Washington Administrative Code

The council shall provide the potential applicant an estimate of the full cost needed to complete the study including costs for consultants, council staff, council members, and other such expenses that are deemed reasonable by the council. In no event shall the study be allowed t…

During the potential site study, the council may hold a public information meeting in the county or counties within whose boundaries the site of the proposed energy facility is located, or as close to the proposed site as practicable. The council shall publish notice of the meeti…

This chapter sets forth the procedures to be followed in the conduct of an informational public hearing pursuant to RCW 80.50.090(1) and as described in WAC 463-26-025, and the public land use hearing held pursuant to RCW 80.50.090(2).[Statutory Authority: RCW 80.50.040(1). WSR 2…

Before conducting either the informational public hearing under RCW 80.50.090(1) or the public land use hearing under RCW 80.50.090(2), the council will notify the legislative authority in each county, city, and port district within whose boundaries the site of the proposed energ…

The council shall conduct at least one informational public hearing concerning each application. At this hearing, the council will present the general procedure to be followed in processing the application including a tentative sequence of council actions, the rights and methods …

The council shall invite the counsel for the environment to be present at the informational public hearing. Counsel for the environment shall be introduced and afforded an opportunity to explain their statutory duties under chapter 80.50 RCW.[Statutory Authority: RCW 80.50.040(1)…

At the commencement of the public land use hearing, the council shall explain that the purpose of the hearing under RCW 80.50.090(2) is to determine whether at the time of application the proposed facility was consistent and in compliance with land use plans and zoning ordinances…

At the outset of the public land use hearing, the council shall publicly announce that opportunity for testimony by anyone shall be allowed relative to the consistency and compliance with land use plans and zoning ordinances.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 0…

This rule contemplates that applicants will enter as exhibits, at the land use hearing, certificates from local authorities attesting to the fact that the proposal is consistent and in compliance with land use plans and zoning ordinances. In cases where this is done, such certifi…

In cases where no certificates relating to land use plans and zoning ordinances are presented to the council, then the applicant and local authorities shall address compliance or noncompliance with land use plans or zoning ordinances.[Statutory Authority: RCW 80.50.040 (1) and (1…

The council shall make a determination as to whether the proposed site is consistent and in compliance with land use plans and zoning ordinances pursuant to RCW 80.50.090(2).[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-26-110, filed 10/11/04, effective 1…

This chapter sets forth procedures to be followed by the council in determining whether to recommend to the governor that the state preempt land use plans, zoning ordinances, or other development regulations for a project or portions of a project for energy facilities included un…

The authority of the council is contained in RCW 80.50.040(1) and 80.50.110(2) which provides that the state preempts the regulation and certification of the location, construction, and operational conditions of certification of the energy facilities included under RCW 80.50.060 …

(1) Should the council determine under WAC 463-26-110 a project or any portions of a project is inconsistent, it will schedule an adjudicative proceeding under chapter 463-30 WAC to consider preemption.(2) The proceeding for preemption may be combined or scheduled concurrent with…

If the council approves the request for preemption, it shall include conditions in the draft certification agreement to protect state, local governmental, or community interests, or overburdened communities as defined in RCW 70A.20.010 affected by the construction or operation of…

The council's determination on a request for preemption shall be part of its recommendation to the governor pursuant to RCW 80.50.100.[Statutory Authority: RCW 80.50.040(1). WSR 07-21-035, § 463-28-080, filed 10/9/07, effective 11/9/07. Statutory Authority: RCW 80.50.040. WSR 91-…

The purpose of this chapter is to set forth procedures by which adjudicative proceedings are to be conducted before the council under chapter 34.05 RCW. Except as indicated herein, the uniform procedural rules set forth in chapter 10-08 WAC shall not apply to adjudicative proceed…

The council is the presiding officer at adjudicative proceedings pursuant to chapters 34.05 and 80.50 RCW. The council may utilize an administrative law judge provided by the office of administrative hearings to facilitate conduct of administrative hearings and all matters relate…

All state agencies and local governments having members on the council are deemed to be parties to any adjudicative proceeding before the council. For purposes of any adjudicative proceeding, however, the agency or local government representative on the council shall be deemed to…

The terms "person" and "party" when used in this chapter shall have the following meanings. The term "person" shall be defined according to RCW 80.50.020(19). The term "party" shall mean and be limited to the following:(1) The "applicant" as defined in RCW 80.50.020(2).(2) Each "…

Adjudicative proceedings shall commence upon issuance of a formal notice of hearing or prehearing conference. The notice shall be served upon all parties at least 20 days in advance of the initial hearing date, unless the council finds that an emergency exists requiring the heari…

Provisions in WAC 10-08-040 (2) and (3)(c), 10-08-045, 10-08-150, and 10-08-160(2) relating to procedures involving limited English-speaking or hearing impaired persons are incorporated in these rules by this reference.[Statutory Authority: RCW 80.50.040. WSR 90-05-018, § 463-30-…

Upon the filing of an application for certification, the council shall prepare an appropriate statement for dissemination to the news media which shall: (1) Describe all actions taken to date regarding the proposed project, and (2) state clearly that any person may be allowed to …

