28/78; Order 106, §
										463-22-060,
				  filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-070 - Independent consultant study - No preliminary approval

Current through Register Vol. 24-14, July 15, 2024
Nothing stated or recommended by the consultant, either during
				the study stage or in its report, shall be interpreted as preliminary approval
				or disapproval of the potential site by the council.
Order 106, §
										463-22-070, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-080 - Procedure where application precedes conclusion of study

Current through Register Vol. 24-14, July 15, 2024
In the event an application for certification is made prior to
				completion of the study, the council may terminate the study prior to
				completion.
Order 106, §
										463-22-080, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-090 - Additional costs procedure

Current through Register Vol. 24-14, July 15, 2024
The council shall provide the potential applicant an estimate
				of the full cost needed to complete the study including costs for consultants,
				council staff, council members, and other such expenses that are deemed
				reasonable by the council. In no event shall the study be allowed to continue
				if the potential applicant has not agreed to pay the cost
				thereof.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-22-090, filed 10/11/04, effective 11/11/04; Order 106,
				  §
										463-22-090, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-22 - Potential site studies › Section 463-22-100 - Public information meeting

Current through Register Vol. 24-14, July 15, 2024
During the potential site study, the council may hold a public
				information meeting in the county or counties within whose boundaries the site
				of the proposed energy facility is located, or as close to the proposed site as
				practicable. The council shall publish notice of the meeting in local daily or
				weekly news publications. This public information meeting shall not be in lieu
				of the requirements of
				RCW  80.50.090.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-22-100, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth the procedures to be followed in the
				conduct of the public informational meeting pursuant to
				RCW  80.50.090(1) and as
				described in WAC
				463-26-025, and the public land
				use hearing held pursuant to
				RCW  80.50.090(2).
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-010, filed 10/11/04, effective 11/11/04; Order 109,
				  §
										463-26-010, filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-020 - Notification of local authorities

Current through Register Vol. 24-14, July 15, 2024
Before conducting either the public informational meeting under
				RCW  80.50.090(1) or the public
				land use hearing under
				RCW  80.50.090(2), the council
				will notify the legislative authority in each county, city and port district
				within whose boundaries the site of the proposed energy facility is
				located.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-020, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 78-09-081
				  (Order 78-8), §
										463-26-020, filed 8/28/78; Order 109, §
										463-26-020,
				  filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-025 - Public informational meeting

Current through Register Vol. 24-14, July 15, 2024
The council shall conduct at least one public informational
				meeting concerning each application. At this meeting, the council will present
				the general procedure to be followed in processing the application including a
				tentative sequence of council actions, the rights and methods of participation
				by local government in the process, and the means and opportunities for the
				general public to participate.
(1) The applicant shall make a presentation of the proposed
				project utilizing appropriate exhibits. The presentation shall include: A
				general description of the project and the proposed site; reasons why the
				proposed site or location was selected; and a summary of anticipated
				environmental, social, and economic impacts.
(2) The general public shall be afforded an opportunity to
				present written or oral comments relating to the proposed project. The comments
				may become part of the adjudicative proceeding record.
(3) The informational meeting shall be held in the general
				proximity of the proposed project as soon as practicable within sixty days
				after receipt of an application for site certification.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-025, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-035 - Introduction of counsel for the environment

Current through Register Vol. 24-14, July 15, 2024
The council shall invite the counsel for the environment to be
				present at the public informational meeting. Counsel for the environment shall
				be introduced and afforded an opportunity to explain his or her statutory
				duties under
				chapter
				80.50 RCW.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-035, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-050 - Purpose for land use hearing

Current through Register Vol. 24-14, July 15, 2024
At the commencement of the public land use hearing, the council
				shall explain that the purpose of the hearing under
				RCW  80.50.090(2) is to determine
				whether at the time of application the proposed facility was consistent and in
				compliance with land use plans and zoning ordinances. Pursuant to
				RCW  80.50.020(15)"land use
				plan" means a comprehensive plan or land use element thereof adopted by a unit
				of local government under
				chapters
				35.63,
				35A.63, or
				36.70 RCW. Pursuant to
				RCW  80.50.020(16)"zoning
				ordinance" means an ordinance of local government regulating the use of land
				and adopted pursuant to
				chapters
				35.63,
				35A.63, or
				36.70 RCW or Article XI of the
				state constitution.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-050, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 78-09-081
				  (Order 78-8), §
										463-26-050, filed 8/28/78; Order 109, §
										463-26-050,
				  filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-060 - Public announcement - Testimony

