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 F - HEARINGS › Section 461-08-495 - Procedures at hearings

Current through Register Vol. 24-14, July 15, 2024
(1)
Presiding officer.
All hearings are conducted by a presiding
				officer who shall conduct the hearing in an orderly manner and rule on all
				procedural matters, objections and motions.
(2)
Testimony under oath.
All
				testimony to be considered by the board must be sworn or affirmed. The
				presiding officer, or other authorized officer, shall administer the oath to
				witnesses.
(3)
Recording.
(a) An official recording of all evidentiary
				hearings must be made by manual, electronic, or other type of recording
				device.
(b) Unofficial use of
				photographic and recording equipment is permitted at hearings; however, anyone
				seeking to use such equipment must consult first with the presiding officer,
				who may impose conditions on their use as necessary to prevent disruption of
				the hearing.
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 461-08-500 - Scope and standard of review and burden of proof

Current through Register Vol. 24-14, July 15, 2024
(1) Hearings upon petitions for review shall be
				  quasi-judicial in nature. The scope and standard of review shall be
de
				  novo
unless otherwise required by law. However, the board shall
				  conduct the following types of hearings on the record compiled by the
				  department:
(a) Petitions for review of department decisions to adopt or
				  approve rules, regulations or guidelines pursuant to chapter 90.58 RCW;
				  and
(b) Petitions for review to approve or reject a proposed
				  master program or master program amendment.
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 461-08-505 - Legal criteria

Current through Register Vol. 24-14, July 15, 2024
(1) In deciding upon a petition for review brought pursuant
				  to RCW  90.58.180(1) and (2)   the
				  board shall make its decision considering the following legal criteria:
(a) Consistency with the requirements of
				  chapter
				  43.21C RCW, the State
				  Environmental Policy Act.
(b) From June 1, 1971, until such time as an applicable
				  master program has become effective, whether the action of the local government
				  unit is consistent with:
(i) The policy of
				  RCW  90.58.020; and
(ii) The guidelines and regulations of the department;
				  and
(iii) So far as can be ascertained the master program being
				  developed for the area.
(c) After adoption or approval, as appropriate, by the
				  department of an applicable master program, whether the action of the local
				  government is consistent with the applicable master program and the provisions
				  of chapter 90.58 RCW, and the department's implementing regulations.
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 461-08-510 - Provision of interpreters and of reasonable accommodations to individuals with special needs

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever any person involved in an adjudicative
				  proceeding before the board is eligible for an interpreter, as that eligibility
				  is defined in WAC
				  10-08-150, or qualifies for
				  reasonable accommodations as an individual with disabilities, that person shall
				  request an interpreter or other reasonable accommodations from the presiding
				  officer not later than three weeks before the date of the hearing, conference
				  or other situation for which the interpreter or assistance is needed. The board
				  shall comply with WAC
				  10-08-150 and
				  10-08-160(2) regarding the provision of interpreters.
(2) Information about proceedings before the board is
				  available in alternate format upon request.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-510,
					 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 461-08-515 - Rules of evidence - Admissibility criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Evidence, including hearsay evidence, is admissible if in
				  the judgment of the presiding officer it is the kind of evidence on which
				  reasonably prudent persons are accustomed to rely in the conduct of their
				  affairs. All relevant evidence is admissible which, in the opinion of the
				  presiding officer, is the best evidence reasonably obtainable, having due
				  regard for its necessity, availability and trustworthiness. In passing upon the
				  admissibility of evidence, the presiding officer shall give consideration to,
				  but shall not be bound to follow, the rules of evidence governing civil
				  proceedings in matters not involving trial by jury in the superior courts of
				  the state of Washington.
(2) The presiding officer shall exclude evidence that is
				  excludable on constitutional or statutory grounds or on the basis of
				  evidentiary privilege recognized in the courts of this state.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-515,
					 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 461-08-520 - Rules of evidence - Official notice - Matters of law

