Washington Administrative Code

(1) The crowdfunding exemption under RCW 21.20.880 shall not be available if the issuer; any predecessor of the issuer; any affiliated issuer; any director, executive officer, other officer participating in the offering, general partner, or managing member of the issuer; any bene…

An issuer that has sold securities in reliance on RCW 21.20.880 and has not complied with the annual reporting requirements set forth in WAC 460-99C-180 during the twelve months immediately preceding the filing of the Washington Crowdfunding Form is ineligible to offer securities…

(1) An issuer that has filed or is required to file under the crowdfunding exemption must keep and maintain written or electronic records relating to offers and sales of securities made in reliance on the crowdfunding exemption for at least six years following the termination of …

(1) All advertising directed to or to be furnished to investors in an offering under RCW 21.20.880 shall be filed with the director no later than seven days prior to publication or distribution.(2) The following forms and types of advertising are permitted without the necessity f…

The following fees apply to crowdfunding filings:(1) The fee for filing an initial Washington Crowdfunding Form with the director is six hundred dollars.(2) The renewal filing fee is one hundred dollars.[Statutory Authority: RCW 21.20.450, 21.20.880, 21.20.883, 21.20.886, and 201…

(1) The purpose of chapter 461-08 WAC is to provide rules of practice before the shorelines hearings board (hereinafter "board"). The interpretation of these rules may be guided, where relevant, by the civil rules of superior court (hereinafter "civil rules") and the rules of evi…

The following terms apply throughout this chapter and, unless the context clearly requires otherwise, have the following meanings:(1) "Adjudicative proceeding" means a proceeding involving an opportunity for hearing before the board as defined in RCW 34.05.010. The terms "appeal,…

(1) The time within which any act shall be done, as provided by these rules, is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a legal holiday, or a day when the board is closed for business under WAC 461-08-320(3), and th…

(1) Members. The board is made up of six members. Three members are also members of the pollution control hearings board and are appointed by the governor. A fourth member is appointed by the association of Washington cities and a fifth member is appointed by the Washington state…

(1) The administrative business of the board, except rule making, is performed by the environmental and land use hearings office. To the extent necessary for rule making or other matters, the board will hold meetings at the address set forth below.(2) The information included in …

(1) Questions about practicing before the board may be directed to the environmental and land use hearings office by mail or, during regular office hours, by telephone, by fax, or email.(2) The environmental and land use hearings office maintains a website with information about …

The number of board members required to make a decision on a case differs depending on the type of case.(1) Short-board appeals. Pursuant to RCW 90.58.185, petitions for review that involve a single-family residence or an appurtenance to a single-family residence, including a doc…

The board is empowered to hear and decide the following:(1) Petitions for review of permitting decisions;(2) Petitions for review of penalties imposed under chapter 90.58 RCW;(3) Petitions for review of master programs adopted by jurisdictions that are not planning pursuant to th…

(1) An adjudicative proceeding before the board is initiated by filing a petition for review with the board. A petition shall be filed with the board electronically through the CMS, except as identified in WAC 461-08-381 (3)(e). If a party does not have the technological capacity…

The department or the attorney general may, pursuant to RCW 90.58.180(2), obtain review of any final decision granting a permit, or granting or denying an application for a permit issued by a local government by filing a written petition for review with the board and the appropri…

Petitions for review to the board pursuant to RCW 90.58.180 (1) and (2) shall contain:(1) The name, mailing address, telephone number, fax number (if available), and email address of the appealing party, and of the representative, if any;(2) Identification of the parties, by list…

(1) For a petition pertaining to a local government's final decision on a permit, the petitioner shall serve a copy of the petition with the department, the attorney general and that local government within seven days of filing the petition with the board.(2) Within fifteen days …

(1) Where a petition for review of a department rule or regulation adopted pursuant to chapter 90.58 RCW is filed, the full board shall hold a hearing on the petition, and within sixty days of the final day of hearing, shall issue a decision upholding the validity of the rule, re…

(1) Right to petition for declaratory ruling. As prescribed by RCW 34.05.240, any interested person may petition the board at any time for a declaratory ruling.(2) Quorum. Four members of the board shall constitute a quorum when the board acts on declaratory judgment petitions. F…

(1) Right to petition for rule making regarding rules of the board. As prescribed by RCW 34.05.330, any person may petition the board to promulgate, amend or rescind the board's administrative rules as set forth in this chapter. The provisions of these rules and the Administrativ…

(1) Department authority to petition. The department may petition for the rescission of permits issued by local government pursuant to RCW 90.58.140(8).(2) Form of the petition. A petition for rescission shall comply with the following requirements:(a) The petition shall contain …

(1) Statutory provisions limit or prevent disclosure of certain information provided to the board. This rule addresses how to designate documents as containing exempt or confidential information when filing with the board. WAC 461-08-476 governs access to, and exchange of, such i…

(1) Any person has the right to represent himself or herself in a proceeding before the board.(2) The only persons who are qualified to represent another person or entity before the board are the following:(a) Attorneys at law duly qualified and entitled to practice before the hi…

(1) An attorney or authorized representative as defined in WAC 461-08-385 may appear for a party by either of the following actions:(a) Filing a written notice of appearance, a petition for review or another pleading containing the name of the party to be represented, and the nam…

