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2-WAC_371-008.txt - WAC - 10/4/2006 0:00:00 - Regulation - WA

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State
Washington Regulations
Chapter 371-08 WAC Practice and procedure

Last Update: 3/15/06


DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
371-08-001 Purpose and applicability. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-001, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-002 Commencement of adjudicative proceedings. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-002, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-005 Membership, function and jurisdiction. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-005, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-005, filed 8/18/81; Order 75-1, § 371-08-005, filed 1/9/75; Order 70-1, § 371-08-005, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-006 Public records. [Order, § 371-08-006, filed 5/31/73.] Repealed by Order 74-3, filed 5/8/74. See chapter 371-12 WAC.
371-08-010 Board administration -- Office and address of the board. [Statutory Authority: RCW 43.21B.170. 94-12-027, § 371-08-010, filed 5/24/94, effective 6/24/94. Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-010, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-010, filed 8/18/81; Order 75-1, § 371-08-010, filed 1/9/75; Order 70-1, § 371-08-010, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-015 Board administration -- Meeting of the board. [Order 75-1, § 371-08-015, filed 1/9/75; Order 70-1, § 371-08-015, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-020 Board administration -- Quorum. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-020, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-020, filed 8/18/81; Order 75-1, § 371-08-020, filed 1/9/75; Order 70-1, § 371-08-020, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-025 Board administration -- Office of the clerk of the board. [Order 75-1, § 371-08-025, filed 1/9/75; Order 70-1, § 371-08-025, filed 12/18/70.] Repealed by 81-17-055 (Order 82-1, Resolution No. 82-1), filed 8/18/81. Statutory Authority: RCW 43.21B.170.
371-08-030 Board administration -- Communications with the board -- Public records. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-030, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-030, filed 8/18/81; Order 75-1, § 371-08-030, filed 1/9/75; Order 70-1, § 371-08-030, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-031 Procedures applicable. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-031, filed 8/18/81; Order 75-1, § 371-08-031, filed 1/9/75.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-032 Definitions. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-032, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-032, filed 8/18/81; Order 75-1, § 371-08-032, filed 1/9/75.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-033 Service of documents on representatives. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-033, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-035 Appearance and practice before the board -- Persons who may and may not appear. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-035, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-035, filed 8/18/81; Order 75-1, § 371-08-035, filed 1/9/75; Order 70-1, § 371-08-035, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-040 Appearance and practice before the board -- Appearance by representative. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-040, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-040, filed 8/18/81; Order 75-1, § 371-08-040, filed 1/9/75; Order 70-1, § 371-08-040, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-045 Appearance and practice before the board -- No formal admission to practice. [Order 75-1, § 371-08-045, filed 1/9/75; Order 70-1, § 371-08-045, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-050 Appearance and practice before the board -- Withdrawal or substitution of representatives. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-050, filed 8/18/81; Order 75-1, § 371-08-050, filed 1/9/75; Order 70-1, § 371-08-050, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-055 Appearance and practice before the board -- Conduct. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-055, filed 8/18/81; Order 75-1, § 371-08-055, filed 1/9/75; Order 70-1, § 371-08-055, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-060 Presiding officer -- Definition. [Order 70-1, § 371-08-060, filed 12/18/70.] Repealed by Order 75-1, filed 1/9/75.
371-08-061 Appearance and practice before the board -- Parties not represented by legal counsel -- Waiver of rules to prevent manifest injustice. [Statutory Authority: RCW 43.21B.170. 94-12-027, § 371-08-061, filed 5/24/94, effective 6/24/94.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-065 Presiding officer -- Powers and duties. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-065, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-065, filed 8/18/81; Order 75-1, § 371-08-065, filed 1/9/75; Order 70-1, § 371-08-065, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-070 Presiding officer -- Substitution of presiding officer. [Order 70-1, § 371-08-070, filed 12/18/70.] Repealed by Order 75-1, filed 1/9/75.