Current through Register Vol. 24-14, July 15, 2024
The board and its hearing officers, upon request made before
				  or during a hearing, will officially notice:
(1)
Federal law.
The Constitution; congressional
				  acts, resolutions, records, journals and committee reports; decisions of
				  federal courts and administrative agencies; executive orders and proclamations;
				  and all rules, orders and notices published in the
Federal
				  Register.
(2)
State law.
The Constitution of the state of
				  Washington, acts of the legislature, resolutions, records, journals and
				  committee reports; decisions of Washington state courts and administrative
				  agencies; executive orders and proclamations by the governor; and all rules,
				  orders and notices filed with the code reviser.
(3)
Governmental organization.
Organization,
				  territorial limitations, officers, departments, and general administration of
				  the government of the state of Washington, the United States, the several
				  states and foreign nations.
(4)
Agency organization.
The department,
				  commission or board organization, administration, officers, personnel, official
				  publications, and practitioners before its bar.
Statutory Authority:
					 RCW 90.58.175 and Den Beste v. Washington, No.
					 13967-1-III (Div. III, April 18, 1996). 96-17-017, §
											461-08-520, 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 F - HEARINGS › Section 461-08-525 - Rules of evidence - Official notice - Material facts

Current through Register Vol. 24-14, July 15, 2024
(1) In the absence of controverting evidence, the board and
				  its hearing officers, upon request made before or during a hearing, or in a
				  proposed decision, may officially notice:
(a)
Board proceedings.
The pendency of, the
				  issues and position of the parties therein, and the disposition of any
				  proceeding then pending before or theretofore concluded by the board;
(b)
Business customs.
General customs and
				  practices followed in the transaction of business;
(c)
Notorious facts.
Facts so generally and
				  widely known to all well informed persons as not to be subject to reasonable
				  dispute, or specific facts which are capable of immediate and accurate
				  demonstration by resort to accessible sources of generally accepted authority,
				  including but not exclusively, facts stated in any publication authorized or
				  permitted by law to be made by any federal or state officer, department, or
				  agency;
(d)
Technical knowledge.
Matters within the
				  technical knowledge of the board as a body of experts, within the scope or
				  pertaining to the subject matter of its statutory duties, responsibilities or
				  jurisdiction.
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 461-08-530 - Presentation of additional evidence by presiding officer

Current through Register Vol. 24-14, July 15, 2024
The presiding officer may, when all parties have rested,
				  present such evidence, in addition to that presented by the parties, as deemed
				  necessary to decide the appeal fairly and equitably. Any such evidence secured
				  and presented by the presiding officer shall be presented in an impartial
				  manner, and shall be received subject to full opportunity for cross-examination
				  by all parties. If a party desires to present rebuttal evidence to any evidence
				  so presented by the presiding officer, application shall be made therefor
				  immediately following the conclusion of such evidence. Such application shall
				  be granted by assignment of a time and place for presentation of such rebuttal
				  evidence.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-530,
					 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 461-08-535 - Rules of evidence - Tentative admission - Exclusion - Discontinuance - Objections

Current through Register Vol. 24-14, July 15, 2024
When objection is made to the admissibility of evidence, such
				  evidence may be received subject to a later ruling. The officer conducting the
				  hearing may, either with or without objection, exclude inadmissible evidence or
				  order cumulative evidence discontinued. Parties objecting to the introduction
				  of evidence shall state the precise grounds of such objection at the time such
				  evidence is offered.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-535,
					 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 G - DECISIONS BY THE BOARD AFTER HEARING › Section 461-08-540 - Contents of the record