An attorney or other representative withdrawing from a case shall immediately so notify the board and all parties of record in writing, or shall state such withdrawal for the record at a conference or hearing. Any substitution of an attorney or representative shall be accomplishe…

All persons who are representing parties before the board shall conform to the standards of ethical conduct required of attorneys before the courts of Washington even if the representative is not an attorney. Representatives who, in the opinion of the presiding officer, violate t…

The presiding officer may waive any of these rules, other than a rule relating to jurisdiction, for any party not represented by legal counsel where necessary to avoid manifest injustice.[Statutory Authority: RCW 90.58.175. WSR 96-15-002, § 461-08-405, filed 7/3/96, effective 8/3…

It shall be the duty of the presiding officer to conduct conferences or hearings in cases assigned in an impartial and orderly manner. The presiding officer shall have the authority, subject to the other provisions of these rules:(1) To administer oaths and affirmations.(2) To is…

(1) The presiding officer may consolidate matters when consolidation will:(a) Expedite disposition of the matters;(b) Avoid duplication of testimony; and(c) Not prejudice the rights of the parties.(2) Where multiple permits for the same underlying clean energy project, as defined…

In all appeals, upon request of one or more parties and with the consent of all parties, the board may assign a mediator. The mediator must be an administrative appeals judge or other duly authorized agent of the board who has received training in dispute resolution techniques or…

(1) Issuance. Subpoenas may be issued by any member of the board, the presiding officer assigned to the case or by the attorney of record, as provided in the Administrative Procedure Act. Each subpoena shall be subscribed with the signature of the issuing person. Parties desiring…

(1) Timely filing of the petition for review with the board, and other petitions within the board's jurisdiction under chapter 90.58 RCW, and timely service on the appropriate agencies are required for the board to acquire jurisdiction.(2) Any party may challenge the jurisdiction…

(1) Within thirty days of receipt by the board, if any petition for review is found to be defective or insufficient, the board may require the party filing the petition for review to correct, clarify or amend the same to conform to the requirements of chapter 90.58 RCW and the bo…

(1) The department and the attorney general may intervene by right within fifteen days from the date of receipt of the petition for review by the department or the attorney general pursuant to RCW 90.58.180(1) in any matter set out therein.(2) The presiding officer may grant a pe…

The presiding officer shall order the joinder of the permittee, permitting agency or any other interested person or entity in accordance with civil rule 19. The presiding officer may also permit the joinder of persons who are not necessary to the determination of the appeal in ac…

Respondent(s) may file an answer to a petition for review with the board and serve a copy thereof upon other parties within twenty days of receipt of the petition for review. Answers shall generally conform to the requirements of a petition for review.[Statutory Authority: RCW 90…

(1) Upon receipt of a petition for review which complies with the requirements of these regulations, the board shall promptly issue a scheduling letter which sets the time and location of the hearing.(2) In cases where the presiding officer does not order a prehearing conference,…

(1) The purpose of a prehearing conference is to prepare the case for hearing by scheduling prehearing deadlines and by identifying the issues. At the prehearing conference, the presiding officer will encourage the parties to engage in settlement negotiations as the case proceeds…

Following the prehearing conference the presiding officer shall enter a prehearing order. Normally, this will include a statement of issues, a schedule for filing motions and briefs, as well as other matters which may bear on the preparation for hearing. The issues stated in the …

(1) Where the parties settle an appeal before hearing, the parties shall prepare and submit to the board a request for an order of dismissal, submit that request to the board, and the board shall enter an order and dismiss the case.(2) This section also pertains to settlement agr…

Upon the motion of any party or independently, the presiding officer may decide to conduct any conference, oral argument on a motion, or hearing by telephone conference call or other electronic means to promote the fair, speedy, and economical processing of a matter.[Statutory Au…

(1) An application to the board for an order must be by motion which, unless made during a hearing, must be in writing, state with particularity the grounds therefor and set forth the relief sought. A moving party is not required to submit a proposed order with a motion unless re…

(1) Pursuant to the Administrative Procedure Act, chapter 34.05 RCW, the board may issue a protective order when the board finds that filings will require information designated as confidential or exempt as defined in WAC 461-08-381 to be disclosed. The board on its own initiativ…

(1) Postponement or continuance of a hearing is within the discretion of the presiding officer, whether contested or uncontested by the parties. The board may postpone or continue a hearing on its own motion.(2) A party may seek the postponement or continuance of a hearing by wri…

(1) If a party fails to attend or participate in a hearing or other stage of an adjudicative proceeding, the presiding officer may serve upon all parties a default or other dispositive order which shall include a statement of the grounds for the order. Within seven days after ser…

Hearing briefs, if filed, must be submitted to the board at least seven days before the time of hearing or such other time as directed by the presiding officer. The brief must be filed with the board and served on the other parties or their attorneys. The board may permit or requ…

Hearing exhibits must be formatted and filed in accordance with the board's electronic exhibit requirements, which are available at the ELUHO website at www.eluho.wa.gov.[Statutory Authority: RCW 43.21B.170 and 90.58.175. WSR 25-12-064, s 461-08-491, filed 5/30/25, effective 6/30…