Last Update: 1/14/15

Chapter 371-08 WAC

PRACTICE AND PROCEDURE

WAC Sections

PART A
GENERAL
Purpose of this chapter and applicability of the board's rules of practice and the civil rules of procedure and the rules of evidence.
Definitions.
Livestock nutrient management program (LNMP).
Computation of time.
PART B
BOARD ADMINISTRATION AND JURISDICTION
Membership, function and jurisdiction.
Board office hours and contact information.
Public information about practice before the board and public records.
Board decision making on appeals.
PART C
FILING AN APPEAL WITH THE BOARD AND SERVICE
Filing a timely appeal with the board.
Contents of notice of appeal.
Service of the notice of appeal on the agency and other interested parties.
Service of documents on representatives.
Petitions for declaratory ruling.
Petitions for rule making.
PART D
APPEARANCE AND PRACTICE BEFORE THE BOARD
Persons who may appear before the board.
Procedure for representing a party before the board.
Withdrawal or substitution of representatives.
Conduct before the board by representatives.
Parties not represented by legal counsel—Waiver of rules to prevent manifest injustice.
Presiding officer—Powers and duties.
Mediation.
Subpoenas.
PART E
PREHEARING PRACTICE
Jurisdictional requirements of the board—Dismissal on jurisdictional grounds.
Correction or amendment of notice.
Stays.
Intervention.
Joinder of parties.
Scheduling letter.
Prehearing conferences.
Settlement and mediation agreements.
Use of telephone conferences, motion hearings and hearings.
Motions.
Setting primary and secondary hearing dates.
Postponements or continuances of hearings.
Dismissal, default or withdrawal of the appeal.
PART F
HEARINGS
Hearing briefs.
Procedures at hearings.
Additional evidence by presiding officer.
Standard and scope of review and burden of proof at hearings.
Provision of interpreters and of reasonable accommodations to individuals with special needs.
Rules of evidence—Admissibility criteria.
Rules of evidence—Official notice—Matters of law.
Rules of evidence—Official notice—Material facts.
Rules of evidence—Tentative admission—Exclusion—Discontinuance—Objections.
PART G
DECISIONS BY THE BOARD AFTER HEARING
Contents of the record.
Preparation of transcripts.
Preparation of findings, conclusions and orders.
Final decisions and orders.
Review of permits under the National Pollutant Discharge Elimination System.
Review of permits issued under chapter 173-303 WAC.
Petitions for reconsideration.
PART H
APPEALS FROM BOARD DECISIONS
Time for filing petitions for review to superior court.
Direct review to the court of appeals upon certification by the board.
Certification of record.
PART I
SEPA REVIEW OF BOARD ACTIVITIES
Applicability of SEPA guidelines.
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