Current through Register Vol. 24-14, July 15, 2024
The record before the board in any adjudicative proceeding
				  shall consist of the decision or order appealed from, the petition for review
				  therefrom, responsive pleadings, if any, and notices of appearances, and any
				  other written applications, motions, stipulations or requests duly filed by any
				  party and written reports or orders of the presiding officer. Such record shall
				  also include all depositions, if they are admitted at the hearing, the
				  transcript of testimony as provided in WAC
				  461-08-545, and other proceedings
				  at the hearing, together with all exhibits admitted. No part of the local
				  government's record or other documents shall be made part of the record of the
				  board unless admitted in evidence.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-540,
					 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 G - DECISIONS BY THE BOARD AFTER HEARING › Section 461-08-545 - Preparation of transcripts

Current through Register Vol. 24-14, July 15, 2024
(1) The board, in its discretion, may at any time cause a
				  transcript to be printed, but will not normally do so.
(2) When the board does not cause a transcript to be printed,
				  it shall be the obligation of the party wishing a transcript, or portions of
				  it, to order the same from the board reporter and assume the printing
				  costs.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-545,
					 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 G - DECISIONS BY THE BOARD AFTER HEARING › Section 461-08-550 - Preparation of findings, conclusions and orders

Current through Register Vol. 24-14, July 15, 2024
Upon request of the board or presiding officer, findings,
				  conclusions and orders shall be prepared by counsel and the same be based upon
				  the board's oral or memorandum opinion. The board or presiding officer may
				  adopt, in whole or in part, the findings, conclusions and orders or the board
				  may prepare its own findings, conclusions and orders.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-550,
					 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 G - DECISIONS BY THE BOARD AFTER HEARING › Section 461-08-555 - Final decisions and orders

Current through Register Vol. 24-14, July 15, 2024
(1)
Full-board cases.
When the hearing on the petition for review has
				been heard by a majority of the board in a full-board case, and upon completion
				of the record and submission of the issues for decision and order, a written
				final decision and order concurred in by them then may be adopted which shall
				contain findings and conclusions as to each contested issue of fact and law
				material to the disposition of the matter: Provided, That in the event that the
				full board considers the record and that four of the members cannot agree on a
				decision, the substantive decision under appeal will control. The board will
				formally adopt its final decision and order.
(2)
Short-board cases.
When the
				hearing on the petition for review has been heard by two or more board members
				in a short-board case, and upon completion of the record and submission of the
				issues for decision and order, a written final decision and order concurred in
				by them then may be adopted which shall contain findings and conclusions as to
				each contested issue of fact and law: Provided, That in the event that the
				three board members consider the record and a majority of the members cannot
				agree on a decision, the substantive decision under appeal will control. The
				board will formally adopt its final decision and order.
(3) The board's final decision and order
				shall be served on each party to the petition for review or to the attorney or
				representative of record, if any. The board's final decision and order may be
				served electronically when a party agrees to electronic service. Service upon
				the representative constitutes service upon the party.
Statutory Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											461-08-555, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  90.58.175. 99-23-038, §
											461-08-555,
					 filed 11/12/99, effective 12/13/99; 96-15-002, §
											461-08-555, 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 G - DECISIONS BY THE BOARD AFTER HEARING › Section 461-08-560 - Deadline for the board to issue final decision on petitions for review of permitting decisions. Waivers and extensions of deadline

Current through Register Vol. 24-14, July 15, 2024
(1) The board shall, pursuant to
				  RCW  90.58.180, issue a final decision on
				  petitions for review arising out of the granting, denying or rescinding of a
				  permit within one hundred eighty days of the following:
(a) The date the petition for review is filed; or
(b) The date a motion to intervene is filed by the department
				  or the attorney general, whichever is later.
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 G - DECISIONS BY THE BOARD AFTER HEARING › Section 461-08-565 - Petitions for reconsideration

