§ 43.21B.005. Environmental hearings office created -- Composition -- Administrative appeals judges -- Contracts for services
(1) There is created an environmental hearings office of the state of Washington. The environmental hearings office shall consist of the pollution control hearings board created in RCW 43.21B.010, the forest practices appeals board created in RCW 76.09.210, the shorelines hearings board created in RCW 90.58.170, the environmental and land use hearings board created in chapter 43.21L RCW, and the hydraulic appeals board created in *RCW 77.55.170. The chair of the pollution control hearings board shall be the chief executive officer of the environmental hearings office. Membership, powers, functions, and duties of the pollution control hearings board, the forest practices appeals board, the shorelines hearings board, and the hydraulic appeals board shall be as provided by law.
(2) The chief executive officer of the environmental hearings office may appoint an administrative appeals judge who shall possess the powers and duties conferred by the administrative procedure act, chapter 34.05 RCW, in cases before the boards comprising the office. The administrative appeals judge shall have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in the state of Washington. Additional administrative appeals judges may also be appointed by the chief executive officer on the same terms. Administrative appeals judges shall not be subject to chapter 41.06 RCW.
(3) The administrative appeals judges appointed under subsection (2) of this section are subject to discipline and termination, for cause, by the chief executive officer. Upon written request by the person so disciplined or terminated, the chief executive officer shall state the reasons for such action in writing. The person affected has a right of review by the superior court of Thurston county on petition for reinstatement or other remedy filed within thirty days of receipt of such written reasons.
(4) The chief executive officer may appoint, discharge, and fix the compensation of such administrative or clerical staff as may be necessary.
(5) The chief executive officer may also contract for required services.
[2003 c 393 § 18; 2003 c 39 § 22; 1999 c 125 § 1; 1990 c 65 § 1; 1986 c 173 § 3; 1979 ex.s. c 47 § 2.]
Notes:
Reviser's note: *(1) RCW 77.55.170 was recodified as RCW 77.55.301 pursuant to 2005 c 146 § 1001.
(2) This section was amended by 2003 c 39 § 22 and by 2003 c 393 § 18, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Implementation -- Effective date -- 2003 c 393: See RCW 43.21L.900 and 43.21L.901.
Intent -- 1979 ex.s. c 47: "It is the intent of the legislature to consolidate administratively the pollution control hearings board, the forest practices appeals board, and the shorelines hearings board into one agency of state government with minimum disturbance to these boards. It is not the intent of the legislature in consolidating these boards to change the existing membership of these boards.
All full-time employees of the pollution control hearings board and the full-time employee of the forest practices appeals board shall be full-time employees of the environmental hearings office without loss of rights. Property and obligations of these boards and the shorelines hearings board shall be property and obligations of the environmental hearings office." [1979 ex.s. c 47 § 1.]
Sections: Previous 43.21B.001 43.21B.005 43.21B.010 43.21B.020 43.21B.030 43.21B.040 43.21B.050 43.21B.060 43.21B.080 43.21B.090 43.21B.100 43.21B.110 43.21B.130 43.21B.160 43.21B.170 Next
Last modified: April 7, 2009