371-08-071 Subpoenas. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-071, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-071, filed 8/18/81.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-075 Appeals to the board -- Contents of notice of appeal. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-075, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-075, filed 8/18/81; Order 75-1, § 371-08-075, filed 1/9/75; Order 70-1, § 371-08-075, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-080 Appeals to the board -- Time for filing appeals. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-080, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-080, filed 8/18/81; Order 75-1, § 371-08-080, filed 1/9/75; Order 70-1, § 371-08-080, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-085 Appeals to the board -- Jurisdictional requirements -- Dismissal on jurisdictional grounds. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-085, filed 1/8/91, effective 2/8/91; Order 75-1, § 371-08-085, filed 1/9/75; Order 70-1, § 371-08-085, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-090 Appeals to the board -- Granting the appeal. [Order 75-1, § 371-08-090, filed 1/9/75; Order 70-1, § 371-08-090, filed 12/18/70.] Repealed by 81-17-055 (Order 82-1, Resolution No. 82-1), filed 8/18/81. Statutory Authority: RCW 43.21B.170.
371-08-095 Appeals to the board -- Cross-appeals. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-095, filed 8/18/81; Order 75-1, § 371-08-095, filed 1/9/75; Order 70-1, § 371-08-095, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-100 Appeals to the board -- Correction or amendment of notice. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-100, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-100, filed 8/18/81; Order 75-1, § 371-08-100, filed 1/9/75; Order 70-1, § 371-08-100, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-102 Appeals to the board -- Responsive pleadings. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-102, filed 8/18/81.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-104 Appeals to the board -- Stays. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-104, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-104, filed 8/18/81.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-105 Conferences -- Two types. [Order 75-1, § 371-08-105, filed 1/9/75; Order 70-1, § 371-08-105, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-106 Appeals to the board -- Intervention. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-106, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-110 Conferences -- Purpose of informal conferences. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-110, filed 8/18/81; Order 75-1, § 371-08-110, filed 1/9/75; Order 70-1, § 371-08-110, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-115 Conferences -- When held. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-115, filed 8/18/81; Order 75-1, § 371-08-115, filed 1/9/75; Order 70-1, § 371-08-115, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-120 Conferences -- Agreements at informal conferences. [Order 75-1, § 371-08-120, filed 1/9/75; Order 70-1, § 371-08-120, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-125 Conferences -- Purpose of prehearing conferences. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-125, filed 1/8/91, effective 2/8/91; Order 75-1, § 371-08-125, filed 1/9/75; Order 70-1, § 371-08-125, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-130 Conferences -- When held. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-130, filed 1/8/91, effective 2/8/91; Order 75-1, § 371-08-130, filed 1/9/75; Order 70-1, § 371-08-130, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-131 Conferences -- Documentary evidence. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-131, filed 8/18/81; Order 75-1, § 371-08-131, filed 1/9/75.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-132 Conferences -- Excerpts from documentary evidence. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-132, filed 8/18/81; Order 75-1, § 371-08-132, filed 1/9/75.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-135 Conferences -- Failure to supply prehearing information. [Order 75-1, § 371-08-135, filed 1/9/75; Order 70-1, § 371-08-135, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-140 Conferences -- Agreements at prehearing conferences -- Prehearing orders. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-140, filed 1/8/91, effective 2/8/91; Order 75-1, § 371-08-140, filed 1/9/75; Order 70-1, § 371-08-140, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-144 Prehearing procedures -- Telephone. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-144, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-144, filed 8/18/81.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-145 Conferences -- Applicability of superior court rules. [Order 75-1, § 371-08-145, filed 1/9/75; Order 70-1, § 371-08-145, filed 12/18/70.] Repealed by 81-17-055 (Order 82-1, Resolution No. 82-1), filed 8/18/81. Statutory Authority: RCW 43.21B.170.