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) After issuance of a final decision, any
				party may file a petition for reconsideration with the board. Such petition
				must be filed and served on all parties within 10 days of the board serving the
				final decision under WAC 461-08-310. The board may require an answer, or
				parties may elect to file an answer, to the petition for reconsideration. Any
				answer to a petition for reconsideration must be filed and served on all
				parties within five days of the date of receipt of the petition.
(b) The filing of a petition for
				reconsideration does not stay the effectiveness of the final decision of the
				board.
(c) In response to a
				petition for reconsideration, the board may deny it, or may reverse or modify
				its decision or may reopen the hearing. The board is deemed to have denied the
				petition if, within 20 days from the date the petition is filed, the board does
				not act on the petition or specify a date by which it will act on the
				petition.
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 H - APPEALS FROM BOARD DECISIONS › Section 461-08-570 - Time for filing petitions for review to superior court

Current through Register Vol. 24-14, July 15, 2024
An appeal of a final board order is called a petition for
				  review. A petition for review must be filed with superior court within 30 days
				  of the date that the board serves its final order or decision as provided in
				  RCW   34.05.542. The petitioner shall file a copy of the petition for review to
				  superior court with the board and shall serve all parties of record. All
				  appeals must first be filed in superior court even if direct review to the
				  court of appeals will be sought.
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, §
											461-08-570, filed 8/23/10,
					 effective 9/23/10. Statutory Authority:
					 RCW  90.58.175 and SHB 1314. 97-19-063, §
											461-08-570, filed 9/15/97, effective 10/16/97. Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-570,
					 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 H - APPEALS FROM BOARD DECISIONS › Section 461-08-575 - Direct review to the court of appeals based upon an accepted certificate of appealability by the board

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											461-08-575, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-575,
					 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 H - APPEALS FROM BOARD DECISIONS › Section 461-08-580 - Certification of record

Current through Register Vol. 24-14, July 15, 2024
(1) Within 30
				days of receipt of a copy of the petition for judicial review to the superior
				court or notice of acceptance of the certificate of appealability by the court
				of appeals, the board shall certify and transmit to the reviewing court the
				record made before the board. Additional time for certification and
				transmission of the record may be allowed by the reviewing court.
(2) Normally the record will not include a
				transcript of the testimony. Unless the board has caused a transcript to be
				printed, arrangements for and costs of the written transcript shall be the
				obligation of the party seeking judicial review.
Statutory Authority:
					 RCW  90.58.175. 96-15-002, §
											461-08-580,
					 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 I - APPLICABILITY OF SEPA › Section 461-08-585 - Applicability of SEPA guidelines

Current through Register Vol. 24-14, July 15, 2024
The board has reviewed its authorized activities pursuant to
				  the SEPA rules and has found them all to be exempt from that
				  chapter.
Statutory Authority:
					 RCW 90.58.175. 96-15-002, §
											461-08-585,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to describe the council and set
				out general information on agency operations and implementation of the public
				records provisions of chapter 42.17 RCW.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-06-010, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 98-01-079,
				  §
										463-06-010, filed 12/12/97, effective 1/12/98. Statutory Authority:
				  RCW 80.50.040. 91-03-090, §
										463-06-010,
				  filed 1/18/91, effective 2/18/91; Order 103, §
										463-06-010, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-020 - Description of organization

Current through Register Vol. 24-14, July 15, 2024
(1) The council is a state agency authorized by
				chapter
				80.50 RCW.
(2) The voting membership of the council consists of directors,
				administrators, or their designee of the member agencies listed in
				RCW  80.50.030. In addition, a voting county
				representative, a voting city representative, and a nonvoting port district
				representative may sit with the council under the circumstances described in
				RCW  80.50.030.
(3) The chair is the person appointed by the governor with the
				advice and consent of the senate to a term coextensive with that of the
				governor pursuant to
				RCW  80.50.030.
(a) The chair has a vote on all matters before the council and
				has an office at the council's office.
(b) Pursuant to
				RCW  80.50.030, the chair may designate a member
				of the council to serve as acting chair. The acting chair shall remain entitled
				to vote on any proposed council action and shall continue to fulfill his or her
				responsibilities under
				RCW  80.50.030(3) through
				(5).
(c) The chair or a designee executes all official documents,
				contracts and other materials on behalf of the council.
(d) The chair or any member of the council may perform such
				duties as are specifically authorized and directed by the council, not in
				conflict with
				RCW  80.50.040.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-030 - Council office - Business hours

