reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-220 - Petition for review - Time for filing

Current through Register Vol. 24-14, July 15, 2024
(1) A petition relating to whether or not an
				adopted comprehensive plan, development regulation, or subsequent amendment, is
				in compliance with the goals and requirements of the act or
				chapter
				90.58 or
				43.21C RCW shall be filed with the
				board within sixty days from the date of publication by the legislative body of
				the county or city as specified by
				RCW
				   36.70A.290(2).
(2) A petition relating to a shoreline master
				program or denial thereof shall be filed within sixty days from the date the
				department of ecology publishes notice that the shoreline master program has
				been approved or disapproved by final action of the department of
				ecology.
(3) A petition relating to
				an adopted county-wide planning policy shall be filed within sixty days of its
				adoption as specified in
				RCW
				   36.70A.210(6).
(4) A petition alleging that the twenty-year
				growth management planning population projections adopted by the office of
				financial management pursuant to
				RCW
				   43.62.035 should be adjusted can be filed at
				any time.
(5) A petition relating
				to the failure of a state agency, city or county to take an action by a
				deadline specified in the Growth Management Act or the Shoreline Management Act
				may be brought at any time after the deadline for action has passed.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-220, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-230 - Petition for review-Filing and service

Current through Register Vol. 24-14, July 15, 2024
(1) Filing a
				petition for review. A petition for review shall be filed with the board
				electronically through the CMS, as provided in WAC 242-03-240, unless a
				petitioner does not have the technological capacity, such as lack of access to
				an internet connection or a computer, to do so. A petition for review is deemed
				filed on the date the board receives it by 5:00 p.m. See WAC 242-03-060 for
				contact information.
(a) Information about
				accessing the CMS is available at the ELUHO website at
www.eluho.wa.gov
.
(b) Email, fax, or mail filings shall
				substitute for filing through the CMS in the event that the filing through the
				CMS is unavailable or impossible or if a petitioner does not have the
				technological capacity to utilize the CMS.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-240 - Filing and service of all other documents

Current through Register Vol. 24-14, July 15, 2024
(1)
				Filing of documents: All pleadings and briefs shall be filed with the board
				through the CMS unless a petitioner does not have the technological capacity to
				do so.
Filings shall be deemed filed upon actual receipt during
				  office hours of 8:00 a.m. to 5:00 p.m. excluding Saturdays, Sundays, and legal
				  holidays. Any transmission not completed before 5:00 p.m. will be deemed to be
				  received on the following business day. The date and time indicated by the CMS
				  shall be presumptive evidence of the date and time of receipt of transmission.
				  All documents will be deemed filed with the board on the date filed through the
				  CMS.
(2) Service: Parties
				shall serve copies of all filings on all other named parties by electronic mail
				on or before the date filed with the board, unless a party lacks technical
				capability. Service is accomplished when the document is transmitted
				electronically, or, by agreement among the parties or exception granted by the
				presiding officer, is postmarked or commercially sent by the required
				date.
(3) Filing and service
				requirements may be altered by the presiding officer, when filing through the
				CMS is unavailable or impossible, or in emergency situations, in which the
				governor declares a statewide emergency. Email or fax filings shall substitute
				for filing through the CMS in the event that filing through the CMS is
				unavailable or impossible, unless otherwise specified by the presiding
				officer.
Statutory Authority:
					 RCW
					    36.70A.270(7). 13-01-026,
					 § 242-03-240, filed 12/11/12, effective 1/11/13. Statutory Authority:
					 RCW
					    43.21B.005,
					 43.21B.090, and
					 36.70A.270(7).
					 12-05-110, § 242-03-240, filed 2/22/12, effective 3/24/12. Statutory
					 Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-240, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-245 - Declaration of service

Current through Register Vol. 24-14, July 15, 2024
A party filing any pleadings, briefs, exhibits, or documents
				  with the board shall provide a signed declaration of service, on penalty of
				  perjury under the laws of this state, stating that copies have been served on
				  all other parties, listing the parties, and stating the method of
				  service.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-245, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-250 - Notice of appearance