371-08-146 Prehearing procedures -- Use of civil rules -- Discovery. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-146, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-147 Procedures -- Motions. [Statutory Authority: RCW 43.21B.170. 94-12-027, § 371-08-147, filed 5/24/94, effective 6/24/94. Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-147, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-148 Prehearing procedures -- Summary judgment. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-148, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-150 Hearings -- Types of hearings. [Order 75-1, § 371-08-150, filed 1/9/75; Order 70-1, § 371-08-150, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-155 Hearings -- Election of type of hearings. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-155, filed 1/8/91, effective 2/8/91; Order 75-1, § 371-08-155, filed 1/9/75; Order 70-1, § 371-08-155, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-156 Hearings -- Assignment of dates. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-156, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-156, filed 8/18/81; Order 75-1, § 371-08-156, filed 1/9/75.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-160 Hearings -- Notice of hearing. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-160, filed 8/18/81; Order 75-1, § 371-08-160, filed 1/9/75; Order 70-1, § 371-08-160, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-162 Hearings -- Primary and secondary setting. [Statutory Authority: RCW 43.21B.170. 94-12-027, § 371-08-162, filed 5/24/94, effective 6/24/94. Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-162, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-163 Hearings -- Briefs. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-163, filed 8/18/81.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-165 Hearings -- Continuances, dismissal. [Statutory Authority: RCW 43.21B.170. 94-12-027, § 371-08-165, filed 5/24/94, effective 6/24/94. Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-165, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-165, filed 8/18/81; Order 75-1, § 371-08-165, filed 1/9/75; Order 70-1, § 371-08-165, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-167 Dismissal or default. [Statutory Authority: RCW 43.21B.170. 94-12-027, § 371-08-167, filed 5/24/94, effective 6/24/94.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-170 Hearings -- Continuances. [Order 70-1, § 371-08-170, filed 12/18/70.] Repealed by Order 75-1, filed 1/9/75.
371-08-175 Hearings -- Setting subsequent hearings. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-175, filed 8/18/81; Order 75-1, § 371-08-175, filed 1/9/75; Order 70-1, § 371-08-175, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-180 Hearings -- Procedures at hearings. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-180, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-180, filed 8/18/81; Order 75-1, § 371-08-180, filed 1/9/75; Order 70-1, § 371-08-180, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-183 Hearings -- Standard and scope of review -- Burden of proof. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-183, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-183, filed 8/18/81.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-184 Hearings -- Interpreters. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-184, filed 1/8/91, effective 2/8/91.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-185 Hearings -- Additional evidence by presiding officer. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-185, filed 8/18/81; Order 75-1, § 371-08-185, filed 1/9/75; Order 70-1, § 371-08-185, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-186 Rules of evidence -- Admissibility criteria. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-186, filed 1/8/91, effective 2/8/91; Order 75-1, § 371-08-186, filed 1/9/75.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-187 Rules of evidence -- Official notice -- Matters of law. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-187, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-187, filed 8/18/81; Order 75-1, § 371-08-187, filed 1/9/75.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-188 Rules of evidence -- Official notice -- Material facts. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-188, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-188, filed 8/18/81; Order 75-1, § 371-08-188, filed 1/9/75.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-189 Rules of evidence -- Tentative admission -- Exclusion -- Discontinuance -- Objections. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-189, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-189, filed 8/18/81; Order 75-1, § 371-08-189, filed 1/9/75.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-190 Disposition of contested cases -- Definition. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-190, filed 8/18/81; Order 75-1, § 371-08-190, filed 1/9/75; Order 70-1, § 371-08-190, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-195 Disposition of adjudicative proceedings -- Record. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-195, filed 1/8/91, effective 2/8/91; Order 75-1, § 371-08-195, filed 1/9/75; Order 70-1, § 371-08-195, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-196 Disposition of adjudicative proceedings -- Transcripts. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-196, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-196, filed 8/18/81; Order 75-2, § 371-08-196, filed 11/5/75; Order 75-1, § 371-08-196, filed 1/9/75.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-197 Disposition of adjudicative proceedings -- Preparation of findings, conclusions and orders. [Statutory Authority: RCW 43.21B.170. 94-12-027, § 371-08-197, filed 5/24/94, effective 6/24/94.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-200 Disposition of adjudicative proceedings -- Final decisions and orders -- Petition for reconsideration. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-200, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-200, filed 8/18/81; Order 75-2, § 371-08-200, filed 11/5/75; Order 75-1, § 371-08-200, filed 1/9/75; Order 70-1, § 371-08-200, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-201 Disposition of contested cases -- Presentation of additional evidence. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-201, filed 8/18/81; Order 75-1, § 371-08-201, filed 1/9/75.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-205 Disposition of contested cases -- Exceptions. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-205, filed 8/18/81; Order 75-1, § 371-08-205, filed 1/9/75; Order 70-1, § 371-08-205, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-210 Disposition of contested cases -- Finality of proposed decisions and orders. [Order 75-1, § 371-08-210, filed 1/9/75; Order 70-1, § 371-08-210, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-215 Disposition of adjudicative proceedings -- Final decisions and orders. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-215, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-215, filed 8/18/81; Order 75-1, § 371-08-215, filed 1/9/75; Order 70-1, § 371-08-215, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-220 Appeals to the courts -- Notice of appeal to the superior court. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-220, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-220, filed 8/18/81; Order 77-1, § 371-08-220, filed 9/8/76; Order 75-1, § 371-08-220, filed 1/9/75; Order 70-1, § 371-08-220, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-225 Appeals to the courts -- Notice of appeal to the court of appeals. [Order 75-1, § 371-08-225, filed 1/9/75; Order 70-1, § 371-08-225, filed 12/18/70.] Repealed by Order 77-1, filed 9/8/76. Later promulgation, see WAC 371-08-220.
371-08-230 Appeals to the courts -- Certification of record. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-230, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-230, filed 8/18/81; Order 77-1, § 371-08-230, filed 9/8/76; Order 75-1, § 371-08-230, filed 1/9/75; Order 70-1, § 371-08-230, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-235 Computation of time. [Order 75-1, § 371-08-235, filed 1/9/75; Order 70-1, § 371-08-235, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-240 Petitions for declaratory ruling. [Statutory Authority: RCW 43.21B.110(3). 91-03-028, § 371-08-240, filed 1/8/91, effective 2/8/91; Order 75-1, § 371-08-240, filed 1/9/75; Order 70-1, § 371-08-240, filed 12/18/70.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-245 Petitions for rule making. [Statutory Authority: RCW 43.21B.170. 81-17-055 (Order 82-1, Resolution No. 82-1), § 371-08-245, filed 8/18/81; Order 75-1, § 371-08-245, filed 1/9/75; Order 70-1, § 371-08-245, filed 12/18/70.] Repealed by 91-03-028, filed 1/8/91, effective 2/8/91. Statutory Authority: RCW 43.21B.110(3).
371-08-250 Review of permits under the National Pollutant Discharge Elimination System. [Order 75-1, § 371-08-250, filed 1/9/75; Order 74-2, § 371-08-250, filed 2/7/74.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-255 Review of permits issued under chapter 173-303 WAC. [Statutory Authority: RCW 43.21B.170. 83-14-074 (Order 83-1, Resolution No. 83-1), § 371-08-255, filed 7/6/83.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.
371-08-260 Applicability of SEPA guidelines. [Order 77-2, § 371-08-260, filed 12/6/77.] Repealed by 96-15-003, filed 7/3/96, effective 8/3/96. Statutory Authority: RCW 43.21B.170.