Current through Register Vol. 24-14, July 15, 2024
The council office is currently located at 925 Plum Street
				S.E., Olympia, Washington. It is open each day for the transaction of business
				from 8:00 a.m. to 5:00 p.m., Saturdays, Sundays, and legal holidays excepted.
				Notices, applications, business correspondence, or other communication should
				be sent to the council office. The council's mailing address is P.O. Box 43172,
				Olympia, WA 98504-3172.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-06-030, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.040(1) and
				  34.05.220 [(1)](b). 98-01-078,
				  §
										463-06-030, filed 12/12/97, effective 1/12/98. Statutory Authority:
				  RCW 80.50.040(1). 92-09-013,
				  §
										463-06-030, filed 4/2/92, effective 5/3/92; 81-20-028 (Order 81-4),
				  §
										463-06-030, filed 9/30/81; Order 103, §
										463-06-030, filed 11/4/76.
				  Formerly WAC 463-20-060.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-050 - General method by which operations are conducted

Current through Register Vol. 24-14, July 15, 2024
(1) In general, the council reaches major policy and
				operational decisions through formal council action at meetings held pursuant
				to the Open Public Meetings Act, the state Administrative Procedure Act, or
				other applicable laws.
(2) In some circumstances, the chair may perform duties which
				are specifically authorized by the council.
(3) Day-to-day administration is handled by the council manager
				and staff.
(4) The council manager is responsible for implementing the
				decisions of the council and for directing the staff that supports the
				council.
(5) The council staff shall assist applicants in identifying
				issues presented by the application, review all information submitted, and
				recommend resolutions to issues in dispute that would allow site approval and
				may make recommendations to the council.
(6) The council staff are not parties to adjudicative
				proceedings conducted under
				chapter
				34.05 RCW.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-06-050, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 92-09-013,
				  §
										463-06-050, filed 4/2/92, effective 5/3/92; Order 103, §
										463-06-050, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-060 - How to obtain public records

Current through Register Vol. 24-14, July 15, 2024
(1) All public records of the council are available for public
				inspection and copying at the council office, during regular business hours, in
				accordance with chapter 42.17 RCW and these rules, except as otherwise provided
				by law.
(2) The public may request public records through the following
				mechanisms:
(a) Mail. Requests by mail shall be addressed to the council's
				mailing address: The Energy Facility Site Evaluation Council, P.O. Box 43172,
				Olympia, WA 98504-3172. The front of the envelope shall conspicuously state:
				"Public Records Request."
(b) E-mail. As of the date these rules are promulgated, the
				council's e-mail address is: efsec@ep.cted.wa.gov. This e-mail address may
				change without notice. The subject line of e-mail requests shall state: "Public
				Records Request."
(c) In person. In-person requests shall be made at the
				council's office, 925 Plum Street S.E., Olympia, Washington, or as such office
				may subsequently be relocated, during regular business hours.
(d) Fax. Faxed requests shall be accompanied by a cover sheet
				that conspicuously states: "Public Records Request."
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-070 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The council's public records officer is the council manager, or
				designee, who is responsible for implementation of these and other applicable
				regulations regarding public records.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-06-070, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 92-09-013,
				  §
										463-06-070, filed 4/2/92, effective 5/3/92; Order 103, §
										463-06-070, filed 11/4/76. Formerly WAC
				  463-20-050.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-080 - Contents of requests for public records