Current through Register Vol. 24-14, July 15, 2024
At the outset of the public land use hearing, the council shall
				publicly announce that opportunity for testimony by anyone shall be allowed
				relative to the consistency and compliance with land use plans and zoning
				ordinances.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-060, filed 10/11/04, effective 11/11/04; Order 109,
				  §
										463-26-060, filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-090 - Procedure where certificates affirming compliance with land use plans and zoning ordinances are presented

Current through Register Vol. 24-14, July 15, 2024
This rule contemplates that applicants will enter as exhibits,
				at the land use hearing, certificates from local authorities attesting to the
				fact that the proposal is consistent and in compliance with land use plans and
				zoning ordinances. In cases where this is done, such certificates will be
				regarded as
prima facie
proof of consistency and compliance
				with such land use plans and zoning ordinances absent contrary demonstration by
				anyone present at the hearing.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-090, filed 10/11/04, effective 11/11/04; Order 109,
				  §
										463-26-090, filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-100 - Procedure where no certificates relating to land use plans and zoning ordinances are presented

Current through Register Vol. 24-14, July 15, 2024
In cases where no certificates relating to land use plans and
				zoning ordinances are presented to the council, then the applicant and local
				authorities shall address compliance or noncompliance with land use plans or
				zoning ordinances.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-100, filed 10/11/04, effective 11/11/04; Order 109,
				  §
										463-26-100, filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-26 - Public informational meeting and land use hearing › Section 463-26-110 - Determination regarding land use plans and zoning ordinances

Current through Register Vol. 24-14, July 15, 2024
The council shall make a determination as to whether the
				proposed site is consistent and in compliance with land use plans and zoning
				ordinances pursuant to
				RCW  80.50.090(2).
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-26-110, filed 10/11/04, effective 11/11/04; Order 109,
				  §
										463-26-110, filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-28 - State preemption › Section 463-28-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth procedures to be followed by the
				council in determining whether to recommend to the governor that the state
				preempt land use plans, zoning ordinances, or other development regulations for
				a site or portions of a site for an energy facility, or alternative energy
				facility.
Statutory Authority:
				  RCW 80.50.040(1). 07-21-035,
				  §
										463-28-010, filed 10/9/07, effective 11/9/07. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-28-010, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 78-07-036
				  (Order 78-3), §
										463-28-010, filed
				  6/23/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-28 - State preemption › Section 463-28-020 - Authority of council - Preemption by state

Current through Register Vol. 24-14, July 15, 2024
The authority of the council is contained in
				RCW  80.50.040(1) and
				80.50.110(2) which provides that the state preempts the regulation and certification of the
				location, construction, and operational conditions of certification of energy
				facilities.
Statutory Authority:
				  RCW 80.50.040(1). 78-07-036
				  (Order 78-3), §
										463-28-020, filed
				  6/23/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-28 - State preemption › Section 463-28-060 - Adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) Should the council determine under WAC
				463-26-110 a site or any portions
				of a site is inconsistent it will schedule an adjudicative proceeding under
				chapter 463-30 WAC to consider preemption.
(2) The proceeding for preemption may be combined or scheduled
				concurrent with the adjudicative proceeding held under
				RCW  80.50.090(3).
(3) The council shall determine whether to recommend to the
				governor that the state preempt the land use plans, zoning ordinances, or other
				development regulations for a site or portions of a site for the energy
				facility or alternative energy resource proposed by the
				applicant.
Statutory Authority:
				  RCW 80.50.040(1). 07-21-035,
				  §
										463-28-060, filed 10/9/07, effective 11/9/07. Statutory Authority:
				  RCW 80.50.040. 91-03-090, §
										463-28-060,
				  filed 1/18/91, effective 2/18/91. Statutory Authority:
				  RCW 80.50.040(1). 83-08-031
				  (Order 83-2), §
										463-28-060, filed 3/31/83; 78-07-036 (Order 78-3), §
										463-28-060, filed 6/23/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-28 - State preemption › Section 463-28-070 - Certification - Conditions - State/local interests

