§ 43.21L.130. Standards for granting relief -- Action by board
(1) The board shall review the decision record and all such evidence as is permitted to supplement the record for review restricted to the decision record or is required for de novo review under RCW 43.21L.120. The board may grant relief only if the party seeking relief has carried the burden of establishing that one of the standards set forth in (a) through (f) of this subsection has been met. The standards are:
(a) The body or officer that made the permit decision engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;
(b) The permit decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by an agency with expertise;
(c) The permit decision is not supported by evidence that is substantial when viewed in light of the whole record before the board;
(d) The permit decision is a clearly erroneous application of the law to the facts;
(e) The permit decision is outside the authority or jurisdiction of the body or officer making the decision; or
(f) The permit decision violates the constitutional rights of the party seeking relief.
(2) The board may affirm or reverse each and every permit decision under review or remand the decision for modification or further proceedings involving the permit agencies.
[2003 c 393 § 14.]
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