Current through Register Vol. 24-14, July 15, 2024
Chapter 42.17 RCW requires the council to prevent invasions of
				privacy, protect public records from damage or disorganization, prevent
				excessive interference with its essential functions, and prevent unreasonable
				disruptions of operations. Accordingly, the public may inspect and copy public
				records upon compliance with the following procedures:
(1) A member of the public who seeks a public record shall make
				a written request. The purpose of requiring written requests is to assist the
				council in tracking, managing and responding to the request in a timely and
				orderly fashion.
(2) No particular form of writing is required so long as the
				request complies with WAC
				463-06-060 and contains the
				following information:
(a) Name, mailing address, and telephone number of the
				requesting party;
(b) The date on which the written request is made;
(c) Identification of the record requested with sufficient
				particularity that the council can identify the record and make it available.
				Such identifying information should, if possible, include the title, subject
				matter, and date of the record;
(d) A signed statement that the records will not be used for
				commercial purposes if a list of individuals is being requested, or for any use
				prohibited by law; and
(e) A prominent statement that the request is being made
				pursuant to chapter 42.17 RCW and these regulations.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-090 - Staff assistance

Current through Register Vol. 24-14, July 15, 2024
The council staff shall provide assistance to help persons
				requesting records to identify the records they seek. The staff may ask the
				requesting party to clarify what records are being sought.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-06-090, filed 10/11/04, effective 11/11/04; Order 103,
				  §
										463-06-090, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-100 - Record of requests maintained

Current through Register Vol. 24-14, July 15, 2024
A record of requests for public records shall be maintained at
				the council office which shall reflect the date received and whether or not the
				request was granted, in addition to other information deemed relevant by the
				council.
Order 103, §
										463-06-100, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-110 - Copying and fees

Current through Register Vol. 24-14, July 15, 2024
(1) Copying. The council shall make copies on the council's
				copy equipment when doing so will not unreasonably disrupt the council's
				operations or cause excessive interference with other essential functions. If
				it is determined that making copies will disrupt the council's operations, an
				alternative schedule will be developed, or other arrangements for copying will
				be made.
(2) Fees.
(a) The council shall not impose a fee for locating documents,
				for making them available, or for inspection of records by the public.
(b) The council may charge up to fifteen cents per page fee for
				copies of public records provided.
(c) The council, at its option, shall not provide copies unless
				the associated fees have been paid in full prior to delivery of documents;
				provided that this advance payment requirement shall not apply to other
				government agencies or tribes or to parties or intervenors in proceedings
				before the council.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-120 - Disclosure procedure

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with RCW  42.17.320, within five business days
				of receiving a public records request, the council shall respond by:
(a) Providing the records;
(b) Acknowledging the council has received the request and
				providing a reasonable estimate of the time the council will require to
				respond; or
(c) Denying the record request, as set out in subsection (4) of
				this section.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-150 - Review of denials

Current through Register Vol. 24-14, July 15, 2024
For the purpose of judicial review, final agency action is
				deemed to have occurred at the end of the second business day after the
				requesting party received notification of a denial of
				inspection.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-06-150, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 92-09-013,
				  §
										463-06-150, filed 4/2/92, effective 5/3/92; Order 103, §
										463-06-150, filed 11/4/76. Formerly WAC 463-20-100 (part).
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-06 - Agency operations and public records › Section 463-06-170 - Records index