Current through Register Vol. 24-14, July 15, 2024
If the council approves the request for preemption it shall
				include conditions in the draft certification agreement which consider state or
				local governmental or community interests affected by the construction or
				operation of the energy facility or alternative energy resource and the
				purposes of laws or ordinances, or rules or regulations promulgated thereunder
				that are preempted pursuant to
				RCW  80.50.110(2).
Statutory Authority:
				  RCW 80.50.040(1). 07-21-035,
				  §
										463-28-070, filed 10/9/07, effective 11/9/07; 78-07-036 (Order 78-3),
				  §
										463-28-070, filed 6/23/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-28 - State preemption › Section 463-28-080 - Preemption - Recommendation

Current through Register Vol. 24-14, July 15, 2024
The council's determination on a request for preemption shall
				be part of its recommendation to the governor pursuant to
				RCW  80.50.100.
Statutory Authority:
				  RCW 80.50.040(1). 07-21-035,
				  §
										463-28-080, filed 10/9/07, effective 11/9/07. Statutory Authority:
				  RCW 80.50.040. 91-03-090, §
										463-28-080,
				  filed 1/18/91, effective 2/18/91. Statutory Authority:
				  RCW 80.50.040(1). 78-07-036
				  (Order 78-3), §
										463-28-080, filed
				  6/23/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth procedures by which
				adjudicative proceedings are to be conducted before the council under
				chapter
				34.05 RCW. Except as
				indicated herein, the uniform procedural rules set forth in chapter 10-08 WAC
				shall not apply to adjudicative proceedings before the
				council.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-010, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-010,
				  filed 2/13/90, effective 3/16/90; Order 109, §
										463-30-010, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-020 - Council conducted hearings and administrative law judges

Current through Register Vol. 24-14, July 15, 2024
The council is the presiding officer at adjudicative
				proceedings pursuant to
				chapters
				34.05 and
				80.50 RCW. The council may utilize
				an administrative law judge provided by the office of administrative hearings
				to facilitate conduct of administrative hearings and all matters related
				thereto. Administrative hearings shall be governed by
				chapter
				34.05 RCW and this
				chapter.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-020, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-020,
				  filed 2/13/90, effective 3/16/90. Statutory Authority:
				  RCW 80.50.040(1). 82-10-027
				  (Order 82-2), §
										463-30-020, filed 4/30/82; Order 109, §
										463-30-020,
				  filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-050 - Status of members in adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
All state agencies and local governments having members on the
				council are deemed to be parties to any adjudicative proceeding before the
				council. For purposes of any adjudicative proceeding, however, the agency or
				local government representative on the council shall be deemed to be a member
				of the council and not a member of the agency or local government. Members of
				the council shall not communicate with employees of the represented agency or
				local government, who have participated in the proceeding or who are otherwise
				disqualified by
				RCW  34.05.455.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-050, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-050,
				  filed 2/13/90, effective 3/16/90; Order 109, §
										463-30-050, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-060 - Definitions - Persons and parties

Current through Register Vol. 24-14, July 15, 2024
The terms "person" and "party" when used in this chapter shall
				have the following meanings. The term "person" shall be defined according to
				RCW  80.50.020(3). The term
				"party" shall mean and be limited to the following:
(1) The "applicant" as defined in
				RCW  80.50.020(1).
(2) Each "member agency" as specified in
				RCW  80.50.030(3) through
				(6).
(3) The "counsel for the environment" as defined in
				RCW  80.50.020(12).
(4) Each person admitted to an adjudicative proceeding as an
				"intervenor," is a party only for the purposes and subject to any limitations
				and conditions specified in the council order granting
				intervention.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-060, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-060,
				  filed 2/13/90, effective 3/16/90; Order 109, §
										463-30-060, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-080 - Commencement of adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
Adjudicative proceedings shall commence upon issuance of a
				formal notice of hearing or prehearing conference. The notice shall be served
				upon all parties at least twenty days in advance of the initial hearing date,
				unless the council finds that an emergency exists requiring the hearing or
				prehearing conference to be held upon less notice.
The time and place of continued hearing sessions may also be
				set:
(1) Upon the record without further written notice to the
				parties; or
(2) By letter from the council manager; or
(3) By letter from the presiding officer.
In such instances, twenty days' prior notice is not
				required.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-080, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.040(1) and
				  34.05.250. 98-01-084, §
										463-30-080, filed 12/12/97, effective 1/12/98. Statutory Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-080,
				  filed 2/13/90, effective 3/16/90. Statutory Authority:
				  RCW 80.50.040(1). 81-07-019
				  (Order 81-1), §
										463-30-080, filed 3/11/81; Order 109, §
										463-30-080,
				  filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-085 - Provisions regarding limited English-speaking and hearing impaired persons

