Washington Administrative Code

All evidence from the record which is to be relied upon at hearing shall be submitted to the board and to other parties with their briefs.(1) All relevant evidence, including hearsay evidence, is admissible if, in the opinion of the presiding officer, the offered evidence is the …

The board or presiding officer will take official notice of:(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, or…

(1) In the absence of conflicting evidence, the board or presiding officer, upon oral or written request made by any party before or during a hearing, or upon the board's own motion, may officially notice the following kinds of material facts:(a) Business customs. General customs…

Any member of the board may, at any time during the hearing, ask clarifying questions as necessary to understand the evidence or argument.[Statutory Authority: RCW 36.70A.270(7). WSR 11-13-109, § 242-03-650, filed 6/21/11, effective 7/22/11.]

An order of dismissal, upon stipulation, dispositive motion, or default, is decided by the panel hearing the case. If the order disposes of the entire case, it is a final order for the purposes of appeal.[Statutory Authority: RCW 36.70A.270(7). WSR 11-13-109, § 242-03-700, filed …

(1) When a party to a proceeding has, after proper notice, failed to attend a hearing or any other matter before the board or presiding officer, or failed to file a prehearing brief, a motion for default or dismissal may be brought by any party to the case or raised by the board …

(1) Any action shall be dismissed by the board:(a) Upon petitioner's withdrawal of the petition for review before entry of a final decision and order; or(b) Upon stipulation for dismissal by petitioner(s) and respondent(s).(2) Any action may be dismissed by the board:(a) Upon mot…

Unless requested by or authorized by the board, no post hearing evidence, documents, briefs, or motions will be accepted.[Statutory Authority: RCW 36.70A.270(7). WSR 11-13-109, § 242-03-800, filed 6/21/11, effective 7/22/11.]

Upon request of the board or presiding officer, findings, conclusions and orders shall be prepared by the parties. The board or presiding officer may adopt, in whole or in part, the parties' findings, conclusions and orders or the board may prepare its own findings, conclusions a…

(1) When the hearing on the petition for review has been held and the record reviewed by a majority of the panel hearing the matter, a written final decision and order shall be issued that contains appropriate findings and conclusions, and articulates the basis for the final deci…

(1) In its final decision and order, the board shall either:(a) Find that the state agency, county or city is in compliance with the requirements of chapter 36.70A RCW, chapter 90.58 RCW as it relates to the adoption, denial or amendment of shoreline master programs, or chapter 4…

(1) After issuance of a final decision any party may file a motion for reconsideration with the board in accordance with subsection (2) of this section. Such motion must be filed and served within ten days of service of the final decision. Within ten days of filing the motion for…

Where the board's order makes a finding of noncompliance and enters a schedule for the responding jurisdiction to achieve compliance, the respondent may file a motion for reconsideration requesting modification of the compliance schedule upon a showing of special complexity, spec…

Where the board's final decision and order makes a determination of invalidity, and the city or county subject to the order has not yet enacted legislation in response to the board's order, the city or county may file a motion to clarify, modify or rescind invalidity. The motion …

The board pursuant to RCW 34.05.550(1) may stay the effectiveness of a final order upon motion for stay.A stay may be granted if the presiding officer or board finds:(1) An appeal is pending in court, the outcome of which may render the city or county compliance efforts futile or…

Copies of all final decisions and orders are available from the environmental and land use hearings office at eluho.wa.gov. The board posts final orders, compliance orders, and other decisions on the CMS and maintains a digest of its decisions by region.[Statutory Authority: RCW …

The following shall be the policy of the board with regard to transcription of the record of a hearing on the merits or other hearing:(1) The board, in its discretion, may at any time cause a transcript to be printed. Any person may obtain a copy upon payment of the reasonable co…

(1) In those cases where the board, in a final order, has made a determination of noncompliance pursuant to RCW 36.70A.300 (3)(b), the board shall remand the matter to the affected state agency, county, or city.(2) The board's final decision and order shall specify a reasonable t…

When a city or county has taken legislative action to comply with all or part of the board's order prior to the expiration of the time set for compliance, the city or county may file a motion requesting an expedited compliance hearing. The department of ecology may request an exp…

On or before the date indicated in the compliance schedule, the city, county or state agency subject to an order of noncompliance shall file a brief indicating the legislation adopted or other action taken to comply with the board's order. A copy of the legislation or relevant po…

(1) A person with standing to challenge legislation or other action taken in response to the board's order may petition the board to be allowed to participate at the compliance hearing. The compliance participant shall file a motion to participate by the date indicated in the com…

(1) The procedures at the compliance hearing shall be as set forth by the presiding officer. The matter shall be heard and decided by the same panel that entered the final decision and order, if reasonably available.(2) The evidence in a compliance hearing shall consist of the ex…

If a county, city, or state agency subject to a determination of invalidity has taken action amending the invalidated plan, regulation or part thereof, the county, city, or state agency may move for a hearing to modify or rescind invalidity. Pursuant to RCW 36.70A.302(7), the boa…

If the board finds that the county, city, or state agency continues to be in noncompliance with the act, the board shall transmit its findings to the governor. The board may recommend that sanctions authorized by the act be imposed or, in the alternative, refer the matter to the …