Current through Register Vol. 24-14, July 15, 2024
The respondent shall file and serve a notice of appearance
				  within seven days after having been served with a petition for
				  review.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-250, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-255 - Governor certified standing

Current through Register Vol. 24-14, July 15, 2024
If the board receives a request for governor certified
				  standing from a petitioner pursuant to
				  RCW
				     36.70A.280(2)(c), the board
				  shall immediately forward the petitioner's request to the governor. The board
				  shall indicate to the governor the end of the sixty-day time period within
				  which the determination of standing must be made. Pendency of a request for
				  governor certified standing does not extend the time for filing a petition for
				  review.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-255, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-260 - Amendments to petitions for review

Current through Register Vol. 24-14, July 15, 2024
(1) A petition for review may be amended as a
				matter of right until fourteen days after its date of filing.
Any such amendments shall be limited to amending the legal
				  bases for challenging the matters raised in the original petition, but may not
				  raise new challenges to the ordinance.
(2) Thereafter any amendments shall be
				requested in writing by motion, and will be made only after approval by the
				presiding officer. Amendments shall not be freely granted and may be denied
				upon a showing by the adverse party of unreasonable and unavoidable hardship,
				or by the presiding officer's finding that granting the same would adversely
				impact the board's ability to meet the time requirements of
				RCW
				   36.70A.300 for issuing a final
				order.
(3) At the prehearing
				conference the presiding officer will work with the parties to clarify the
				issues raised in the petition for review. The presiding officer may, upon
				motion of a party or upon its own motion, require a more complete or concise
				statement of the issues presented for resolution by the board.
Reviser's note:
The typographical errors in
					 the above section occurred in the copy filed by the agency and appear in the
					 Register pursuant to the requirements of
					 RCW
					    34.08.040.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-260, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-270 - Intervention

Current through Register Vol. 24-14, July 15, 2024
(1) Upon motion,
				any person may request status as an intervenor in a case. The motion shall
				state the applicant's interests relating to the subject of the action, how
				disposition of the action may impair that interest, and whether that interest
				is adequately represented by existing parties. The motion shall specify the
				legal issue(s) in the case which the intervenor seeks to address and may not
				raise new issues beyond the issues already in the case. In determining whether
				a person qualifies as an interve-nor, the presiding officer shall apply any
				applicable provisions of law. Granting intervention must be in the interests of
				justice and shall not impair the orderly and prompt conduct of the
				proceedings.
(2) The motion to
				intervene shall be filed at least thirty days prior to the deadline for filing
				the initial hearing brief, unless good cause is shown. The applicant should
				contact the parties so that the motion may be filed without objection.
(3) If the person qualifies for
				intervention, the presiding officer may impose conditions upon the intervenor's
				participation in proceedings, either at the time that intervention is granted
				or at any subsequent time. Conditions may include:
(a) Limiting the intervenor's participation
				to designated issues in which the intervenor has a particular interest as
				demonstrated by the motion;
(b)
				Requiring two or more intervenors to combine their presentations of evidence
				and argument, or requiring interve-nor to combine its argument with the party
				whose position the intervenor supports; and
(c) Limiting the intervenor's role in
				settlement proceedings.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-280 - Amicus

Current through Register Vol. 24-14, July 15, 2024
(1) Any person whose
				interest may be substantially affected by a proceeding before the board may, by
				motion, request status as an amicus in the case. A motion and amicus brief
				shall be filed no later than thirty days before the hearing on the matter,
				unless good cause is shown.
(2) A
				motion to file an amicus curiae brief must include a statement of:
(a) Applicant's interest and the person or
				group applicant represents;
(b)
				Applicant's familiarity with the issues involved in the matter and with the
				scope of the argument presented or to be presented by the parties;
(c) Specific issues to which the amicus
				curiae brief will be directed; and
(d) Applicant's reason for believing that
				additional argument is necessary on these specific issues. The brief of amicus
				curiae may be filed with the motion but must be filed no later than the time
				set for the filing of the brief for the party whose position the amicus
				supports.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › APPEAL PROCEDURE › Section 242-03-290 - Direct review by superior court - Procedures