Current through Register Vol. 24-14, July 15, 2024
The council shall maintain and make available for public
				inspection an index of those classes of records described in RCW  42.17.260. The
				index is available for public inspection and copying.
(1) Form and content. The index shall be maintained in
				electronic form with copies available on paper. The index shall contain topic
				headings.
(2) Location and availability. The index shall be available to
				the public under the same rules and on the same conditions as are applied to
				other public records.
(3) Schedule for revisions and updates. The council shall
				revise and update the index annually.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-06-170, filed 10/11/04, effective 11/11/04; Order 103,
				  §
										463-06-170, filed 11/4/76. Formerly WAC
				  463-20-111.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-10 - Definitions › Section 463-10-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Except where otherwise indicated in the following chapters, the
				following terms have the meaning shown:
(1) "Council" means the energy facility site evaluation council
				created pursuant to
				chapter
				80.50 RCW and, where
				appropriate, to the staff of the council.
(2) "Applicant" means the person or entity making application
				for a certification or permit covered by this title.
(3) "Adjudicative proceeding" means a proceeding conducted
				pursuant to
				RCW  80.50.090(3) and the state
				Administrative Procedure Act.
(4) "Certificate holder" means a person or entity who is
				signatory to a site certification agreement, which has been signed by the
				governor, and who is bound by its terms.
(5) "Chair" means the person appointed by the governor pursuant
				to RCW  80.50.030.
(6) "Council manager" means the individual who handles
				day-to-day administration for the council, administers the decisions of the
				council, and directs the staff that supports the council.
(7) "Energy facility" includes electrical transmission
				facilities under
				RCW  80.50.020(8) and alternative
				energy resources under
				RCW  80.50.020(18).
(8) "Site certification agreement (SCA)" means the agreement
				between the state of Washington and the applicant that prescribes the
				conditions required for construction and operation of an energy
				facility.
(9) "Rule" as used herein, includes the terms "agency order,"
				"directive" or "regulation" in accordance with
				RCW  34.05.010(16).
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-10-010,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-10-010, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.040(1). 98-01-080,
				  §
										463-10-010, filed 12/12/97, effective 1/12/98. Statutory Authority:
				  RCW 80.50.040. 91-03-090, §
										463-10-010,
				  filed 1/18/91, effective 2/18/91; Order 104, §
										463-10-010, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-14 - Policy and interpretation › Section 463-14-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to publicize significant policy
				determinations and interpretations by which the council is guided in
				implementing
				chapter
				80.50 RCW and this
				title.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-14-010, filed 10/11/04, effective 11/11/04; Order 104,
				  §
										463-14-010, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-14 - Policy and interpretation › Section 463-14-020 - Need for energy facilities - Legislative intent binding

Current through Register Vol. 24-14, July 15, 2024
RCW  80.50.010 requires the council
				"to recognize the pressing need for increased energy facilities." In acting
				upon any application for certification, the council action will be based on the
				policies and premises set forth in
				RCW  80.50.010 including, but not limited
				to:
(1) Ensuring through available and reasonable methods that the
				location and operation of such facilities will produce minimal adverse effects
				on the environment, ecology of the land and its wildlife, and the ecology of
				state waters and their aquatic life;
(2) Enhancing the public's opportunity to enjoy the esthetic
				and recreational benefits of the air, water and land resources; and
(3) Providing abundant power at reasonable
				cost.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-14-020, filed 10/11/04, effective 11/11/04; Order 104,
				  §
										463-14-020, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-14 - Policy and interpretation › Section 463-14-030 - Public meetings and hearings policy for application reviews

Current through Register Vol. 24-14, July 15, 2024
The council encourages, and will provide for, public
				participation in its public meetings and hearings during reviews of
				applications for site certification as afforded by law and rule. The following
				sets forth the public participation in those meetings and hearings required in
				RCW  80.50.090.
(1) The public informational hearing as prescribed in
				RCW  80.50.090(1) shall be held
				in the county of the proposed site. All persons shall be afforded an
				opportunity to comment to the council regarding the proposed site.
(2) The public land use consistency hearing as prescribed in
				RCW  80.50.090(2) shall be held
				in the county where the proposed site is located to determine whether or not
				the proposed use of the site is consistent and in compliance with city, county
				or regional land use plans and zoning ordinances at the time of application. If
				the proposed site is located in more than one county, a land use consistency
				hearing shall be held in each county. The council shall limit public testimony
				at this hearing to the issue of consistency and compliance with city, county,
				or regional land use plans and zoning ordinances.
(3) Although all persons desirous of participating may not be
				accorded "party" status in the public hearing held as an adjudicative
				proceeding under
				chapter
				34.05 RCW prior to
				preparation of any recommendation to the governor, the council, at times and
				places designated by the council, upon compliance with reasonable procedures,
				shall allow any person desiring to be heard to speak in favor of or in
				opposition to the proposed site.
(4) The council views the provisions of
				RCW  80.50.090(4) as authorizing
				it to conduct additional public hearings as "public informational hearings,"
				"public land use consistency hearings" or "adjudicative proceedings." The
				council may also hold public meetings concerning the application for site
				certification.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-14-030, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 91-03-090, §
										463-14-030,
				  filed 1/18/91, effective 2/18/91; Order 104, §
										463-14-030, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-14 - Policy and interpretation › Section 463-14-040 - County, city and port district representatives - Segmentation of hearings and issues

