461-08-350  <<  461-08-355 >>   461-08-365

WAC 461-08-355

Service of petitions for review with department and attorney general—Intervention by the department and attorney general.

(1) For a petition pertaining to a local government's final decision on a permit, the petitioner shall serve a copy of the petition with the department, the attorney general and that local government within seven days of filing the petition with the board.
(2) Within fifteen days of the date of receipt of the petition for review described in subsection (1) of this section, the department or the attorney general may intervene in the case before the board to protect the public interest and to insure compliance with chapter 90.58 RCW. Nothing in WAC 461-08-345, setting a twenty-one day limit on when the department or the attorney general can directly file a petition for review, limits the right of the department or attorney general to intervene under this section in a board proceeding.
(3) Service on the local government shall be accomplished in one of the following ways:
(a) The petitioner shall serve local government as designated on the permit decision within seven days of filing the petition with the board; or
(b) The petitioner shall serve the department or office within the local government that issued the permit decision within seven days of filing the petition with the board; or
(c) The petitioner shall serve local government pursuant to RCW 4.28.080 within seven days of filing the petition with the board.
(4) When the petitioner is not the permit applicant, the petitioner shall serve the permit applicant with a copy of the petition for review.
(5) For purposes of this rule, the date of service is the date of mailing.
[Statutory Authority: RCW 43.21B.170, 90.58.174, chapters 43.21B, 34.05, and 90.58 RCW. WSR 07-03-074, § 461-08-355, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW 90.58.175. WSR 02-06-009, § 461-08-355, filed 2/22/02, effective 3/25/02; WSR 99-23-038, § 461-08-355, filed 11/12/99, effective 12/13/99; WSR 96-15-002, § 461-08-355, filed 7/3/96, effective 8/3/96.]
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