Current through Register Vol. 24-14, July 15, 2024
RCW    36.70A.295 provides for direct
				  review by superior court of a petition for review filed with the board if all
				  parties to the proceeding agree to direct review in superior court and file an
				  agreement in writing with the board within ten days after the petition for
				  review is filed, or if multiple petitions have been filed and consolidated,
				  within ten days after the board serves notice of consolidation.
(1) A direct review agreement of the parties
				shall contain:
(a) Petitioner's name, mailing
				address, telephone number, and electronic mail address, and those of the
				attorney or other designated representative, if any;
(b) Respondent's name, mailing address,
				telephone number, and electronic mail address, and those of the attorney or
				other designated representative, if any;
(c) Intervenor's name, mailing address,
				telephone number, and electronic mail address, and those of the attorney or
				other designated representative, if any;
(d) A statement indicating agreement to seek
				direct review by superior court of the petition for review filed with the
				board, citing case name and number as assigned by the board. The statement
				shall include agreement to proper venue, and may include other terms;
(e) Date the petition for review was filed,
				or if multiple petitions were filed and consolidated, the date the board served
				notice of consolidation;
(f) A
				statement that all parties have read the agreement for direct review by
				superior court, and agree to its terms, followed by the signatures of all the
				parties or the signatures of the attorneys or other designated representatives,
				if any.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADDITIONAL BOARD POWERS › Section 242-03-300 - Discovery - Limitation

Current through Register Vol. 24-14, July 15, 2024
(1) Because the
				board bases its decision on the record developed by the city, county, or state
				agency in taking the challenged action, discovery shall not be permitted except
				in extraordinary circumstances upon an order of the presiding
				officer.
(2) Insofar as applicable
				and not in conflict with this chapter, when discovery has been authorized by
				the presiding officer, the statutes and court rules regarding pretrial
				procedures in civil cases in superior courts of the state of Washington shall
				be used.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-300, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADDITIONAL BOARD POWERS › Section 242-03-310 - Subpoena - Issuance

Current through Register Vol. 24-14, July 15, 2024
(1) Because the
				board bases its decision on the record developed by the city, county, or a
				state agency taking the challenged action, subpoenas shall not be authorized
				except in extraordinary circumstances. When allowed by the presiding officer,
				subpoenas shall be issued and enforced, and witness fees paid, as provided in
				RCW
				   34.05.446 and court rules.
(2) Every subpoena shall identify the party
				causing its issuance. Subpoenas may be issued by the board or by an attorney of
				record. The person issuing shall sign the subpoena. Parties desiring subpoenas
				to be signed by the board shall make a showing of relevance and reasonable
				scope of the testimony or evidence sought and shall prepare the subpoenas for
				issuance, send them to the board's office for signature, and, upon return,
				shall make arrangements for service.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-310, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADDITIONAL BOARD POWERS › Section 242-03-320 - Hearing examiner - May be appointed

Current through Register Vol. 24-14, July 15, 2024
(1) The board may appoint hearing examiners
				to assist the board in its hearing function, to make conclusions of law and
				findings of fact, and, if requested by the board, to make recommendations to
				the board for decisions in cases before the board.
(2) The findings and conclusions of the
				hearing examiner shall not become final until they have been formally approved
				by the panel hearing the case.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-320, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADDITIONAL BOARD POWERS › Section 242-03-330 - Witnesses and testimony - Limitation