Current through Register Vol. 24-14, July 15, 2024
RCW  80.50.030(4), (5) and
				(6)   necessitate segmentation of hearings and
				issues in instances where proposed energy facilities would extend beyond the
				boundaries of a single county, city and/or port district.
Statutory Authority:
				  RCW 80.50.040(1). 78-09-078
				  (Order 78-5), §
										463-14-040, filed 8/28/78; Order 104, §
										463-14-040,
				  filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-14 - Policy and interpretation › Section 463-14-050 - Preemption

Current through Register Vol. 24-14, July 15, 2024
Chapter 80.50 RCW operates as a state preemption of all matters relating to energy facility
				sites. Chapter 80.50 RCW certification is given in lieu of any permit, certificate, or similar
				document which might otherwise be required by state agencies and local
				governments.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-14-050, filed 10/11/04, effective 11/11/04; Order 104,
				  §
										463-14-050, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-14 - Policy and interpretation › Section 463-14-070 - Integration of council activities with federal agency activities

Current through Register Vol. 24-14, July 15, 2024
In consonance with
				RCW  80.50.040(10), the council
				hereby adopts a policy of holding joint hearings, whenever practical and
				desirable, with federal agencies having jurisdiction over matters affecting
				certification under
				chapter
				80.50 RCW.
Statutory Authority:
				  RCW 80.50.040(1). 98-01-081,
				  §
										463-14-070, filed 12/12/97, effective 1/12/98; Order 104, §
										463-14-070, filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-14 - Policy and interpretation › Section 463-14-080 - EFSEC deliberative process

Current through Register Vol. 24-14, July 15, 2024
RCW  80.50.100 requires the council
				to report to the governor its recommendation of approval or rejection of an
				application for certification. In order for the council to develop such a
				recommendation, it shall use wherever applicable the following deliberative
				process:
(1) Evaluate an application to determine compliance with
				chapter
				80.50 RCW and chapter
				463-60 WAC;
(2) Contract for an independent consultant study of the
				application;
(3) Conduct a review under the State Environmental Policy
				Act;
(4) Conduct an adjudicative proceeding for the presentation of
				evidence on the application;
(5) Conduct one or more sessions for the taking of public
				testimony concerning the proposed project;
(6) Consider public comments received;
(7) Consider any laws or ordinances, rules or regulations,
				which may be preempted by certification.
The council, when fully satisfied that all issues have been
				adequately reviewed, will consider and by majority decision will act on the
				question of approval or rejection of an application.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-14-080, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 91-03-090, §
										463-14-080,
				  filed 1/18/91, effective 2/18/91. Statutory Authority:
				  RCW 80.50.040(1). 81-20-028
				  (Order 81-4), §
										463-14-080, filed
				  9/30/81.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-14 - Policy and interpretation › Section 463-14-100 - Citations

Current through Register Vol. 24-14, July 15, 2024
As used in Title 463 WAC citations to state statutes and
				regulations include such laws as they now exist or as hereafter
				amended.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-14-100, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-18 - Council meetings and proceedings › Section 463-18-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter delineates procedures to be followed at meetings
				of the council. Business conducted by the council may fall within the scope of
				the Open Public Meetings Act,
				chapter
				42.30 RCW, or the
				Administrative Procedure Act,
				chapter
				34.05 RCW.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-18-010, filed 10/11/04, effective 11/11/04; Order 105,
				  §
										463-18-010, filed 11/4/76.