PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Amendments to WAC 259-04-010 Membership -- Function and jurisdiction of the hydraulic appeals board, 259-04-050 Board administration -- Communications with the board, and 259-04-070 Authority.
Purpose: The purpose of the amendments is to remove and replace references to statutes that have been repealed and replaced with other statutes. The amendments also correct outdated references to the Department of Fisheries and the Department of Wildlife since those agencies have been combined into one agency, the Department of Fish and Wildlife. Lastly, the proposed amendments simplify the rules to be more reader friendly.
Statutory Authority for Adoption: RCW 77.55.170(3).
Statute Being Implemented: Chapter 77.55 RCW.
Summary: The Hydraulic Appeals Board originally derived its authority from RCW 75.20.130. However, that statute has since been repealed and replaced with RCW 77.55.170 as has much of the remaining hydraulics code. The amendment cleans up the antiquated statutory reference to replace repealed statutes with current law. The amendments also correct outdated references to the Department of Fisheries and the Department of Wildlife since those agencies have been combined into one agency, the Department of Fish and Wildlife. Lastly, the proposed amendments simplify the rules to be more reader friendly.
Reasons Supporting Proposal: The amendments are necessary to avoid confusion since the rule currently references repealed statutes and agencies that do not exist.
Name of Agency Personnel Responsible for Drafting: Deborah L. Mull, Environmental Hearings Office, (360) 459-6327; Implementation and Enforcement: Robert V. Jensen, Environmental Hearings Office, (360) 459-6327.
Name of Proponent: Hydraulic Appeals Board, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The Hydraulic Appeals Board originally derived its authority from RCW 75.20.130. However, that statute has since been repealed and replaced with RCW 77.55.170 as has much of the hydraulics code. The amendments merely clean up the antiquated statutory references to replace repealed statutes with current law. The amendments also correct outdated references to the Department of Fisheries and the Department of Wildlife since those agencies have been combined into one agency, the Department of Fish and Wildlife. Lastly, the proposed amendments simplify the rules to be more reader friendly. It is anticipated that the changes will avoid future confusion by litigants that appear before the board.
Proposal Changes the Following Existing Rules: The Hydraulic Appeals Board originally derived its authority from RCW 75.20.130. However, that statute has since been repealed and replaced with RCW 77.55.170 as has much of the hydraulics code. The amendment of WAC 259-04-010, 259-04-050, and 259-04-070 cleans up the antiquated statutory reference to replace repealed statutes with current law. The amendments also correct outdated references to the Department of Fisheries and the Department of Wildlife since those agencies have been combined into one agency, the Department of Fish and Wildlife. Lastly, the proposed amendments simplify the rules to be more reader friendly.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small economic impact statement is not required for adoption of rules described in RCW 34.05.310(4). The proposed amendment is a rule that is described in RCW 34.05.310 (4)(b)(d) and (e).
RCW 34.05.328 does not apply to this rule adoption. The Hydraulic Appeals Board is not an agency specifically listed in RCW 34.05.328.
Hearing Location: Environmental Hearings Office, 4224 6th Avenue S.E., Lacey, WA, on November 30, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Deborah L. Mull by November 16, 2001.
Submit Written Comments to: Deborah L. Mull, Environmental Hearings Office, P.O. Box 40903, Lacey, WA 98504-0903, fax (360) 438-7699, by December 21, 2001.
Date of Intended Adoption: January 14, 2002.
September 24, 2001
Deborah L. Mull
Administrative Appeals Judge
(2) The function of this board is to provide an expeditious
and efficient disposition of appeals from the decisions and
orders of the department of fisheries and wildlife or the
department of wildlife with respect to hydraulic projects
specified in RCW 77.55.110 75.20.103 and off-site mitigation
plans specified in RCW 77.55.200, RCW 77.55.230, and RCW 77.55.290.
(3) The board shall have exclusive jurisdiction to hear and
decide formal appeals from any person aggrieved by any final
decision issued by the department of fisheries and or department
of wildlife with respect to any approval, denial, conditioning,
or modification of any hydraulic project approval hydraulics
project application as referenced or approval specified in RCW
77.55.110, RCW 77.55.200 and/or 77.55.290 75.20.103 or the denial
of application for the modification of any approval issued
pursuant to that section. The board also has jurisdiction to
hear and decide appeals from any person aggrieved by a denial or
conditioning of an off-site mitigation proposal specified in RCW 77.55.230.
(4) This chapter is intended to be general and informational
only, and failure herein to list matters over which the board has
jurisdiction at law shall not constitute any waiver or withdrawal
whatsoever from such jurisdiction as conferred upon this board by
77.55.170(5) RCW 75.20.103 as currently written or as may be
hereafter amended.
[Statutory Authority: RCW 75.20.130. 89-07-003 (Order 1), § 259-04-010, filed 3/2/89.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 1, filed 3/2/89)
WAC 259-04-050
Board administration -- Communications with
the board.
All written communications by parties pertaining to a
formal appeal with the hydraulic appeals board, including
requests for hearings on claimed violations of rules and
regulations as provided in RCW 75.20.140, notices of appeal from
orders and decisions of the relevant department approving,
denying, conditioning or modifying any hydraulics project
application or approval specified in RCW 75.20.103, or the denial
of any application for the modification of such approval issued
pursuant to that section; and all other applications and requests
for relief authorized by that section shall be filed with the
board at its principal office in Lacey, Washington. Requests for
hearings must be received within thirty days from the date of
issuance of the decision being appealed denial of a hydraulic
project approval, issuance of an approval with contested
conditions, or denial of application for modification of an
approval. Copies of all such written communications shall be
furnished to the department of fish and wildlife relevant
department or other appropriate agency and to all other
interested parties or their representatives of record, and the
original filed with the board shall show thereon compliance with
this requirement.
[Statutory Authority: RCW 75.20.130. 89-07-003 (Order 1), § 259-04-050, filed 3/2/89.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 1, filed 3/2/89)
WAC 259-04-070
Authority.
These rules are promulgated
pursuant to RCW 77.55.170 75.20.130 and are intended to
administratively implement RCW 77.55.110, 77.55.170, 77.55.200,
77.55.230, and 77.55.290 75.20.103, 75.20.130, and 75.20.140.
[Statutory Authority: RCW 75.20.130. 89-07-003 (Order 1), § 259-04-070, filed 3/2/89.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.