Current through Register Vol. 24-14, July 15, 2024
(1) Because the board bases its decision on
				the record developed by the city, county, or the state in taking the challenged
				action, witnesses shall not be permitted to testify in hearings before the
				board except as allowed by the presiding officer. Requests to allow witness
				testimony shall be made no later than five working days prior to the hearing.
All testimony shall be given under oath as provided in
				  chapter
				  5.28 RCW and subject to
				  cross-examination. Where an interpreter is employed, the provisions of WAC
				  10-08-150 shall apply.
(2) When allowed to address the
				board by the presiding officer, local officials shall limit their comments to
				material contained in the record. Such comments will not be considered
				testimony, and therefore need not be given under oath.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-330, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › ADDITIONAL BOARD POWERS › Section 242-03-340 - Board consultation of critical areas expert

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				   36.70A.172(2), the board may
				retain scientific or other expert advice to assist in reviewing a petition that
				involves critical areas. When the board has determined that such advice is
				necessary or will be of substantial assistance in reaching its decision, the
				board shall promptly notify the parties of the proposed scope of the
				consultation.
(2) Upon receiving
				the report of the consulted expert, the board shall provide all parties a copy
				of the report and a statement of the expert's qualifications.
(3) Any party may, within fourteen days, file
				objections to the qualifications or impartiality of the expert or to the
				substance of the report.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-340, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-500 - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Within ten
				days of the filing of a petition for review or of the filing of the last filed
				of consolidated petitions, unless the petition for review has been dismissed
				pursuant to
				RCW
				   36.70A.290(3) or removed to
				superior court pursuant to WAC
				242-03-290, the board or
				presiding officer will issue a notice of hearing.
(2) The notice of hearing shall identify the
				appeal to be heard, the names of the parties to the appeal and their attorneys
				or other authorized representatives, if any, and shall include the information
				specified in
				RCW
				   34.05.434.
(3) The notice of hearing will inform the
				parties of the presiding officer and the panel members designated to hear the
				matter.
(4) The notice of hearing
				will include an order setting a date and time for a prehearing conference. If
				the prehearing conference is to be held by teleconference, the notice shall so
				state.
(5) The notice of hearing
				shall contain a tentative schedule for the case prepared by the presiding
				officer for review and finalization at the prehearing conference. The notice of
				hearing shall contain a date for the hearing on the merits. The presiding
				officer will thereafter schedule a place for the hearing.
(6)The notice shall state that if a
				limited-English-speaking or hearing impaired party needs an interpreter, a
				qualified interpreter will be appointed and that there will be no cost to the
				party. The notice shall include a form for a party to indicate if an
				interpreter is needed and identification of the primary language, or if a
				participant is hearing impaired or has other disability to be accommodated.
Reviser's note:
The typographical error in the
					 above section occurred in the copy filed by the agency and appears in the
					 Register pursuant to the requirements of
					 RCW
					    34.08.040.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-500, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-510 - Index of the record

Current through Register Vol. 24-14, July 15, 2024
(1) Within thirty
				days of service of a petition for review, the respondent shall file with the
				board and serve a copy on the parties of an index listing all material used in
				taking the action which is the subject of the petition for review, including
				materials submitted in public comment. The index shall contain sufficient
				identifying information to enable unique documents to be
				distinguished.
(2) Concurrent with
				the filing of the index, the respondent shall make all documents in the index
				reasonably available to the petitioners for inspection and copying without the
				necessity for a public records request. In addition, the written or electronic
				record of the legislative proceedings where action was taken shall be available
				to the parties for inspection or transcription. Respondents may charge for the
				cost of copies of documents requested by other parties in accordance with
				RCW
				   42.56.120, as amended.
(3) Within seven days after the filing of the
				index, any other party may file a list of proposed additions to the index. To
				the extent such documents were submitted to the jurisdiction or a part of the
				jurisdiction's proceedings prior to the challenged action, they are presumed
				admissible subject to relevance. If the respondent objects to any proposed
				addition, the petitioner may bring a motion to supplement the record as
				provided in WAC
				242-03-565.
(4) Respondent may file a corrected index to
				add, delete, or correct the listing of documents it considered, without the
				necessity for a motion to supplement the record, by no later than a week before
				the date for filing the petitioner's prehearing brief.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-510, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-520 - Exhibits

