reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part A - GENERAL › Section 461-08-310 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
(1) The time
				within which any act shall be done, as provided by these rules, is computed by
				excluding the first day and including the last, unless the last day is a
				Saturday, Sunday or a legal holiday, or a day when the board is closed for
				business under WAC 461-08-320(3), and then it is excluded and the next
				succeeding day which is neither a Saturday, Sunday nor a legal holiday, or a
				day when the board is closed for business under WAC 461-08-320(3) is included.
				When the period of time prescribed or allowed is less than seven days,
				intermediate Saturdays, Sundays and legal holidays are excluded in the
				computation.
(2) This section also
				pertains to the period for filing with the board any petition for review,
				petition for rule making, petition for declaratory ruling or any other
				adjudication authorized by this chapter.
Statutory Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											461-08-310, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  90.58.175 and SHB 1314. 97-19-063, §
											461-08-310, filed 9/15/97, effective 10/16/97. Statutory Authority:
					 RCW  90.58.175 and Den Beste v. Washington, No.
					 13967-1-III (Div. III, April 18, 1996). 96-17-017, §
											461-08-310, filed
					 8/12/96, effective 9/12/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part B - BOARD ADMINISTRATION AND JURISDICTION › Section 461-08-315 - Board membership, function and jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1)
Members.
The board is made up of six members. Three members are
				also members of the pollution control hearings board and are appointed by the
				governor. A fourth member is appointed by the association of Washington cities
				and a fifth member is appointed by the Washington state association of
				counties. The sixth member is the commissioner of public lands or the
				commissioner's designee.
(2)
Function and jurisdiction.
This board is a quasi-judicial body
				with powers of de novo review authorized by chapter 90.58 RCW to adjudicate or
				determine the following matters:
(a) Appeals
				from any person aggrieved by the granting, denying or rescinding of a permit
				issued or penalties incurred pursuant to chapter 90.58 RCW;
(b) Appeals of department rules, regulations
				or guidelines; and
(c) Appeals from
				department decisions to approve or reject a proposed master program or program
				amendment of local governments which are not planning under RCW  36.70A.040.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part B - BOARD ADMINISTRATION AND JURISDICTION › Section 461-08-320 - Board office hours and contact information

Current through Register Vol. 24-14, July 15, 2024
(1)
				The administrative business of the board, except rule making, is performed by
				the environmental and land use hearings office. To the extent necessary for
				rule making or other matters, the board will hold meetings at the address set
				forth below.
(2) The information
				included in this section is current at the time of rule adoption, but may
				change. Current information is available on the board's internet site at
www.eluho.wa.gov
.
(a) The board is organized within the
				Environmental and Land Use Hearings Office, 1111 Israel Road S.W., Tumwater,
				Washington. The principal hearing room used by the board is located at the same
				address, although many hearings are held near the site of the dispute at
				issue.
(b) The mailing address is:
Shorelines Hearings Board
P.O. Box 40903
Olympia, WA 98504-0903
(c) The telephone number of the board is
				360-664-9160. The fax number is 360-586-2253. The board's email address is
				eluho@eluho.wa.gov.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part B - BOARD ADMINISTRATION AND JURISDICTION › Section 461-08-325 - Public information about practice before the board and public records

Current through Register Vol. 24-14, July 15, 2024
(1) Questions about practicing before the
				board may be directed to the environmental and land use hearings office by mail
				or, during regular office hours, by telephone, by fax, or email.
(2) The environmental and land use hearings
				office maintains a website with information about and access to the CMS for
				electronic filing, and information on the shorelines hearings board, including
				information about the board members, the board hearings calendar, past
				decisions of the board, a brief description of the appeal process with helpful
				information for practice before the board, a set of frequently asked questions,
				sample forms, and links to the board's rules of procedure and other pertinent
				statutes and rules. This website may be accessed via the internet at
www.eluho.wa.gov
.
(3) Case files of appeals pending before the
				board, past written opinions of the board and other public records maintained
				by the board under chapter 198-14 WAC are available on the website (
www.eluho.wa.gov
) or available for public
				inspection and copying during regular office hours at the environmental and
				land use hearings office. The procedures for obtaining public records from the
				board are set forth in chapter 198-14 WAC.
Statutory Authority: RCW  90.58.175, 90.58.090, 90.58.140, 90.58.180, and 90.58.190. WSR 13-21-068,
				  §
										461-08-325, filed 10/16/13, effective 11/16/13. Statutory
				  Authority: RCW  43.21B.170, 90.58.174, chapters 43.21B, 34.05, and 90.58 RCW.
				  WSR 07-03-074, §
										461-08-325, filed 1/17/07, effective 2/17/07.
				  Statutory Authority: RCW  90.58.175. WSR 96-15-002, §
										461-08-325,
				  filed 7/3/96, effective 8/3/96. WSR 13-21-003, §
										461-08-325, filed
				  10/3/2013, effective 11/3/2013
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part B - BOARD ADMINISTRATION AND JURISDICTION › Section 461-08-330 - Board decision making on appeals