Current through Register Vol. 24-14, July 15, 2024
Provisions in WAC
				10-08-040(2) and
				(3)(c),
				10-08-045,
				10-08-150, and
				10-08-160(2) relating to procedures involving limited English-speaking or hearing impaired
				persons are incorporated in these rules by this reference.
Statutory Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-085,
				  filed 2/13/90, effective 3/16/90.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-090 - Publicity - Commencement of adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
Upon the filing of an application for certification, the
				council shall prepare an appropriate statement for dissemination to the news
				media which shall: (1) Describe all actions taken to date regarding the
				proposed site, and (2) state clearly that any person may be allowed to present
				timely written or oral argument for or against the proposed site to be
				certified and that advance notice within a reasonable time shall be required of
				persons who desire status as intervenors in accordance with WAC
				463-30-091.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-090, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-090,
				  filed 2/13/90, effective 3/16/90; Order 109, §
										463-30-090, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-091 - Intervention

Current through Register Vol. 24-14, July 15, 2024
On timely application in writing to the council, intervention
				shall be allowed to any person upon whom a statute confers a right to intervene
				and, in the discretion of the council, to any person having an interest in the
				subject matter and whose ability to protect such interest may be otherwise
				impaired or impeded. All petitions to intervene shall be verified under oath by
				the petitioner, shall adequately identify the petitioner, and shall establish
				with particularity an interest in the subject matter and that the ability to
				protect such interest may be otherwise impaired or impeded. In exercising
				discretion with regard to intervention, the council shall consider whether
				intervention by the petitioner would unduly delay the proceeding or prejudice
				the rights of the existing parties. The council may establish a date after
				which petitions to intervene will not be considered except for good cause
				shown. When such a date has been established, the council will assure that
				adequate public notice is given.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-091, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-092 - Participation by intervenor

Current through Register Vol. 24-14, July 15, 2024
In general, it is the policy of the council to allow any
				intervenor broad procedural latitude. To the extent that the council determines
				that numerous intervenors might unduly delay the proceedings or prejudice the
				rights of existing parties, intervenor status may be conditioned upon assent by
				the prospective intervenor and counsel for the environment to allow the counsel
				for the environment to act as lead counsel for the balance of the hearing,
				where the intervenor's interests more closely align with those of the counsel
				for the environment. Intervenor status may also be conditioned upon allowance
				of other parties to act as lead parties, where appropriate. The council
				reserves the right to prescribe other limitations and conditions, where
				appropriate.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-092, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-093 - Participation by county, city and port district representatives

Current through Register Vol. 24-14, July 15, 2024
In any adjudicative site certification proceeding, designated
				council members representing local jurisdictions may discuss and, if
				authorized, vote only on issues affecting their jurisdictions. Issues shall be
				separated for purposes of discussion and voting.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-093, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-100 - Appearance and practice before the council

Current through Register Vol. 24-14, July 15, 2024
(1) General. In all proceedings in which pleadings are filed
				and a hearing is held involving the taking of testimony on a record subject to
				review by the courts, the following persons may appear in a representative
				capacity:
(a) Attorneys at law duly qualified and entitled to practice
				before the supreme court of the state of Washington;
(b) Attorneys at law duly qualified and entitled to practice
				before the highest court of any other state;
(c) Upon permission of the presiding officer, an officer or
				employee of a party or person seeking party status.
The presiding officer may expel a person who does not have the
				requisite degree of legal training, experience, or skill to appear in a
				representative capacity.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-120 - Format, filing and service of documents