Current through Register Vol. 24-14, July 15, 2024
Except as otherwise provided in these rules, the evidence in
				  a case shall consist of the exhibits cited in the briefs or as exhibits allowed
				  pursuant to a motion to supplement and attached thereto.
Exhibits shall be documents, portions of documents, or
				  transcriptions of electronic records listed in the index, unless a motion to
				  supplement the record has been granted. Exhibits admitted on motion to
				  supplement will be assigned a number by the presiding officer.
The relevant portion of any exhibit cited in a brief or
				  motion must be attached to the brief or motion and identified by the exhibit's
				  index of the record (or assigned) number and number of the page cited. When
				  such attachment is redundant, the presiding officer may allow the participants
				  to cross-reference to exhibits attached to previously submitted materials so
				  long as they are identified in the same manner.
This requirement will be stated in the order on motion to
				  supplement.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-520, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-525 - Designation of presiding officer and panel members

Current through Register Vol. 24-14, July 15, 2024
The board shall designate the presiding officer and panel
				  members for each case at the time it issues the notice of hearing pursuant to
				  WAC 242-03-500. In the event the
				  presiding officer or any panel member subsequently changes, the board shall
				  promptly notify the parties.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-525, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-530 - 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 an impartial and orderly manner. The presiding
				  officer shall have the authority, subject to the other provisions of the act or
				  these rules to:
(1) Inspect the
				petition for review to determine whether, on its face, compliance with
				requirements for subject matter jurisdiction, procedural filing and service
				requirements, and standing requirements of the act is shown, and if compliance
				is not shown, to recommend an action or to refer the issue to the board for
				resolution;
(2) Require that
				parties not represented by counsel designate a spokesperson(s);
(3) Conduct the prehearing conference, seek
				clarification or simplification of issues, establish the case schedule, and
				regulate the course of the case;
(4) Rule on all procedural matters,
				objections and routine motions; resolve procedural issues concerning service of
				documents by email or by mail in light of technical capabilities or other
				circumstances;
(5) Rule on all
				evidentiary matters including supplementation of the record;
(6) Decide motions for intervention, amicus,
				or compliance participant status;
(7) Consolidate cases for hearing pursuant to
				RCW     36.70A.290(5) or coordinate cases pursuant to WAC 242-03-030(5) and
				242-03-030(6) when such consolidation or coordination will expedite disposition
				and avoid duplication of evidence and argument;
(8) Review cases for settlement or mediation
				opportunities and assist the parties in arranging such sessions;
(9) Administer oaths and affirmations if
				witnesses are permitted to testify, authorize discovery, or issue subpoenas in
				exceptional circumstances as provided in RCW     34.05.446;
(10) Encourage the parties to stipulate to
				the admissibility of documents in advance of a hearing and rule on issues
				concerning the content of the record;
(11) Limit the length of a brief or impose
				format restrictions;
(12) Rule on
				requests for settlement extensions;
(13) Determine whether oral argument will be
				allowed on a motion and, if so, schedule the hearing; determine whether a
				conference or hearing shall be held by teleconference or in person;
(14) Require a party to provide a complete
				copy of the comprehensive plan, county-wide planning policy, or other core
				document germane to determination of the case;
(15) Waive any requirement of these rules
				unless a party shows that it would be prejudiced by such a waiver;
				and
(16) Take any other action
				necessary and authorized by these rules, the act, or the Administrative
				Procedure Act, chapter 34.05 RCW.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-530, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-535 - Prehearing conference - When held

