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Chapter 461-08 WAC

Last Update: 1/14/15

PRACTICE AND PROCEDUREREVIEW OF THE GRANTING, DENYING OR RESCINDING OF SUBSTANTIAL DEVELOPMENT PERMITSHEARINGS

WAC Sections

PART A
GENERAL
Purpose of this chapter and applicability of the board's rules of practice to the civil rules of procedure and the rules of evidence.
Definitions.
Computation of time.
PART B
BOARD ADMINISTRATION AND JURISDICTION
Board 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
Types of petitions before the board.
Where to file a petition for review and number of copies.
Deadline for filing petition for review of permitting decisions by the department or attorney general.
Contents of the petition for review.
Service of petitions for review with department and attorney generalIntervention by the department and attorney general.
Board decision making on petitions for review of department rules and regulations.
Board decision making on petitions for declaratory ruling.
Board decision making on petitions for rule making.
Board decision making on department of ecology petitions for rescission of permits.
PART D
APPEARANCE AND PRACTICE BEFORE THE BOARD
Persons who may appear before the board.
Appearance by representative.
Withdrawal or substitution of representatives.
Conduct before the board by representatives.
Parties not represented by legal counselWaiver of rules to prevent manifest injustice.
Presiding officer duties and powers.
Mediation.
Subpoenas.
PART E
PREHEARING PRACTICE
Dismissal of petitions for review on jurisdictional grounds.
Correction or amendment of notice.
Intervention.
Joinder of parties.
Answers to petitions for review.
Prehearing scheduling letters.
Prehearing conferences.
Prehearing orders.
Settlement and mediation agreements.
Use of telephone conferences, motion hearings and hearings.
Motions.
Postponements and continuances of hearings.
Dismissal, default or withdrawal of appeal.
PART F
HEARINGS
Hearing briefs.
Procedures at hearings.
Scope and standard of review and burden of proof.
Legal criteria.
Provision of interpreters and of reasonable accommodations to individuals with special needs.
Rules of evidenceAdmissibility criteria.
Rules of evidenceOfficial noticeMatters of law.
Rules of evidenceOfficial noticeMaterial facts.
Presentation of additional evidence by presiding officer.
Rules of evidenceTentative admissionExclusionDiscontinuanceObjections.
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.
Deadline for the board to issue final decision on petitions for review of permitting decisions. Waivers and extensions of deadline.
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 based upon an accepted certificate of appealability by the board.
Certification of record.
PART I
APPLICABILITY OF SEPA
Applicability of SEPA guidelines.