(1) Any party aggrieved by a final decision of the board may appeal the decision to superior court as provided in RCW 34.05.514 and 34.05.542 or 36.01.050 within thirty days of service of the final decision of the board.(2) The petition for review of a final decision of the board…

(1) The board's record on appeal includes all documents served on the parties by the board for that numbered case plus all documents submitted to the board for that numbered case, including any compliance proceedings. For a consolidated case, the record also includes all such doc…

Within forty-five days of receipt of a reviewing court's mandate remanding a decision of the board, or final remand order in the case of a superior court decision, the presiding officer will convene a conference of the parties as necessary to determine the procedures required to …

The purpose of this chapter is to comply with and implement RCW 43.21C.120 directing every state agency to adopt rules pertaining to the integration of the policies and procedures of the State Environmental Policy Act into the various programs under their jurisdiction for impleme…

The boards, both individually and collectively, have reviewed their authorized activities pursuant to WAC 197-11-800(12) and found them to be exempt under the provisions of chapter 197-11 WAC.[Statutory Authority: RCW 36.70A.270(6). WSR 92-21-034, § 242-06-020, filed 10/15/92, ef…

The purpose of this chapter is to ensure compliance by the Washington health care policy board with the provisions of chapters 42.17 and 34.05 RCW of the Revised Code of Washington (RCW).[Statutory Authority: RCW 42.17.250. WSR 95-23-058, § 243-01-010, filed 11/15/95, effective 1…

(1) "Board" means the Washington health care policy board and also refers to employees of the board.(2) "Public record" means any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, u…

Theboard is a public agency which exercises essential government functions. The board consists of five full-time members appointed by the governor; two members of the state senate and two members of the state house of representatives. One member is designated by the governor as c…

(1) Uniform procedure rules: The board's practices and procedures are governed by the Uniform Procedure Rules codified in WAC 1-08-005 through 1-08-590, as now or hereafter amended. The board adopts these rules as its own, subject to any additional rules the board may add from ti…

The board has reviewed its authorized activities and has found them to be exempt pursuant to chapter 43.21C RCW.[Statutory Authority: RCW 42.17.250. WSR 95-23-058, § 243-01-050, filed 11/15/95, effective 12/16/95.]

All public records of the board are deemed to be available for public inspection and copying at the board's administrative office pursuant to these rules, except as otherwise provided by RCW 42.17.310 and other laws.[Statutory Authority: RCW 42.17.250. WSR 95-23-058, § 243-01-060…

The board's public records shall be under the charge of the public records officer designated by the board chair. The person so designated shall be responsible for implementing these rules and regulations regarding the release of public records, and generally for ensuring complia…

Public records shall be available for inspection and copying at the board's administrative office, from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Mondays through Fridays, excluding legal holidays.[Statutory Authority: RCW 42.17.250. WSR 95-23-058, § 243-01-080, filed 11/…

In accordance with the provisions of chapter 42.17 RCW requiring agencies to prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records of the board ma…

Within five business days of receiving a public records request, the board must respond by either:(1) Providing the records;(2) Denying the public records request; or(3) Acknowledging that the board has received the request and providing a reasonable estimate of the time the boar…

No fee shall be charged for the inspection of public records. The board shall charge fifteen cents per page for providing copies or duplications of public records, and for use of the board's photocopy equipment. The charge is the amount necessary to reimburse the board for its ac…

(1) The commission reserves the right to determine that a public record requested in accordance with the procedures outlined in this chapter is exempt under the provisions of RCW 42.17.310, including, but limited to, the following:(a) Personal information in files maintained for …

Any person who objects to a denial of a public records request or who objects to the reasonableness of the estimate of the time the board requires to respond to a public records request, shall petition the superior court in the county in which the record is maintained under the p…

In order to protect the public records in the custody of the board, the following guidelines shall be followed by any person inspecting such public records:(1) No public records shall be removed from the board's administrative office;(2) Inspection of any public records shall be …

(1) The board shall make available to all persons a current index which provides identifying information for records which have been issued, adopted, or promulgated, as follows:(a) Those statements of policy and interpretations of policy, statute, and the constitution which have …

These rules are promulgated pursuant to the statutory authority contained in chapter 15.74 RCW.[Statutory Authority: 1991 c 67. WSR 91-14-055, § 244-12-010, filed 6/27/91, effective 7/1/91.]

The purpose of this commission is to promote the general welfare of the state by assisting in the retention, expansion, and attraction of hardwood-related industries in the state of Washington. This shall be accomplished in the following manner:(1) Create a climate for developmen…

For the purpose of this order:(1) "Person" means any person, firm, association, or corporation.(2) "Affected processor" means a person who processes hardwood logs of any species into (a) lumber, and/or construction timbers regardless of size, manufactured to standard specificatio…

(1) Administration. The provisions of this order shall be administered and enforced by this commission.(2) Commission membership. The commission shall consist of seven members.(3) Commission membership qualifications. The members of the commission shall be members of the hardwood…

(1) To provide for permanent funding of the Washington hardwoods commission, agricultural commodity assessments shall be levied by the commission on processors of hardwoods.An assessment is hereby levied on hardwood processors operating within the state of Washington. The assessm…

(1) Effective July 1, 1993, each affected processor, and each person who has been an affected processor during one or more of the preceding four quarters, shall, on a quarterly basis, complete and submit to the commission a hardwood processors quarterly assessment report form, as…