Current through Register Vol. 24-14, July 15, 2024
The prehearing conference will be held twenty-one days after
				  the filing of the petition for review or as scheduled in the notice of hearing.
				  The prehearing conference is conducted by the presiding officer and is
				  ordinarily held telephonically.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-535, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-540 - Prehearing conference-Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of a prehearing conference is to:
(1) Determine the feasibility of and
				encourage settlement of the matter or any portion thereof and provide
				information about mediation as set forth in WAC 242-03-575;
(2) Obtain a stipulation of relevant facts
				including the board's jurisdiction, the petitioner's standing in the matter,
				and the timeliness of the petition for review;
(3) Obtain agreement as to the issues of law
				and fact presented and their clarification, simplification, limitation, or
				resolution, so as to frame the final issues to be decided by the
				board;
(4) Rule on any pending
				matters of intervention, consolidation, or the qualification of individual
				board members or the composition of the panel;
(5) Determine the witnesses, if any, that may
				be allowed to be called by the parties;
(6) Set the final case schedule for filing
				motions, deadlines for briefing, and date and time of the hearing on the
				merits;
(7) Determine the
				approximate time necessary for the presentation of evidence and/or argument of
				the respective parties;
(8) Obtain
				all other information which may aid in the prompt disposition of the matter;
				and
(9) Resolve procedural issues
				concerning service of documents by email or by mail in light of technical
				capabilities or other circumstances.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-540, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-545 - Prehearing order

Current through Register Vol. 24-14, July 15, 2024
(1) Within seven
				days after the prehearing conference, the presiding officer shall issue a
				prehearing order memorializing rulings of the board at or prior to the
				prehearing conference, establishing the issues for resolution in the case, and
				setting the final case schedule for motions, briefing, and the hearing on the
				merits. The prehearing order may include:
(a)
				Admissions concerning jurisdiction, standing, or timeliness of the
				appeal;
(b) Provisions concerning
				the record, documents to be provided, witnesses allowed, if any, and
				authenticity and/or admissibility of exhibits;
(c) Limitations on length of briefs and the
				coordination of arguments from parties with related issues; or
(d) Any other matters that may expedite the
				resolution of the matter.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-550 - Motions-General requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A motion is an application for an order
				or ruling. Every motion shall be filed separately in writing, and not contained
				within a brief, unless made during a hearing; shall state with particularity
				the grounds; and shall set forth the relief or order sought.
(2) The deadline for filing certain motions
				is established in the prehearing order. No written motion may be filed after
				the date specified in the order without written permission of the presiding
				officer which may be granted for good cause shown.
(3) Unless the prehearing order or other
				order in the case establishes a different deadline, a party served with a
				motion shall have ten days from the date of service of the motion to respond to
				it. The presiding officer may allow the moving party to reply to the
				response.
(4) A party filing a
				motion on a routine matter is encouraged to inform other parties and to
				indicate in the motion whether it is filed with the concurrence of other
				parties.
(5) A motion on procedural
				matters will generally be decided by the presiding officer without a
				hearing.
(6) The presiding officer,
				taking into consideration the complexity and finality of the issues raised in a
				motion, may, in the officer's discretion, schedule a telephonic hearing for
				argument of the motion to the board or may defer consideration of the motion
				until the hearing on the merits.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-550, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-555 - Dispositive motions

Current through Register Vol. 24-14, July 15, 2024
(1) Dispositive motions on a limited record
				to determine the board's jurisdiction, the standing of a petitioner, or the
				timeliness of the petition are permitted. The board rarely entertains a motion
				for summary judgment except in a case of failure to act by a statutory deadline
				or a procedural challenge to the State Environmental Policy Act (SEPA)
				compliance.
(2) Dispositive motions
				and responses shall be filed by the dates established in the prehearing order.
				The board may refuse to hear a motion that is not timely filed, except where
				good cause is shown.
(3) The
				presiding officer, taking into consideration the complexity and finality of the
				issues raised, may, in the presiding officer's discretion, request a reply
				brief from the moving party, schedule a telephonic hearing for argument of the
				motion or may defer the board's consideration of the motion until the hearing
				on the merits.
(4) Unless the order
				on dispositive motions is a final order pursuant to WAC
				242-03-030(9),
				no motion for reconsideration will be allowed.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-555, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-560 - Dispositive motion on notice and public participation