Current through Register Vol. 24-14, July 15, 2024
The number of board members required to make a decision on a
				  case differs depending on the type of case.
(1)
Short-board appeals.
Pursuant to RCW  90.58.185, petitions for review that involve a single-family residence or an
				  appurtenance to a single-family residence, including a dock or pier for a
				  single-family residence, and petitions for review involving a penalty of
				  fifteen thousand dollars or less, may be heard by a panel of three board
				  members. The chair of the hearings board may also designate other cases for
				  review by a short-board appeal panel. In designating these cases, the chair
				  shall consider factors such as the complexity and precedential nature of the
				  case and the efficiency and cost-effectiveness of using a short board versus a
				  full board. A short-board appeal panel must have at least one but not more than
				  two members of the pollution control hearings board. Two members of the panel
				  must agree to issue a final decision. The decision of the panel is the final
				  decision of the full board.
(2)
Full-board appeals.
All other appeals are
				  full-board appeals. Four members of the board constitute a quorum for making a
				  decision and may act even if the other two members are unavailable or have not
				  yet been appointed.
(3)
Administrative appeals judges.
For both
				  full-board and short-board cases, the chairperson may appoint an administrative
				  appeals judge from the environmental and land use hearings office to be the
				  presiding officer.
Statutory Authority: RCW 90.58.175, 90.58.090, 90.58.140, 90.58.180, and 90.58.190. WSR 13-21-068,
				  §
										461-08-330, filed 10/16/13, effective 11/16/13. Statutory
				  Authority: RCW 90.58.175, chapter 34.05 RCW. WSR 09-21-032, §
										461-08-330, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW  43.21B.170, 90.58.174, chapters 43.21B, 34.05, and 90.58 RCW. WSR 07-03-074,
				  §
										461-08-330, filed 1/17/07, effective 2/17/07. Statutory
				  Authority: RCW 90.58.175. WSR 96-15-002, §
										461-08-330, filed
				  7/3/96, effective 8/3/96. WSR 13-21-003, §
										461-08-330, filed 10/3/2013,
				  effective 11/3/2013
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-335 - Types of petitions before the board

Current through Register Vol. 24-14, July 15, 2024
The board is empowered to hear and decide the
				  following:
(1) Petitions for review of
				permitting decisions;
(2) Petitions
				for review of penalties imposed under chapter 90.58 RCW;
(3) Petitions for review of master programs
				adopted by jurisdictions that are not planning pursuant to the Growth
				Management Act;
(4) Petitions for
				review of regulations adopted by the department pursuant to chapter 90.58 RCW;
(5) Petitions for declaratory
				rulings;
(6) Petitions for rule
				making by the board; and
(7)
				Petitions by the department for rescission of permits issued by local
				government.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-335,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-345 - Deadline for filing petition for review of permitting decisions by the department or attorney general

Current through Register Vol. 24-14, July 15, 2024
The department or the attorney general may, pursuant to RCW  90.58.180(2), obtain review of any final decision granting a permit, or
				  granting or denying an application for a permit issued by a local government by
				  filing a written petition for review with the board and the appropriate local
				  government within twenty-one days from the date the final decision was filed as
				  provided in RCW  90.58.140(6).
Statutory Authority: RCW 90.58.175, 90.58.090, 90.58.140, 90.58.180, and 90.58.190. WSR 13-21-068,
				  §
										461-08-345, filed 10/16/13, effective 11/16/13. Statutory
				  Authority: RCW  43.21B.170, 90.58.175,   2010 c  84,  2010   c 130,     2010 c   210, and
				      2010 c   285. WSR 10-18-021, §
										461-08-345, filed 8/23/10, effective
				  9/23/10. Statutory Authority: RCW 90.58.175. WSR 96-15-002, §
										461-08-345, filed 7/3/96, effective 8/3/96. WSR 13-21-003, §
										461-08-345,
				  filed 10/3/2013, effective 11/3/2013
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-350 - Contents of the petition for review