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371-08-300
Purpose of this chapter and applicability of the board's rules of practice and the civil rules of procedure and the rules of evidence.
(1) The purpose of chapter 371-08 WAC is to provide rules of practice before the pollution control hearings board (hereinafter "board"). The interpretation of these rules of practice may be guided, where relevant, by the civil rules of superior court (hereinafter "civil rules") and the rules of evidence for the superior courts of the state of Washington, as those rules have been construed by Washington state courts.

(2) Except where in conflict with the board's rules, Washington statutes regarding pretrial procedures, civil rules and rules of evidence shall be followed in proceedings before the board unless the presiding officer determines that the evidence, although in conflict with the rules of evidence, is admissible pursuant to WAC 371-08-500.

(3) This chapter shall govern practice before the board. The rules in this chapter are consistent with the model rules of procedure issued by the office of administrative hearings, chapter 10-08 WAC, except where specifically noted.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-300, filed 7/3/96, effective 8/3/96.]




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371-08-305
Definitions.
As used in this chapter the following terms shall have the following meaning:

(1) "Adjudicative proceeding" means a proceeding involving an opportunity for hearing before the board as defined in RCW 34.05.010. The term "adjudicative proceeding" is used interchangeably with the terms "case" and "appeal" in this chapter.

(2) "Agency" means any state governmental entity, air pollution control authority, local health department or other agency whose decisions are subject to the board's jurisdiction.

(3) "Board" means the pollution control hearings board, a quasi-judicial board created pursuant to chapter 43.21B RCW and described in WAC 371-08-315. Where appropriate, the term "board" also refers to the designated agents of the pollution control hearings board.

(4) "Business days" means Monday through Friday exclusive of any state or federal holidays.

(5) "Department" refers to and means the department of ecology.

(6) "Filing" of a document means actual receipt by the board during regular office hours. Any document filed with the board shall contain an affirmation that copies were served on the appropriate agency and parties. Filing by facsimile is permitted of documents ten pages or less if the original document is concurrently mailed or submitted to a commercial delivery service. Electronic filing of documents may be authorized by the presiding officer after consultation with the parties regarding format and authentication.

(7) "Party" means:

(a) A person to whom any agency decision is specifically directed; or

(b) A person named as a party to the adjudicative proceeding, allowed to intervene or joined as a party by the board.

(8) "Person" means any individual, partnership, corporation, association, organization, governmental subdivision, agency or entity of any character.

(9) "Presiding officer" means a member of the board or an administrative appeals judge who is assigned to conduct a conference or hearing by the chairperson or vice-chairperson.

(10) "Service" of a document means delivery of the document to the other parties to the appeal. Service may be made in any of the following ways:

(a) Personally, in accordance with the laws of the state, with a return of service or affidavit of service completed.

(b) First-class, registered or certified mail. Service is complete upon deposit in the United States mail properly stamped and addressed.

(c) Facsimile transmission with mailing or submission to commercial delivery service of copies on the same day. Service by facsimile is regarded as complete by production of the confirmation of transmission and evidence of mailing or submission to delivery service of the copies.

(d) Commercial parcel delivery service. Service by commercial parcel delivery service is regarded as complete upon delivery to the parcel delivery company with charges prepaid.



[Statutory Authority: RCW 43.21B.170, chapter 34.05 RCW, and RCW 43.21B.001, [43.21B].190, [43.21B].230, [43.21B].300,[43.21B].310 . 05-15-017, § 371-08-305, filed 7/7/05, effective 8/7/05. Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-305, filed 7/3/96, effective 8/3/96.]




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371-08-306
Livestock nutrient management program (LNMP).
As used in this chapter, and chapter 43.21B RCW, when referring to appeals related to civil penalties and orders issued by the department of agriculture, under the LNMP, pursuant to chapters 90.48 and 90.64 RCW, the following terms shall have the following meaning:

(1) "Department" means the department of agriculture.

(2) "Director" means the director of the department of agriculture.



[Statutory Authority: RCW 34.05.360 and 2003 c 325. 04-03-001, § 371-08-306, filed 1/7/04, effective 2/7/04.]




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371-08-310
Computation of time.
(1) The time within which any act shall be done, as provided by these rules, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a legal holiday, and then it is excluded and the next succeeding day which is neither a Saturday, Sunday nor a legal holiday is included. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation.

(2) This section also pertains to the period for filing an appeal with the board.