Current through Register Vol. 24-14, July 15, 2024
Any party may bring a motion for the board to decide a
				  challenge to compliance with the notice and public participation requirements
				  of the act raised in the petition for review, provided that the evidence
				  relevant to the challenge is limited. Such motion shall be filed by the
				  deadline for dispositive motions established in the prehearing order. The
				  presiding officer shall determine whether the panel will decide the notice and
				  public participation issue(s) on motion or whether to continue those issues to
				  the hearing on the merits.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-560, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-565 - Motion to supplement the record

Current through Register Vol. 24-14, July 15, 2024
Generally, the board will review only documents and exhibits
				  taken from the record developed by the city, county, or state in taking the
				  action that is the subject of review by the board and attached to the briefs of
				  a party. A party by motion may request that the board allow the record to be
				  supplemented with additional evidence.
(1) A motion to supplement the record shall
				be filed by the deadline established in the prehearing order, shall attach a
				copy of the document, and shall state the reasons why such evidence would be
				necessary or of substantial assistance to the board in reaching its decision,
				as specified in
				RCW
				   36.70A.290(4). The board may
				allow a later motion for supplementation on rebuttal or for other good cause
				shown.
(2) Evidence arising
				subsequent to adoption of the challenged legislation is rarely allowed except
				when supported by a motion to supplement showing the necessity of such evidence
				to the board's decision concerning invalidity.
(3) Exhibits attached to motions to
				supplement shall be cross-referenced in the briefs for the hearing on the
				merits, unless the presiding officer, in the order on motion to supplement,
				requires copies of supplemental exhibits to be attached also to the hearing on
				the merits brief.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-565, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-570 - Motion to disqualify for cause-Challenge to panel

Current through Register Vol. 24-14, July 15, 2024
(1) A motion to
				disqualify a board member from serving on a panel or to challenge the
				composition of the panel shall be brought at least seven days before the board
				holds a prehearing conference, or if facts establishing grounds for
				disqualification are subsequently discovered, promptly after discovery of such
				facts. In the event a new panel assignment is made during the course of the
				proceedings on a matter, any motion for disqualification or challenge to panel
				composition shall be brought no later than seven days after the board issues
				its notice of panel assignment.
(2)
				Any board member designated to serve on a panel is subject to disqualification
				for bias, prejudice, interest, or any other cause as provided in
				RCW
				   34.05.425. The board member whose
				disqualification is requested shall promptly determine whether to grant the
				motion, stating facts and reasons for the determination.
(3) If a party brings a motion challenging
				the composition of the panel for noncompliance with the requirements of
				RCW
				   36.70A.260, the presiding officer shall
				promptly forward the motion to the board chair who will prepare a
				response.
(4) If a motion for
				disqualification or challenge to composition of the panel is granted, a new
				panel assignment and/or presiding officer designation will be promptly made.
				The parties will be informed at the prehearing conference and the resolution of
				the matter will be included in the prehearing order or other written order of
				the board issued within twenty days of the filing of the motion.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-570, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-575 - Settlement extensions and mediation

Current through Register Vol. 24-14, July 15, 2024
(1) If additional time is necessary to
				achieve settlement of a dispute that is an issue in a petition before the
				board, the board may extend the one hundred eighty-day time limit for issuing a
				final decision and order, as provided in
				RCW
				   36.70A.300(2)(b). The
				presiding officer may authorize one, or more, extensions of up to ninety days
				each.
(2) A request for a
				settlement extension must be filed with the board not later than seven days
				before the date scheduled for the hearing on the merits of the
				petition.
(3) The presiding officer
				may grant a request for a settlement extension if:
(a) The request was timely filed;
				and
(b)
(i) All parties named in the caption of the
				petition, agree to and sign the request; or
(ii) A petitioner and respondent agree to and
				sign the request and the board determines that a negotiated settlement between
				the remaining parties could resolve significant issues in dispute.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-580 - Continuance of hearing