Current through Register Vol. 24-14, July 15, 2024
Petitions for review to the board pursuant to RCW   90.58.180(1) and (2)   shall contain:
(1) The
				name, mailing address, telephone number, fax number (if available), and email
				address of the appealing party, and of the representative, if any;
(2) Identification of the parties, by listing
				in the caption or otherwise. In every case, the agency and/or the local
				government whose decision is being appealed and the person to whom the decision
				is directed shall be named as parties;
(3) A copy of the decision or permit appealed
				from;
(4) A short and plain
				statement showing the grounds upon which the appealing party considers such
				decision or permit to be unjust or unlawful;
(5) A clear and concise statement upon which
				the appealing party relies to sustain his or her grounds for appeal;
(6) The relief sought, including the specific
				nature and extent;
(7) The
				signature of the appealing party or its representative. The signature of the
				representative or the appealing party shall constitute a certificate by the
				signatory that the signatory has read the petition and that it is consistent
				with civil rule 11;
(8) Proof of
				service must be filed with the board to perfect the appeal;
(9) All pleadings shall be so construed as to
				do substantial justice.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-350,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-355 - Service of petitions for review with department and attorney general - Intervention by the department and attorney general

Current through Register Vol. 24-14, July 15, 2024
(1) For a petition pertaining to a local government's final
				  decision on a permit, the petitioner shall serve a copy of the petition with
				  the department, the attorney general and that local government within seven
				  days of filing the petition with the board.
(2) Within fifteen days of the date of receipt of the
				  petition for review described in subsection (1) of this section, the department
				  or the attorney general may intervene in the case before the board to protect
				  the public interest and to insure compliance with
				  chapter
				  90.58 RCW. Nothing in WAC
				  461-08-345, setting a twenty-one
				  day limit on when the department or the attorney general can directly file a
				  petition for review, limits the right of the department or attorney general to
				  intervene under this section in a board proceeding.
(3) Service on the local government shall be accomplished in
				  one of the following ways:
(a) The petitioner shall serve local government as designated
				  on the permit decision within seven days of filing the petition with the board;
				  or
(b) The petitioner shall serve the department or office
				  within the local government that issued the permit decision within seven days
				  of filing the petition with the board; or
(c) The petitioner shall serve local government pursuant to
				  RCW  4.28.080 within seven days of filing the
				  petition with the board.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-365 - Board decision making on petitions for review of department rules and regulations

Current through Register Vol. 24-14, July 15, 2024
(1) Where a petition for review of a department rule or
				  regulation adopted pursuant to
				  chapter
				  90.58 RCW is filed, the
				  full board shall hold a hearing on the petition, and within sixty days of the
				  final day of hearing, shall issue a decision upholding the validity of the
				  rule, regulation or guideline, unless the board finds that the rule, regulation
				  or guideline:
(a) Is clearly erroneous in light of the policy of this
				  chapter;
(b) Constitutes an implementation of
				  chapter
				  90.58 RCW in violation of
				  the Constitution or statutes;
(c) Is arbitrary and capricious;
(d) Was developed without full consideration and evaluation
				  of all material submitted to the department during public review and comment;
				  or
(e) Was not adopted in accordance with required
				  procedures.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-370 - Board decision makingonpetitions for declaratory ruling

Current through Register Vol. 24-14, July 15, 2024
(1)
Right to petition for declaratory ruling.
As
				  prescribed by
				  RCW  34.05.240, any interested person may petition
				  the board at any time for a declaratory ruling.
(2)
Quorum.
Four members of the board shall
				  constitute a quorum when the board acts on declaratory judgment petitions. Four
				  members of the board may act although two positions on the board are
				  vacant.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-370,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-375 - Board decision making on petitions for rule making

