Washington Administrative Code

These rules shall govern the board's adoption or amendment of rules, and all practice and procedure for hearings before the board.[Statutory Authority: RCW 36.70A.270(7). WSR 21-17-069, § 242-03-035, filed 8/12/21, effective 9/12/21; WSR 11-13-109, § 242-03-035, filed 6/21/11, ef…

(1) Any person may petition the board for the adoption, amendment, or repeal of any rule. Said petition shall be filed with the board at its office. The form for a petition for rule making, the criteria to be addressed, and the procedure for submission shall be as specified in RC…

The time within which any act shall be done, as provided by these rules, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a legal holiday, pursuant to RCW 1.16.050, and then it is excluded and the next succeeding da…

(1) Board quorum. For the purpose of adopting, amending, or repealing these rules or transacting other administrative business, at least three members of the board shall constitute a quorum of the board. A quorum being present, any action may be taken upon the vote of the majorit…

(1) The administration of the board is consolidated in one office - The environmental and land use hearings office:Growth Management Hearings Boardc/o Environmental and Land Use Hearings Office1500 Jefferson Street S.E.Olympia, WA 98501P.O. Box 40903Olympia, WA 98504-0953Website:…

(1) A special meeting of the board may be called at the request of any two of the board members. To call a special meeting, a written notice of the meeting shall be posted on the board's website, prominently displayed on the main entrance of the board's principal office location …

The board shall assign a case number to each petition for review which shall be the official reference number for purposes of identification. The first two digits of the case number shall correspond to the last two digits of the calendar year in which the petition was filed. The …

Practice before the board shall be open to the following persons who have met the standing requirements of chapter 36.70A RCW:(1) A party or compliance participant to a case before the board may appear personally or by a duly authorized representative. The duly authorized represe…

(1) Notice of appearance. Any person acting in a representative capacity on behalf of a party or participant shall file a notice of appearance with the board and shall serve a copy on all other parties. This requirement shall apply to attorneys as well as to other duly authorized…

(1) An attorney appearing in proceedings before the board in a representative capacity shall conform to the Rules of Professional Conduct required of attorneys before the courts of Washington.(2) A person other than an attorney appearing in a representative capacity or on his/her…

No one in a board proceeding shall make or attempt to make any ex parte communications with board members regarding any issue in the proceeding that is prohibited by the Administrative Procedure Act, RCW 34.05.455. Communications on purely procedural matters such as scheduling an…

Every pleading, motion and legal memorandum of a party shall be dated and signed by the party, or the party's attorney or other authorized representative and include an address, telephone and electronic mail address.[Statutory Authority: RCW 36.70A.270 (4) and (7). WSR 16-02-114,…

Documents shall be provided in the manner indicated in the board's prehearing order.[Statutory Authority: RCW 36.70A.270(7). WSR 21-17-069, § 242-03-145, filed 8/12/21, effective 9/12/21; WSR 11-13-109, § 242-03-145, filed 6/21/11, effective 7/22/11.]

(1) At the discretion of the board or a presiding officer, or where the parties agree and where the rights of the parties will not be prejudiced, all or part of any hearing, prehearing, or motion hearing may be conducted by telephone, video conference, or other electronic means. …

An appeal before the board is initiated by satisfying the following requirements:(1) A petition for review relating to an adopted comprehensive plan, development regulation, or amendment thereto, must be filed with the growth management hearings board within sixty days after publ…

A petition for review shall substantially contain:(1) A caption in the following form:before the growth managementhearings boardregionstate of washingtonPetitioner, Case No. v. Respondent. petition for review (2) Numbered paragraphs stating:(a) Petitioner's name, mailing address,…

(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 pu…

(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…

(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 Saturday…

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…

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). WSR 11-13-109, § 242-03-250, filed 6/21/11, effective 7/22/11.]

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 …

(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 ordina…

(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 existi…

(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…

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 fil…

(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 i…

(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 enfo…

(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 …

(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 testi…

(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…

(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…

(1) Within 30 days of service of a petition for review, the respondent shall file with the board and serve a copy on the parties an index listing all materials used in taking the action which is the subject of the petition for review, including materials submitted in public comme…

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…

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.[Statut…

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 wheth…

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 …

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 stat…

(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 mot…

(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 fo…

(1) Dispositive motions on a limited record to determine the board's statutory authority to consider the matter, 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…

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 de…

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…

(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, p…

(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 m…

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 …

(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 fort…

Parties are encouraged to stipulate to any undisputed facts.[Statutory Authority: RCW 36.70A.270(7). WSR 11-13-109, § 242-03-595, filed 6/21/11, effective 7/22/11.]

(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 d…

(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 hearin…