Current through Register Vol. 24-14, July 15, 2024
(1) Format.
(a) All pleadings, motions, and other documents (including
				prefiled testimony) filed with the council shall be legibly written or printed.
				The use of letter size paper (8 1/2 by 11 inches) is mandatory. The writing or
				printing shall appear on two sides of the page.
(b) The requirements of (a) of this subsection are not
				mandatory for exhibits but the use of exhibits that comply with (a) of this
				subsection is encouraged if it does not impair legibility.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-190 - Discovery practice

Current through Register Vol. 24-14, July 15, 2024
Discovery is available when permitted by the presiding officer
				and shall be conducted in accordance with
				RCW  34.05.446.
Statutory Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-190,
				  filed 2/13/90, effective 3/16/90; Order 109, §
										463-30-190, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-200 - Subpoenas - Practice

Current through Register Vol. 24-14, July 15, 2024
(1) Subpoenas shall be issued and enforced, and witness fees
				paid, as provided in
				RCW  34.05.446.
(2) Every subpoena shall identify the party causing issuance of
				the subpoena and shall state the name of the agency and the title of the
				proceeding and shall command the person to whom it is directed to attend and
				give testimony or produce designated books, documents, or things under his or
				her control at the time and place set for the hearing.
(3) A subpoena may be served by any suitable person over
				eighteen years of age, by exhibiting and reading it to the witness, or by
				giving him or her a copy thereof, or by leaving such copy at the place of his
				or her abode. When service is made by any other person than an officer
				authorized to serve process, proof of service shall be made by
				affidavit.
(4) The presiding officer, upon motion made promptly and in any
				event at or before the time specified in the subpoena for compliance therewith,
				may:
(a) Quash or modify the subpoena if it is unreasonable and
				oppressive; or
(b) Condition denial of the motion upon the advancement by the
				person in whose behalf the subpoena is issued of the reasonable cost of
				producing the books, papers, documents, or tangible things.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-230 - Official notice

Current through Register Vol. 24-14, July 15, 2024
(1) Upon written or oral motion the council may officially
				notice:
(a) Any judicially cognizable facts;
(b) Technical or scientific facts within the council's
				specialized knowledge; and
(c) Codes or standards that have been adopted by an agency of
				the United States, of this state or of another state, or by a nationally
				recognized organization or association.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-240 - Official notice - Evaluation of evidence

Current through Register Vol. 24-14, July 15, 2024
WAC
				463-30-230 shall not be construed
				to preclude the council from utilizing its experience, technical competence,
				and specialized knowledge in the evaluation of the evidence presented to
				it.
Statutory Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-240,
				  filed 2/13/90, effective 3/16/90; Order 109, §
										463-30-240, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-250 - Stipulations of fact

Current through Register Vol. 24-14, July 15, 2024
A stipulation is an agreement among parties intended to
				establish one or more operative facts in an adjudicative proceeding. The
				council encourages parties to enter stipulations of fact. The parties to an
				adjudicative proceeding before the council may agree to all of the facts or any
				portion of the facts involved in the proceeding. The parties to a stipulation
				may file it in writing or enter it orally into the record. A stipulation, if
				accepted by the council, is binding on the stipulating parties. The parties may
				present the stipulation as evidence at the hearing. The council may reject the
				stipulation or require proof of the stipulated facts, despite the parties'
				agreement to the stipulation.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-250, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-250,
				  filed 2/13/90, effective 3/16/90; Order 109, §
										463-30-250, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-251 - Alternative dispute resolution