Current through Register Vol. 24-14, July 15, 2024
(1)
Right to petition for rule making regarding rules
				  of the board.
As prescribed by
				  RCW  34.05.330, any person may petition the board
				  to promulgate, amend or rescind the board's administrative rules as set forth
				  in this chapter. The provisions of these rules and the Administrative Procedure
				  Act shall apply to petitions for rule making.
(2)
Quorum.
Four members of the board shall
				  constitute a quorum when the board promulgates, amends or rescinds its
				  administrative rules. Four members of the board may act although two board
				  positions are vacant.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-375,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-380 - Board decision making on department of ecology petitions for rescission of permits

Current through Register Vol. 24-14, July 15, 2024
(1)
Department authority to petition.
The
				  department may petition for the rescission of permits issued by local
				  government pursuant to
				  RCW  90.58.140(8).
(2)
Form of the petition.
A petition for
				  rescission shall comply with the following requirements:
(a) The petition shall contain a copy of the written notice
				  provided to the local government and the permittee involved;
(b) The petition shall be filed with the board within fifteen
				  days of the termination of the thirty-day notice to local government and the
				  permittee as provided by
				  RCW  90.58.140(8).
(c) At the time of filing the petition with the board, the
				  department shall give written notice of such petition to the local government
				  and the permittee involved.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 461-08-385 - Persons who may appear before the board

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any person has the right to represent himself or herself in a proceeding before
				the board.
(2) The only persons who
				are qualified to represent another person or entity before the board are the
				following:
(a) Attorneys at law duly qualified
				and entitled to practice before the highest court of record of any
				state.
(b) An authorized officer,
				partner, owner, employee or member of an association, partnership, corporation,
				organization, government agency or local government.
(c) Legal interns admitted to practice under
				the applicable admission to practice rules of the Washington state court rules
				as long as the conditions and limitations of the applicable rules are
				satisfied.
(d) Any other individual
				designated by an entity to serve as a spokesperson in a case with the approval
				of the board's presiding officer.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 461-08-390 - Appearance by representative

Current through Register Vol. 24-14, July 15, 2024
(1) An attorney
				or authorized representative as defined in WAC 461-08-385 may appear for a
				party by either of the following actions:
(a)
				Filing a written notice of appearance, a petition for review or another
				pleading containing the name of the party to be represented, and the name,
				address, telephone number, and email address of the representative;
				or
(b) Entering an appearance at
				the time and place of a conference or hearing on the appeal, and notifying the
				presiding officer conducting the same of the party to be represented and the
				name, address, telephone number, and email address of the
				representative.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 461-08-395 - Withdrawal or substitution of representatives

Current through Register Vol. 24-14, July 15, 2024
An attorney or other representative withdrawing from a case
				  shall immediately so notify the board and all parties of record in writing, or
				  shall state such withdrawal for the record at a conference or hearing. Any
				  substitution of an attorney or representative shall be accomplished by written
				  notification to the board and to all parties of record consistent with civil
				  rule 71.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-395,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 461-08-400 - Conduct before the board by representatives

Current through Register Vol. 24-14, July 15, 2024
All persons who are representing parties before the board
				  shall conform to the standards of ethical conduct required of attorneys before
				  the courts of Washington even if the representative is not an attorney.
				  Representatives who, in the opinion of the presiding officer, violate those
				  ethical standards may be reprimanded or sanctioned. Sanctions may include,
				  among other measures, the imposition of costs and the exclusion of the
				  representative from the proceedings. The board may, after notifying the
				  representative and holding a hearing, take appropriate disciplinary action
				  including, but not limited to, barring such person from representing another
				  party in any future board proceedings.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-400,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 461-08-405 - Parties not represented by legal counsel - Waiver of rules to prevent manifest injustice

Current through Register Vol. 24-14, July 15, 2024
The presiding officer may waive any of these rules, other
				  than a rule relating to jurisdiction, for any party not represented by legal
				  counsel where necessary to avoid manifest injustice.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-405,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 461-08-410 - Presiding officer-Powers and duties