[Statutory Authority: RCW 43.21B.170 and 1997 c 125. 97-19-064, § 371-08-310, filed 9/15/97, effective 10/16/97. Statutory Authority: RCW 43.21B.170 and Den Beste v. Washington, No. 13967-1-III (Div. III, April 18, 1996). 96-17-016, § 371-08-310, filed 8/12/96, effective 9/12/96.]




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371-08-315
Membership, function and jurisdiction.
(1) Members. The board is composed of three members appointed by the governor, with the advice and consent of the senate, for a term of six years. The members are to be qualified by experience or training in pertinent matters pertaining to the environment, and at least one member shall be a lawyer, and not more than two members shall be of the same political party.

(2) Function and jurisdiction. The function of this board is to provide an expeditious and efficient disposition of appeals from the decisions and orders of the department of agriculture pursuant to chapters 90.48 and 90.64 RCW, the department of ecology, from the decisions of air pollution control authorities established pursuant to chapter 70.94 RCW, and from the decisions of local health departments, when such orders and decisions concern matters within the jurisdiction of the board as provided in RCW 43.21B.110:

(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.105.095, 70.107.050, 86.16.081, 88.46.090, 90.03.600, 90.48.144, 90.56.310, 90.56.320, 90.56.330, 90.58.560 and chapter 90.64 RCW.

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 18.104.065, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 70.107.060, 88.46.070, 90.14.130, 90.14.190, 90.48.120 and chapter 90.64 RCW.

(c) The issuance, modification, termination or denial of any permit certificate or license by the department of ecology or any air pollution control authority.

(d) Decisions of local health departments regarding the grant or denial of solid waste permits or of biosolid permits pursuant to chapter 70.95 RCW.

(e) Disputes between the department and the governing bodies of local governments regarding local planning requirements under RCW 70.105.220 and zone designation under RCW 70.105.225, pursuant to RCW 70.105.250.

(f) Any other decision by the department of ecology, the administrator of marine safety or an air pollution control authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(3) This section 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.



[Statutory Authority: RCW 34.05.360 and 2003 c 325. 04-03-001, § 371-08-315, filed 1/7/04, effective 2/7/04. Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-315, filed 7/3/96, effective 8/3/96.]




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371-08-320
Environmental hearings office hours, telephone number and address.
(1) The administrative business of the board, except rule making, is performed by the environmental hearings office. The board holds meetings at 10:00 a.m. on the second Tuesday of each month at the address set forth below.

(2) The board is housed at the Environmental Hearings Office, 4224 6th Avenue S.E., Building 2, Rowe Six, Lacey, Washington. The principal hearing room used by the board is located at the same address, although many hearings are held near the site of the dispute at issue.

(3) The mailing address of the board is:


Pollution Control Hearings Board

4224 6th Avenue S.E., Building 2, Rowe Six

PO Box 40903

Lacey, WA 98504-0903


(4) The telephone number of the board is (360) 459-6327. The telefacsimile number is (360) 438-7699.

(5) The office hours of the environmental hearings office are 8:00 a.m. to 5:00 p.m., Monday through Friday, except for legal holidays.



[Statutory Authority: RCW 43.21B.170. 02-06-011, § 371-08-320, filed 2/22/02, effective 3/25/02; 96-15-003, § 371-08-320, filed 7/3/96, effective 8/3/96.]




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371-08-325
Public information about practice before the board and public records.
(1) Questions about practicing before the board may be directed to the environmental hearings office by mail or, during regular office hours, by telephone or by telefacsimile.

(2) Case files of appeals pending before the board, past written opinions of the board and other public records maintained by the board under chapter 198-12 WAC are available for public inspection and copying during regular office hours at the environmental hearings office. The form for requests for public records is set forth in WAC 198-12-140. Any person seeking to make copies of such public records may copy the documents at the environmental hearings office for a reasonable charge per page.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-325, filed 7/3/96, effective 8/3/96.]




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371-08-330
Board decision making on appeals.
The number of board members required to make a decision on a case differs depending on the type of case.