Current through Register Vol. 24-14, July 15, 2024
The council supports parties' informal efforts to resolve
				disputes when doing so is lawful and consistent with the public interest.
				Alternative dispute resolution (ADR) includes any mechanism to resolve
				disagreements, in whole or in part.
(1) Forms of ADR. Parties may agree to negotiate with other
				parties at any time without council oversight. The council may direct parties
				to meet or consult as provided in subsection (2) of this section, or may
				establish or approve a collaborative process as provided in subsection (3) of
				this section. The council may assign a mediator or facilitator to assist the
				parties. The council may also assign an arbitrator whose decision is subject to
				council review.
(2) Settlement conference. The council may invite or direct the
				parties to confer among themselves or with a designated person. Settlement
				conferences must be informal and without prejudice to the rights of the
				parties.
(3) Collaborative.
(a) Defined; membership. A collaborative is a form of ADR and
				is a council-sanctioned negotiation in which interested parties work with each
				other and representatives of council staff to achieve consensus on one or more
				issues assigned by the council or identified by the collaborative participants.
				Any interested party whose interests may be substantially affected by the
				result of the collaborative must be given an opportunity to participate.
				Collaborative participants must inform the council and seek approval if a
				collaborative changes its membership or redefines the issues it will
				address.
(b) Communication with council. Communication between the
				council and collaborative participants may be through council staff assigned to
				serve as a third party neutral in the collaborative, or through the council
				manager, subject to agreement among the participants to the form and substance
				of any such communication.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-252 - Settlement

Current through Register Vol. 24-14, July 15, 2024
A settlement is an agreement among two or more parties.
				Applicants, member agencies, and the counsel for the environment may enter into
				a settlement concerning any matter. Intervenors may enter into a settlement
				agreement subject to any limits and conditions specified in the council's order
				granting intervention. Settlements are filed with the council as a proposed
				resolution of the issues addressed in the agreement.
(1) Full settlement. An agreement of all parties that would
				resolve all issues in a proceeding may be presented as a full settlement for
				council review.
(2) Partial settlement. An agreement of all parties on fewer
				than all issues in a proceeding may be presented as a partial settlement for
				council review, and remaining matters may be the subject of further council
				proceedings.
(3) Multiparty settlement. An agreement of some but not all
				parties on one or more issues may be offered as their position in the
				proceeding along with the evidence that they believe supports it.
(4) Notice to council. Parties must advise the council if they
				reach a full, partial, or multiparty settlement and may suggest preferred
				procedural alternatives for review of the settlement, subject to the
				requirements of WAC
				463-30-253 and
				463-30-254. The council will
				determine the appropriate procedure in each proceeding consistent with the
				requirements of WAC
				463-30-253 and
				463-30-254.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-252, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-253 - Settlement consideration procedure

Current through Register Vol. 24-14, July 15, 2024
The council must have a reasonable opportunity to hear parties'
				views on why a proposed settlement should be approved and adopted, to ask
				questions of the parties, and to conduct its processes in an orderly fashion.
				Parties must, therefore, consider the timing and the content of their
				settlement presentation to the council.
(1) Settlement presentation timing. Parties must file a
				proposed settlement that allows the council sufficient time for the filing,
				review, and approval of any filing.
(2) Settlement presentation contents. When filing a proposed
				settlement agreement, parties must also file supporting documentation
				sufficient to demonstrate to the council that the proposal is appropriate for
				adoption.
(a) Supporting documentation should include supporting
				evidence; a narrative outlining the scope of the settlement and its principal
				aspects; a statement explaining in detail why the proposal is appropriate for
				adoption; a summary of its costs and benefits; and a summary of legal points
				that bear on the proposed settlement. The documentation may be in the form of a
				memorandum, supporting prefiled testimony, brief, or other form that serves the
				same functions.
(b) Parties must make a brief presentation to the council
				concerning the proposed settlement and address any legal or factual matters
				associated with it. Each party to the settlement agreement must offer to
				present one or more witnesses to testify in support of the proposal and to
				answer questions. In the case of a contested settlement, parties opposed to the
				council's adoption of the proposal may offer to present one or more witnesses
				to testify or argue against the proposal.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-254 - Council discretion to accept or reject a proposed settlement or other agreement

Current through Register Vol. 24-14, July 15, 2024
The council will not delegate to parties the power to make
				decisions. The council retains the right to exercise its authority in every
				adjudicative proceeding to consider any proposed settlement or other agreement
				of the parties. The council may decide whether or not to consider a proposed
				settlement or agreement. If the council considers a proposed settlement or
				agreement, the council may accept it, reject it, or take any other action the
				council deems appropriate.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-254, filed 10/11/04, effective
				  11/11/04.