Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.21B.001 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Business days" means Monday through Friday exclusive of any state or federal holiday.(2) "Date of receipt" means:(a) Five business days after the date of mailing; or(b…
RCW 43.21B.005 Environmental and land use hearings office created—Composition—Administrative appeals judges—Contracts for services—Public access to rulings, decisions, and orders.
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(1) There is created an environmental and land use hearings office of the state of Washington. The environmental and land use hearings office consists of the pollution control hearings board created in RCW 43.21B.010, the shorelines hearings board created in RCW 90.58.170, and th…
RCW 43.21B.010 Pollution control hearings board created—Purpose.
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There is hereby created within the environmental and land use hearings office a pollution control hearings board of the state of Washington.The purpose of the pollution control hearings board is to provide for a more expeditious and efficient disposition of designated environment…
RCW 43.21B.020 Members—Qualifications—Appointment.
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The hearings board shall consist of three members qualified by experience or training in pertinent matters pertaining to the environment, and at least one member of the hearings board shall have been admitted to practice law in this state and engaged in the legal profession at th…
RCW 43.21B.030 Members—Terms—Filling vacancies, term.
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Members of the hearings board shall be appointed for a term of six years and until their successors are appointed and have qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs: PROVID…
RCW 43.21B.040 Removal of member, procedure—As disqualification for reappointment.
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Any member of the hearings board may be removed for inefficiency, malfeasance and misfeasance in office, under specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief ju…
RCW 43.21B.050 Governor to determine basis for operation—Compensation if part-time basis, limitation—Reimbursement of travel expenses.
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The hearings board shall operate on either a part-time or a full-time basis, as determined by the governor. If it is determined that the hearings board shall operate on a full-time basis, each member of the hearings board shall receive an annual salary to be determined by the gov…
RCW 43.21B.060 Restrictions upon conduct while member and upon termination of membership.
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Each member of the hearings board: (1) Shall not be a candidate for nor hold any other public office or trust, and shall not engage in any occupation or business interfering with or inconsistent with his or her duty as a member of the hearings board, nor shall he or she serve on …
RCW 43.21B.080 Chair, biennial election of.
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The hearings board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chair, and shall at least biennially thereafter meet and elect such a chair.[ 2009 c 549 s 5094; 1970 ex.s. c 62 s 38.]
RCW 43.21B.090 Principal office—Quorum—Hearings—Board powers and duties.
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*** CHANGE IN 2026 *** (SEE 2426.SL) ***The principal office of the hearings board shall be at the state capitol, but it may sit or hold hearings at any other place in the state. A majority of the hearings board shall constitute a quorum for making orders or decisions, promulgati…
RCW 43.21B.100 Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information.
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The hearings board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decisions shall be effective upon being signed by two or more members of the hearings board and upon being filed at the hearings board's principal offic…
RCW 43.21B.110 Pollution control hearings board jurisdiction.
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(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health d…
RCW 43.21B.130 Administrative procedure act to apply to appeal of board rules and regulations—Scope of board action on decisions and orders of others.
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The administrative procedure act, chapter 34.05 RCW, shall apply to the appeal of rules and regulations adopted by the board to the same extent as it applied to the review of rules and regulations adopted by the directors and/or boards or commissions of the various departments wh…
RCW 43.21B.160 Appeals—Generally.
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In all appeals, the hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the Administrative Procedure Act. The hearings board, and each member thereof, shall be …
RCW 43.21B.170 Proceedings conducted in accordance with published board rules and regulations.
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All proceedings before the hearings board or any of its members shall be conducted in accordance with such rules of practice and procedure as the hearings board may prescribe. The hearings board shall publish such rules and arrange for the reasonable distribution thereof.[ 1995 c…
RCW 43.21B.175 Mediation.
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In all appeals, upon request of one or more parties and with the consent of all parties, the environmental hearings boards may schedule a conference for the purpose of attempting to mediate the case. Mediation must be conducted by an administrative appeals judge or other duly aut…
RCW 43.21B.180 Judicial review—Right of review of decisions pursuant to RCW 43.21B.110.
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Any party aggrieved by a final decision and order of the pollution control hearings board may obtain judicial review of the final decision and order as provided in RCW 34.05.510 through 34.05.598. The state or local agency that issued the decision appealed to the board shall have…
RCW 43.21B.230 Appeals of agency actions.
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(1) Unless otherwise provided by law, any person with standing may commence an appeal to the pollution control hearings board by filing a notice of appeal with the board within thirty days from the date of receipt of the decision being appealed.(2) The appeal is timely if it is f…
RCW 43.21B.240 Department—Air authorities—Adjudicative proceedings, may not conduct.
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The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act, chapter 34.05 RCW. Such hearings shall be held by the pollution control hearings board.[ 1989 c 175 s 105; 1987 c 109 s 9; 1970 ex.s. c 62 s …
RCW 43.21B.250 Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.
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(1) All challenges in regard to the consistency of the rules adopted pursuant to RCW 43.21C.120 and with the rules and guidelines adopted pursuant to RCW 43.21C.110 shall be initiated by filing a petition for review with the pollution control hearings board in accordance with rul…
RCW 43.21B.260 Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.
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Activated air pollution control authorities, established under chapter 70A.15 RCW, may file certified copies of their regulations and amendments thereto with the pollution control hearings board of the state of Washington, and the hearings board shall take judicial note of the co…
RCW 43.21B.300 Penalty procedures.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 70A.455.090, 70A.500…
RCW 43.21B.305 Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.
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(1) In an appeal that involves a penalty of fifteen thousand dollars or less or that involves a derelict or abandoned vessel under RCW 79.100.120, the appeal may be heard by one member of the board, whose decision shall be the final decision of the board. The board shall define b…
RCW 43.21B.310 Appeal of orders.
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(1) The issuing agency in its discretion may stay the effectiveness of any order that has been appealed to the board during the pendency of such an appeal.(2) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21…
RCW 43.21B.320 Stays of orders.
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(1) A person appealing to the hearings board an order, not stayed by the issuing agency, may obtain a stay of the effectiveness of that order only as set forth in this section.(2) An appealing party may request a stay by including such a request in the appeal document, in a subse…
RCW 43.21B.330 Summary procedures.
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The hearings board shall develop procedures for summary procedures, consistent with the rules of civil procedure for superior court on summary judgment, to decide cases before it. Such procedures may include provisions for determinations without an oral hearing or hearing by tele…
RCW 43.21B.340 Clean energy projects—Consolidated appeals.
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(1) Where multiple permits for the same underlying clean energy project, as defined in RCW 43.158.010, are appealed to one or more of the environmental boards, as identified in RCW 43.21B.005, the presiding officer shall consolidate the appeals for hearing when one or more of the…
RCW 43.21B.900 Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.
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See notes following RCW 43.21A.010.