(1) Short-board appeals. Pursuant to RCW 43.21B.305, cases that involve an appeal of a civil penalty of five thousand dollars or less imposed by the department of ecology, another state agency or an air pollution control authority may be heard by a single member of the board. Such cases are called short-board appeals. The decision of that single member shall be the final decision of the entire board.

(2) Full-board appeals. All other types of appeals are called full-board appeals. The chairperson may assign a single member to hold the hearing in a full-board appeal; however, at least two members shall review the record and issue a decision. Two members of the board shall constitute a quorum for making a decision and may act although one position on the board is vacant or one board member is unavailable.

(3) Administrative appeals judges. For both full-board and short-board cases, the chairperson may appoint an administrative appeals judge from the environmental hearings office to be the presiding officer.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-330, filed 7/3/96, effective 8/3/96.]




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371-08-335
Filing a timely appeal with the board.
(1) An appeal before the board shall be begun by filing a notice of appeal with the board at the environmental hearings office and by serving a copy of the appeal notice on the agency whose decision is being appealed. For the board to acquire jurisdiction both such filing and such service must be timely accomplished.

(2) The notice of appeal shall be filed with the board within thirty days of the date of receipt of the order or decision. The board's rule governing the computation of time (WAC 371-08-310) shall determine how the thirty-day appeal period is calculated. The "date of receipt" of an order or decision means:

(a) Five business days after the date of mailing; or

(b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient's sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the agency, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing.

(3) An appeal may be filed with the board by personal delivery, commercial delivery, facsimile, or first-class, registered or certified mail. An appeal is filed with the board on the date the board actually receives the notice of the appeal, not the date that the notice is mailed. Upon receiving the notice of appeal, the board will acknowledge receipt. The date stamped on the appeal notice shall be prima facie evidence of the filing date. The board may thereafter require that additional copies be filed.



[Statutory Authority: RCW 43.21B.170, chapter 34.05 RCW, and RCW 43.21B.001, [43.21B].190, [43.21B].230, [43.21B].300,[43.21B].310 . 05-15-017, § 371-08-335, filed 7/7/05, effective 8/7/05. Statutory Authority: RCW 43.21B.170 and 1997 c 125. 97-19-064, § 371-08-335, filed 9/15/97, effective 10/16/97. Statutory Authority: RCW 43.21B.170 and Den Beste v. Washington, No. 13967-1-III (Div. III, April 18, 1996). 96-17-016, § 371-08-335, filed 8/12/96, effective 9/12/96.]




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371-08-340
Contents of notice of appeal.
The notice of appeal shall contain:

(1) The name, mailing address, telephone number and telefacsimile number (if available) of the appealing party, and of the representative, if any;

(2) Identification of the parties, by listing in the caption or otherwise. In every case, the agency whose decision is being appealed and the person to whom the decision is directed shall be named as parties;

(3) A copy of the order or decision appealed from, and if the order or decision followed an application, a copy of the application;

(4) A short and plain statement showing the grounds upon which the appealing party considers such order or decision to be unjust or unlawful;

(5) A clear and concise statement of facts upon which an appealing party relies to sustain his or her grounds for appeal.

(6) The relief sought, including the specific nature and extent;

(7) The signature of the representative of the appealing party or the appealing party. The signature of the representative or the appealing party shall constitute a certificate by the signatory that the signatory has read the notice of appeal and that it is consistent with civil rule 11;

(8) All pleadings shall be so construed as to do substantial justice.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-340, filed 7/3/96, effective 8/3/96.]




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371-08-345
Service of the notice of appeal on the agency and other interested parties.
(1) Within thirty days of the date of receipt of the agency's order or decision, the appellant shall also serve a copy of the notice of appeal on the agency whose order or decision is being appealed. Proof of service may be made by certificate or affidavit filed with the board.

(2) A copy of the notice of appeal shall also be served on all other persons named as parties to the appeal. There is no time limit on when such service must be made.