On timely application in writing to the council, intervention shall be allowed to any person upon whom a statute confers a right to intervene and, in the discretion of the council, to any person having an interest in the subject matter and whose ability to protect such interest m…

In general, it is the policy of the council to allow any intervenor broad procedural latitude. To the extent that the council determines that numerous intervenors might unduly delay the proceedings or prejudice the rights of existing parties, intervenor status may be conditioned …

In any adjudicative site certification proceeding, designated council members representing local jurisdictions may discuss and, if authorized, vote only on issues affecting their jurisdictions. Issues shall be separated for purposes of discussion and voting.[Statutory Authority: …

(1) General. In all proceedings in which pleadings are filed and a hearing is held involving the taking of testimony on a record subject to review by the courts, the following persons may appear in a representative capacity:(a) Attorneys at law duly qualified and entitled to prac…

(1) Format.(a) All pleadings, motions, and other documents (including prefiled testimony) filed with the council shall be legibly written or printed. The use of letter size paper (8 1/2 by 11 inches) is mandatory. The writing or printing shall appear on two sides of the page.(b) …

Discovery is available when permitted by the presiding officer and shall be conducted in accordance with RCW 34.05.446.[Statutory Authority: RCW 80.50.040. WSR 90-05-018, § 463-30-190, filed 2/13/90, effective 3/16/90; Order 109, § 463-30-190, filed 11/16/76.]

(1) Subpoenas shall be issued and enforced, and witness fees paid, as provided in RCW 34.05.446.(2) Every subpoena shall identify the party causing issuance of the subpoena and shall state the name of the agency and the title of the proceeding and shall command the person to whom…

(1) Upon written or oral motion, the council may officially notice:(a) Any judicially cognizable facts;(b) Technical or scientific facts within the council's specialized knowledge; and(c) Codes or standards that have been adopted by an agency of the United States, of this state o…

WAC 463-30-230 shall not be construed to preclude the council from utilizing its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it.[Statutory Authority: RCW 80.50.040. WSR 90-05-018, § 463-30-240, filed 2/13/90, effectiv…

A stipulation is an agreement among parties intended to establish one or more operative facts in an adjudicative proceeding. The council encourages parties to enter stipulations of fact. The parties to an adjudicative proceeding before the council may agree to all of the facts or…

The council supports parties' informal efforts to resolve disputes when doing so is lawful and consistent with the public interest. Alternative dispute resolution (ADR) includes any mechanism to resolve disagreements, in whole or in part.(1) Forms of ADR. Parties may agree to neg…

A settlement is an agreement among two or more parties. Applicants, member agencies, and the counsel for the environment may enter into a settlement concerning any matter. Intervenors may enter into a settlement agreement subject to any limits and conditions specified in the coun…

The council must have a reasonable opportunity to hear parties' views on why a proposed settlement should be approved and adopted, to ask questions of the parties, and to conduct its processes in an orderly fashion. Parties must, therefore, consider the timing and the content of …

The council will not delegate to parties the power to make decisions. The council retains the right to exercise its authority in every adjudicative proceeding to consider any proposed settlement or other agreement of the parties. The council may decide whether or not to consider …

(1) The council upon its own motion or upon request of a party may direct the parties or their representatives to engage in a prehearing conference or conferences to consider:(a) Simplification of issues;(b) The necessity or desirability of amendments to the pleadings;(c) The pos…

In any adjudicative site certification proceeding the council shall, after consultation with the parties, schedule the hearing process so that the following general subject areas may be heard separately at specified times, to the extent they are in issue:(1) The description of th…

(1) All rulings upon objections to the admissibility of evidence shall be made in accordance with the provisions of RCW 34.05.452.(2) Where practicable, the presiding officer may order:(a) That all documentary evidence which is to be offered during the hearing or portions of the …

Every recommendation to the governor shall:(1) Be correctly captioned to identify the council and name of the proceeding;(2) Identify all parties and representatives participating in the proceeding;(3) Include a concise statement on the nature and background of the proceeding;(4)…

A petition for reconsideration of a recommendation to the governor shall be filed with the council director.(1) The petition for reconsideration shall be filed with the council within 20 days of the date of service of the recommendation to the governor, unless a different place a…

Upon the adoption by the council of its recommendations as to the approval or disapproval of an application for certification, the council shall forward such recommendations to the governor.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-30-345, filed 10/11…

This chapter sets forth procedures to be followed in petitions for rule making and for declaratory orders pursuant to chapter 34.05 RCW.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-34-010, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.5…

(1) Petitions for adoption, amendment, or repeal of a rule may be filed pursuant to RCW 34.05.330 and shall include the information required by WAC 82-05-020. In addition, petitioners are encouraged to include the information identified in WAC 82-050-020 (1)(c) and (2).(2) Petiti…

(1) In accordance with WAC 82-05-040, within a reasonable time of receipt of a petition for rule making, the council will send the petitioner an acknowledgment of receipt of the petition and the name and telephone number of the council’s contact person.(2) Each petition for the a…

In accordance with RCW 34.05.330 and WAC 82-05-040, within 60 days after receipt of the petition, the council shall either initiate rule-making proceedings or deny the petition in writing, stating its reasons for the denial and specifically addressing the concerns stated in the p…