Current through Register Vol. 24-14, July 15, 2024
It shall be the duty of the presiding officer to conduct
				  conferences or hearings in cases assigned in an impartial and orderly manner.
				  The presiding officer shall have the authority, subject to the other provisions
				  of these rules:
(1) To administer
				oaths and affirmations.
(2) To
				issue subpoenas and protective orders as provided in the Administrative
				Procedure Act.
(3) To rule on all
				procedural matters, objections and motions.
(4) To rule on all offers of proof and
				receive relevant evidence.
(5) To
				question witnesses called by the parties in an impartial manner to develop any
				facts deemed necessary for a fair and adequate decision.
(6) To secure and present in an impartial
				manner such evidence, in addition to that presented by the parties, as deemed
				necessary to decide the matter fairly and equitably.
(7) To take appropriate disciplinary action
				with respect to representatives of parties appearing before the
				board.
(8) To issue orders joining
				other parties, on motion of any party, or in the judgment of the presiding
				officer, when it appears that such other parties may have an interest in, or
				may be affected by, the proceedings.
(9) To consolidate matters for hearing when
				such consolidation will expedite disposition of the matters and avoid
				duplication of testimony and when the rights of the parties will not be
				prejudiced thereby.
(10) To hold
				prehearing conferences.
(11) To
				permit and regulate the taking of discovery.
(12) To regulate the course of the
				hearing.
(13) To dismiss a petition
				for review or take other appropriate disciplinary actions, where a party or
				representative fails to appear at a prehearing conference, hearing or at any
				other stage of the appeal proceeding.
(14) To take any other action necessary and
				authorized by these rules and the law.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-410,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 461-08-415 - Mediation

Current through Register Vol. 24-14, July 15, 2024
In all appeals, upon request of one or more parties and with
				  the consent of all parties, the board may assign a mediator. The mediator must
				  be an administrative appeals judge or other duly authorized agent of the board
				  who has received training in dispute resolution techniques or has a
				  demonstrated history of successfully resolving disputes, as determined by the
				  board. A person who mediates in a particular appeal may not participate in a
				  hearing on that appeal and may not write the decision and order in the appeal.
				  The mediator may not communicate with board members regarding the mediation
				  other than to inform them of the pendency of the mediation and whether the case
				  settled. Mediation provided by the board must be conducted pursuant to the
				  provisions of the Uniform Mediation Act, chapter 7.07 RCW.
Statutory Authority:
					 RCW  43.21B.170,
					 90.58.175, 2010 c 84, 2010 c 130,
					   2010 c  210, and   2010 c  285. 10-18-021, §
											461-08-415, filed 8/23/10,
					 effective 9/23/10. Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-415,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part D - APPEARANCE AND PRACTICE BEFORE THE BOARD › Section 461-08-420 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1)
Issuance.
Subpoenas may be issued by any
				  member of the board, the presiding officer assigned to the case or by the
				  attorney of record, as provided in the Administrative Procedure Act. Each
				  subpoena shall be subscribed with the signature of the issuing person. Parties
				  desiring subpoenas to be signed by the presiding officer or a board member
				  shall make a showing of general relevance and reasonable scope of the testimony
				  or evidence sought, shall prepare the subpoenas for issuance, shall send them
				  to the board's office for signature at least ten days before the hearing, and,
				  upon return, shall make arrangements for service.
(2)
Form.
Every subpoena shall name the
				  shorelines hearings board and the title of the proceedings, and shall command
				  the person to whom it is directed to attend and give testimony or produce
				  designated books, documents, or things under that person's control at a
				  specified time and place.
(3)
Service.
Service of subpoenas to a witness
				  who is not party to the case shall be made by personally serving a copy of the
				  subpoena to such person, in accordance with civil rule 45, and tendering on
				  demand, where entitled to make such a demand, the fees for one day's attendance
				  and the mileage allowed by law. All costs shall be paid by the party seeking
				  the attendance of the witness.
(4)
Proof of service.
The person serving the
				  subpoena shall make proof of service by filing the subpoena and the required
				  return, affidavit or acknowledgment of service with the board or presiding
				  officer of the case. Failure to make proof of service does not affect the
				  validity of the service.
(5)
Quashing.
Upon motion made promptly (at or
				  before the time specified in the subpoena for compliance) by the person
				  subpoenaed and upon notice to the party for whom the subpoena was issued, the
				  board or its presiding officer may:
(a) Quash; or
(b) Modify the subpoena if it is unreasonable or requires
				  evidence not relevant to any matter in issue; or
(c) Condition denial of the motion upon just and reasonable
				  conditions.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-425 - Dismissal of petitions for review on jurisdictional grounds