[Statutory Authority: RCW 43.21B.170, chapter 34.05 RCW, and RCW 43.21B.001, [43.21B].190, [43.21B].230, [43.21B].300,[43.21B].310 . 05-15-017, § 371-08-345, filed 7/7/05, effective 8/7/05. Statutory Authority: RCW 43.21B.170 and Den Beste v. Washington, No. 13967-1-III (Div. III, April 18, 1996). 96-17-016, § 371-08-345, filed 8/12/96, effective 9/12/96.]




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371-08-350
Service of documents on representatives.
Service of any document required to be served on a party to a case, including final decisions of the board, may be made by serving the party's representative in the matter.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-350, filed 7/3/96, effective 8/3/96.]




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371-08-355
Petitions for declaratory ruling.
(1) As prescribed by RCW 34.05.240, any interested person may petition the board for a declaratory ruling. The board shall consider any petition for declaratory ruling in accordance with these rules and the Administrative Procedure Act.

(2) Two members of the board shall constitute a quorum when the board acts on a declaratory judgment petition. Two members of the board may act although one position on the board is vacant.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-355, filed 7/3/96, effective 8/3/96.]




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371-08-360
Petitions for rule making.
(1) As prescribed by RCW 34.05.330, any person may petition the board to promulgate, amend or rescind the board's administrative rules, as set forth in this chapter. The provisions of these rules and the Administrative Procedure Act shall apply to petitions for rule making.

(2) Two members of the board shall constitute a quorum when the board promulgates, amends or rescinds its administrative rules. Two members of the board may act although one position on the board is vacant.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-360, filed 7/3/96, effective 8/3/96.]




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371-08-365
Persons who may appear before the board.
(1) Any person has the right to represent himself or herself in a proceeding before the board.

(2) The only persons who are qualified to represent another person or entity before the board are the following:

(a) Attorneys at law duly qualified and entitled to practice before the highest court of record of any state.

(b) An authorized officer, partner, owner, employee or member of an association, partnership, corporation, organization, government subdivision or agency.

(c) Legal interns admitted to practice under the applicable admission to practice rules of the Washington state court rules as long as the conditions and limitations of the applicable rules are satisfied.

(d) Any other individual designated by an entity to serve as spokesperson in a case, with the approval of the board's presiding officer.

(3) No former employee of the department or member of the attorney general's staff may, at any time after leaving the employment of the department or the attorney general, appear, except when permitted by the applicable state conflict of interest laws, in a representative capacity on behalf of other parties in a formal proceeding in which an active part as a representative of the department was taken in the same case or proceeding.

(4) No former member of the board shall, for a period of one year after the termination of his or her membership, represent a party before the board on any matter.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-365, filed 7/3/96, effective 8/3/96.]




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371-08-370
Procedure for representing a party before the board.
(1) An attorney or authorized representative as defined in WAC 371-08-365 may appear for a party by either of the following actions:

(a) Filing a notice of appeal, another pleading or a written notice of appearance containing the name of the party to be represented, and the name, address and telephone number of the representative; or

(b) Entering an appearance at the time and place of a conference or hearing on the appeal, and notifying the presiding officer conducting the same of the party to be represented and the name, address and telephone number of the representative.

(2) Copies of every written notice of appearance or pleading that identifies the representative shall be served by the representative on all other parties or their representatives of record at the time the original is filed with the board.

(3) Unless the department notifies the board otherwise, the attorney general shall, in all appeals from decisions and orders of the department and director, be deemed to have entered an appearance for the department, and shall be exempt from the requirements herein relating to the filing of written notices of appearance and to the furnishing of copies of same to other parties and their representatives.

(4) After a representative appears on behalf of a party, the board shall serve all future notices, orders and correspondence upon such representative. Service upon the representative shall constitute service upon the party.

(5) After a representative appears on behalf of a party, all other parties to the appeal shall serve all future pleadings and correspondence upon that representative. Service upon the representative shall constitute service upon the party.



[Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-370, filed 7/3/96, effective 8/3/96.] (continued)
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