WSR 11-13-111 PERMANENT RULES
GROWTH MANAGEMENT HEARINGS BOARD
[ Filed June 21, 2011, 11:19 a.m. , effective July 22, 2011 ] Effective Date of Rule: Thirty-one days after filing.
Purpose: RCW 36.70A.270(7) authorizes the board to develop and adopt rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals. In 1992, the then-existing three growth management hearings boards adopted joint rules. These rules have been minimally amended since that time. Therefore, the board has conducted, in conjunction with interested parties, a comprehensive evaluation of its rules and made extensive modifications. Due to the wide-ranging nature of the modifications, the board's existing rules, chapter 242-02 WAC, are repealed in their entirety and replaced with new rules, chapter 242-03 WAC (see notice published in WSR 11-05-087 for new rules text).
Citation of Existing Rules Affected by this Order: Repealing chapter 242-02 WAC.
Statutory Authority for Adoption: RCW 36.70A.270(7).
Adopted under notice filed as WSR 11-05-086 (CR-102) on February 15, 2011 and WSR 10-15-001 (CR-101) on July 7, 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 87.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 87.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 87; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 7, 2011.
James J. McNamara
Chair, Rules Committee
OTS-3889.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:WAC 242-02-010 Organization. WAC 242-02-015 Regional panels. WAC 242-02-020 Function -- Local deference. WAC 242-02-030 Jurisdiction. WAC 242-02-040 Definitions. WAC 242-02-050 Rules. WAC 242-02-052 Petition for rule making. WAC 242-02-054 Petition for rule making -- Consideration and disposition. WAC 242-02-060 Computation of time. WAC 242-02-070 Quorum. WAC 242-02-072 Board office. WAC 242-02-074 Regular meetings. WAC 242-02-075 Special meeting. WAC 242-02-076 Annual and semiannual board meetings. WAC 242-02-080 Form and size of documents. WAC 242-02-090 Case numbering. WAC 242-02-110 Appearance and practice before the board -- Who may appear. WAC 242-02-115 Authorized representatives. WAC 242-02-120 Rules of professional conduct. WAC 242-02-130 Ex parte communication. WAC 242-02-140 Signing of pleadings, motions, and legal memoranda. WAC 242-02-150 Teleconference proceeding. WAC 242-02-210 Petition for review -- Forms -- Contents. WAC 242-02-220 Petition for review -- Time for filing. WAC 242-02-230 Petition for review -- Service and filing. WAC 242-02-240 Date of filing -- Facsimile and electronic mail. WAC 242-02-250 Notice of appearance and answer. WAC 242-02-255 Governor certified standing. WAC 242-02-260 Amendments to petitions for review and answers. WAC 242-02-270 Intervention. WAC 242-02-280 Amicus. WAC 242-02-290 Direct review by superior court -- Procedures. WAC 242-02-292 Direct review by superior court -- Agreement of the parties. WAC 242-02-295 Board filing with superior court -- Certificate of agreement. WAC 242-02-310 Service of papers. WAC 242-02-320 Method of service. WAC 242-02-330 Service of papers -- When complete. WAC 242-02-340 Proof of service -- Declaration. WAC 242-02-410 Discovery -- Limitation. WAC 242-02-420 Subpoena -- Issuance. WAC 242-02-510 Notice of hearing -- Setting of time and place. WAC 242-02-520 Record. WAC 242-02-52001 Exhibits. WAC 242-02-52002 Documentary evidence. WAC 242-02-521 Designation of presiding officer. WAC 242-02-522 Presiding officer -- Powers and duties. WAC 242-02-530 Motions -- Requirements. WAC 242-02-532 Motions -- Time for filing and hearing. WAC 242-02-533 Motion to disqualify for cause. WAC 242-02-534 Response to motions. WAC 242-02-540 New or supplemental evidence. WAC 242-02-550 Prehearing conference. WAC 242-02-552 Prehearing conference -- When held. WAC 242-02-556 Prehearing conference -- Failure to supply information. WAC 242-02-558 Prehearing conference -- Agreements. WAC 242-02-560 Settlement extensions -- Continuances. WAC 242-02-570 Briefs. WAC 242-02-580 Stipulation to the facts. WAC 242-02-582 Waiver of parties' appearance. WAC 242-02-610 Hearing -- Testimony under oath -- Interpreters. WAC 242-02-612 Hearing -- Interpreters. WAC 242-02-620 Hearing -- Reporting -- Recording--Recording devices. WAC 242-02-630 Presumption of validity. WAC 242-02-632 Burden of proof. WAC 242-02-634 Standard of proof. WAC 242-02-640 Hearing -- Procedures at hearing. WAC 242-02-650 Rules of evidence -- Admissibility criteria. WAC 242-02-660 Official notice -- Matters of law. WAC 242-02-670 Official notice -- Material facts. WAC 242-02-680 Hearings -- Board questions. WAC 242-02-710 Failure to attend -- Default or dismissal -- Setting aside. WAC 242-02-720 Dismissal of action. WAC 242-02-810 Presentation of post hearing matters. WAC 242-02-830 Final decision and order -- Basis. WAC 242-02-831 Final decision and order -- Compliance, noncompliance, invalidity. WAC 242-02-832 Reconsideration. WAC 242-02-833 Invalidity -- Hearing pursuant to motion to clarify, modify or rescind. WAC 242-02-834 Publication of final decision and orders. WAC 242-02-880 Transcripts. WAC 242-02-890 Determination of noncompliance -- Compliance schedule. WAC 242-02-891 Compliance -- Notice of hearing. WAC 242-02-89201 Intent to participate in compliance hearings. WAC 242-02-893 Compliance -- Hearing. WAC 242-02-894 Compliance -- Hearing pursuant to motion -- Rescinding invalidity. WAC 242-02-896 Continued noncompliance -- Recommendation to the governor. WAC 242-02-898 Appeals of a board's final decision. WAC 242-02-899 Record on review.