Current through Register Vol. 24-14, July 15, 2024
(1) Timely filing of the petition for review
				with the board, and other petitions within the board's jurisdiction under
				chapter 90.58 RCW, and timely service on the appropriate agencies are required
				for the board to acquire jurisdiction.
(2) Any party may challenge the jurisdiction
				of the board to hear a petition for review or other petition under chapter
				90.58 RCW on jurisdictional grounds, and the board may independently raise the
				jurisdictional issue. The board shall, when satisfied that it does not have
				jurisdiction, dismiss the petition for review.
Statutory Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											461-08-425, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-425,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-430 - Correction or amendment of notice

Current through Register Vol. 24-14, July 15, 2024
(1) Within thirty days of receipt by the board, if any
				  petition for review is found to be defective or insufficient, the board may
				  require the party filing the petition for review to correct, clarify or amend
				  the same to conform to the requirements of
				  chapter
				  90.58 RCW and the board's
				  rules. The board may refuse to schedule any conference or hearing thereon until
				  compliance with such requirements, or may issue an appropriate order which may
				  include providing for dismissal of the petition upon failure to comply within a
				  specified time.
(2) Other amendments and supplemental pleadings shall conform
				  to civil rule 15.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-430,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-435 - Intervention

Current through Register Vol. 24-14, July 15, 2024
(1) The department and the attorney general
				may intervene by right within fifteen days from the date of receipt of the
				petition for review by the department or the attorney general pursuant to RCW  90.58.180(1) in any matter set out therein.
(2) The presiding officer may grant a
				petition for intervention by any person at any time, upon determining that the
				petitioner qualifies as an intervenor pursuant to civil rule 24, that the
				intervention will serve the interests of justice and that the prompt and
				orderly conduct of the appeal will not be impaired.
(3) The presiding officer may impose
				conditions upon the intervenor's participation in the proceedings.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-435,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-440 - Joinder of parties

Current through Register Vol. 24-14, July 15, 2024
The presiding officer shall order the joinder of the
				  permittee, permitting agency or any other interested person or entity in
				  accordance with civil rule 19. The presiding officer may also permit the
				  joinder of persons who are not necessary to the determination of the appeal in
				  accordance with civil rule 20.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-440,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-445 - Answers to petitions for review

Current through Register Vol. 24-14, July 15, 2024
Respondent(s) may file an answer to a petition for review
				  with the board and serve a copy thereof upon other parties within twenty days
				  of receipt of the petition for review. Answers shall generally conform to the
				  requirements of a petition for review.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-445,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-450 - Scheduling letter

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt
				of a petition for review which complies with the requirements of these
				regulations, the board shall promptly issue a scheduling letter which sets the
				time and location of the hearing.
(2) In cases where the presiding officer does
				not order a pre-hearing conference, the letter setting the hearing date and
				time will be issued at least seven days before the hearing date. The letter may
				also set the schedule for filing motions and prehearing briefs, and will notify
				the parties that an interpreter can be made available, upon reasonable notice
				to the board, for a witness or party who does not speak English or is
				hearing-impaired. The scheduling letter will control the subsequent
				proceedings, unless modified for good cause by the presiding officer.
(3) In cases where the presiding officer
				decides to hold a pre-hearing conference, the scheduling letter will also
				notify the parties of the time and location of the prehearing conference. The
				scheduling letter will be issued at least seven days before the prehearing
				conference.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-450,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-455 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose
				of a prehearing conference is to prepare the case for hearing by scheduling
				pre-hearing deadlines and by identifying the issues. At the prehearing
				conference, the presiding officer will encourage the parties to engage in
				settlement negotiations as the case proceeds.
(2) Appearance by a party or by the party's
				representative at a prehearing conference is mandatory. If a party fails to
				attend a prehearing conference, that is not justified by good cause, the
				presiding officer may issue an order of default against the absent party or
				other appropriate action.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-455,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-460 - Prehearing orders