Current through Register Vol. 24-14, July 15, 2024
Other than for settlement purposes pursuant to WAC
				  242-03-575, continuance of a
				  scheduled hearing will be granted only on the board's initiative or upon timely
				  request of a party setting forth in detail the reason for such a request and a
				  date by which such reason will no longer apply. The board will continue the
				  hearing only in extraordinary circumstances and upon a finding of good cause.
				  Continuance and rescheduling of a hearing on the merits or compliance hearing
				  does not extend the statutory deadline for filing a final decision or for
				  taking action to achieve compliance with the act.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-580, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-590 - Briefs

Current through Register Vol. 24-14, July 15, 2024
(1) A
				petitioner, or a moving party when a motion has been filed, shall submit a
				brief addressing each legal issue it expects the board to determine. Failure by
				such a party to brief an issue shall constitute abandonment of the unbriefed
				issue. Briefs shall enumerate and set forth the legal issue(s) as specified in
				the prehearing order.
(2) Briefs
				shall be filed according to the requirements and schedule in the prehearing
				order or any subsequent order amending the briefing schedule.
(3) Clarity and brevity are expected to
				assist the board in meeting its statutorily imposed time limits. A presiding
				officer may limit the length of a brief and impose format
				restrictions.
(4) A copy of any
				development regulation provision cited in the brief shall be included as an
				appendix, unless the provision is quoted verbatim in the brief.
(5) Where there is a map in the record that
				helps illustrate the material facts, petitioner shall include a copy of that
				map as an exhibit to the brief.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-590, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › PROCEDURES PRIOR TO HEARING › Section 242-03-595 - Stipulation to the facts

Current through Register Vol. 24-14, July 15, 2024
Parties are encouraged to stipulate to any undisputed
				  facts.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-595, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › HEARING PROCEDURE › Section 242-03-600 - Hearing-Recording-Recording devices

Current through Register Vol. 24-14, July 15, 2024
(1) All hearings shall be recorded by manual,
				electronic, or other type of recording device.
(2) Photographic and recording equipment of
				others shall be permitted at hearings; however, the presiding officer may
				impose such conditions upon their use as deemed necessary to prevent disruption
				of the hearing, or when a statute or common law limits such use.
Statutory Authority:
					 RCW
					    36.70A.270(7). 11-13-109,
					 § 242-03-600, filed 6/21/11, effective
					 7/22/11.
Washington Administrative Code › Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board) › Chapter 242-03 - GMHB rules of practice and procedure › HEARING PROCEDURE › Section 242-03-610 - Hearing - Procedures at hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose. The purpose of any hearing is
				for the parties to present oral argument based on the record as presented in
				their briefs and exhibits and for the board to ask questions necessary for a
				thorough understanding of the issues for decision.
(2) Presiding officer. All hearings shall be
				conducted by a presiding officer who shall conduct the hearing in an orderly
				manner and rule on all procedural matters, objections, and motions.
(3) Order of presentation. The presiding
				officer shall determine the proper order of presentation and the time allotted
				for presentation. Time allotted to petitioners and respondents will be roughly
				equal, with parties responsible for dividing their time with supporting
				intervenors, if any.
(4)
				Illustrative exhibits. Any proposed illustrative exhibit shall be circulated to
				the parties at least four days prior to the hearing. Paper copies of any
				illustrative exhibit, in pleading size, shall be brought to the hearing for the
				benefit of the board and the parties.
(5) Supplemental evidence submitted at
				hearing. In exceptional circumstance the board may allow the submission of
				supplemental evidence at a hearing in response to board questions, upon a
				showing that the supplemental evidence is necessary or of substantial
				assistance to the board. If supplemental evidence is thereby introduced, the
				opposing party shall have the opportunity to respond. The board may require the
				parties to submit post-hearing briefing or documents detailing the supplemental
				evidence, and the opposing party's rebuttal to the supplemental
				evidence.
Statutory Authority:
					 RCW
					 36.70A.270(7). 11-13-109,
					 § 242-03-610, filed 6/21/11, effective
					 7/22/11.