Washington Administrative Code

(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…

(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 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…

(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 disposi…

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 i…

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 t…

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…

(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 th…

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 …

(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 ma…

(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 …

(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 part…

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 fo…

(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. Add…

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. WSR 96-15-002, § 461-08-585, filed 7/3/96, effective 8/3/96.]

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 42.56 RCW.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-06-010, filed 5/22/25, effective 6/22/…

(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 designees of the member agencies listed in RCW 80.50.030. In addition, a voting county representative, a voting city represen…

The council office is currently located at 621 Woodland Square Loop S.E., Lacey, 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 …

(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 (chapter 42.30 RCW), the state Administrative Procedure Act (chapter 34.05 RCW), or other applicable laws. (2) In som…

(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 42.56 RCW and these rules, except as otherwise provided by law.(2) The public may request public records through …

The council's public records officer is the council director, or designee, who is responsible for implementation of these and other applicable regulations regarding public records.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-06-070, filed 5/22/25, effective 6/22/2…

Chapter 42.56 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 …

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). WSR 04-21-013, § 463-06-090, filed 10…

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.]

The council will charge to provide copies of public records as provided in this section.(1) Adoption of statutory copying charges. The council has not calculated the actual costs for copying its records because to do so would be unduly burdensome for the following reasons:(a) The…

(1) In accordance with RCW 42.56.520, within five business days of receiving a public records request, the council shall respond by:(a) Providing the records;(b) Providing an internet address and link on the council's website to the specific records requested, except that if the …

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). WSR 04-21-013, § 463-06-150, filed…

The council shall maintain and make available for public inspection an index of those classes of records described in RCW 42.56.070. The index is available for public inspection and copying.(1) Form and content. The index shall be maintained in electronic form with copies availab…

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 a…

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). WSR 04-21-013, § 463-14-010, filed 10/11/04, effecti…

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) Ensuri…

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 R…

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). WSR 25-12-020, s 463-14-040, fil…

Chapter 80.50 RCW operates as a state preemption of all matters relating to the certification of the location, construction, and operational conditions of certification of the energy facilities included under RCW 80.50.060 as now or hereafter amended. Chapter 80.50 RCW certificat…

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). WSR…

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) Evaluat…

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). WSR 04-21-013, § 463-14-100, filed 10/11/04, effective 11/11/04.]

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…

The following procedures shall apply to proceedings under the Open Public Meetings Act, chapter 42.30 RCW, and rule-making proceedings under the Administrative Procedure Act, chapter 34.05 RCW:(1) A majority of the voting council members constitutes a quorum for the conduct of co…

The following requirements apply to those portions of the council's business that fall within the scope of the Open Public Meetings Act, chapter 42.30 RCW:(1) Other than executive sessions, the council's meetings are open to the public.(2) Regular meetings. Because the council do…

Adjudicative proceedings required by RCW 80.50.090(4) shall be governed by the Administrative Procedure Act, chapter 34.05 RCW, and chapter 463-30 WAC.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-18-090, filed 5/22/25, effective 6/22/25. Statutory Authority: RCW 8…

Rule-making proceedings shall be governed by the Administrative Procedure Act, chapters 34.05 RCW and 463-34 WAC.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-18-100, filed 5/22/25, effective 6/22/25. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, …

This chapter sets forth procedures and guidelines for processing potential site studies pursuant to RCW 80.50.175.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-22-010, filed 10/11/04, effective 11/11/04; Order 106, § 463-22-010, filed 11/4/76.]

Requests shall be submitted to the energy facility site evaluation council in writing at the council office, by mail, or by email.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-22-020, filed 5/22/25, effective 6/22/25. Statutory Authority: RCW 80.50.040 (1) and (12)…

An initial fee of $10,000 shall accompany the study request and shall be a condition precedent to any action by the council. Payment shall be deposited into the council's account created in RCW 80.50.390.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-22-030, filed 5…

A request for potential site study is to include a legal description of the proposed site, a general description of the area in which the proposed energy facility is to be located, and a description of the type, size, and significant features of the proposed facility itself. The …

Upon receipt of a request for a potential site study, the council shall commission an independent consultant of its choice to study and report in writing to the council on the potential site. The report of study shall set forth a general analysis of the potential environmental im…