Current through Register Vol. 24-14, July 15, 2024
Following the prehearing conference the presiding officer
				  shall enter a prehearing order. Normally, this will include a statement of
				  issues, a schedule for filing motions and briefs, as well as other matters
				  which may bear on the preparation for hearing. The issues stated in the
				  prehearing order shall control the subsequent course of the proceedings, unless
				  modified for good cause by subsequent order.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-460,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-465 - Settlement and mediation agreements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Where the parties settle an appeal before hearing, the parties shall prepare
				and submit to the board a request for an order of dismissal to which the
				settlement agreement is attached, submit that request to the board, and the
				board shall enter an order and dismiss the case.
(2) This section also pertains to settlement
				agreements reached after mediation.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-465,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-470 - Use of telephone conferences, motion hearings and hearings

Current through Register Vol. 24-14, July 15, 2024
Upon the motion of any party or independently, the presiding
				  officer may decide to conduct any conference, oral argument on a motion, or
				  hearing by telephone conference call or other electronic means to promote the
				  fair, speedy, and economical processing of a matter.
Statutory Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											461-08-470, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-470,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-475 - Motions

Current through Register Vol. 24-14, July 15, 2024
(1) An application to the board for an order
				must be by motion which, unless made during a hearing, must be in writing,
				state with particularity the grounds therefor and set forth the relief sought.
				A moving party is not required to submit a proposed order with a motion unless
				requested to do so by the presiding officer.
(2) For motions for continuance or for
				schedule changes, or other motions that are likely to be uncontested, the
				moving party shall affirmatively seek the agreement of all parties and present
				a stipulated order wherever possible.
(3) If the motion is contested, any party may
				request, or the board may independently set, an oral argument on the motion.
				The presiding officer will decide whether or not an oral argument will be held
				and notify the parties accordingly. At oral argument, the board will consider
				the arguments of the parties but will not take evidence or testimony from
				witnesses.
(4) Unless a scheduling
				letter or order provides otherwise, the following schedule governs all written
				motions (including any supporting affidavits, memoranda of law, or other
				documentation):
(a) All motions dispositive of
				all or part of an appeal must be filed and served not later than 90 days before
				the hearing date, unless the presiding officer by order allows
				otherwise.
(b) All responses to any
				dispositive motion must be filed and served 14 days from the receipt of the
				motion by the non-moving party. The moving party then has 10 days from receipt
				of the response to file and serve a reply.
(c) All responses to any nondispositive
				motion must be filed and served five days from receipt of the motion by the
				nonmoving party. The moving party then has three days from receipt of the
				response to file and serve a reply.
(d) In exigent or exceptional circumstances,
				a party may at any time request the board to modify the above schedules by
				requesting a scheduling conference (which may be telephonic) with the presiding
				officer.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-480 - Postponements and continuances of hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Postponement or continuance of a hearing is within the
				  discretion of the presiding officer, whether contested or uncontested by the
				  parties. The board may postpone or continue a hearing on its own motion.
(2) A party may seek the postponement or continuance of a
				  hearing by written motion and according to the procedure set forth in WAC
				  461-08-475.
Statutory Authority:
					 RCW 43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											461-08-480, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-480,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part E - PREHEARING PRACTICE › Section 461-08-485 - Dismissal, default or withdrawal of appeal

Current through Register Vol. 24-14, July 15, 2024
(1)
				If a party fails to attend or participate in a hearing or other stage of an
				adjudicative proceeding, the presiding officer may serve upon all parties a
				default or other dispositive order which shall include a statement of the
				grounds for the order. Within seven days after service of a default or
				dismissal order for failure to attend or participate, the party against whom it
				was entered may file a written motion requesting that the order be vacated and
				stating the grounds relied upon.
(2) An appellant may request to withdraw an
				appeal. Requests to withdraw an appeal shall be governed by civil rule
				41.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-485,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part F - HEARINGS › Section 461-08-490 - Hearing briefs

Current through Register Vol. 24-14, July 15, 2024
Hearing briefs, if filed, must be submitted to the board at
				  least seven days before the time of hearing or such other time as directed by
				  the presiding officer. The brief must be filed with the board and served on the
				  other parties or their attorneys. The board may permit or require the filing of
				  additional briefs.
Statutory Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											461-08-490, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-490,
					 filed 7/3/96, effective 8/3/96.