Revised Code of Washington - RCW Title 43 State Government -- Executive - Chapter 43.21B Environmental Hearings Office -- Pollution Control Hearings Board
- 43.21B.001 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Business days" means Monday through Friday exclusive of any ...
- 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 ...
- 43.21B.010 Pollution control hearings board created -- Purpose
There is hereby created within the environmental hearings office a pollution control hearings board of the state of Washington. The purpose of the pollution control ...
- 43.21B.020 Members -- Qualifications -- Appointment
The hearings board shall consist of three members qualified by experience or training in pertinent matters pertaining to the environment, and at least one member ...
- 43.21B.030 Members -- Terms -- Filling vacancies, term
Members of the hearings board shall be appointed for a term of six years and until their successors are appointed and have qualified. In case ...
- 43.21B.040 Removal of member, procedure -- As disqualification for reappointment
Any member of the hearings board may be removed for inefficiency, malfeasance and misfeasance in office, under specific written charges filed by the governor, who ...
- 43.21B.050 Governor to determine basis for operation -- Compensation if part time basis, limitation -- Reimbursement of travel expenses
The hearings board shall operate on either a part time or a full time basis, as determined by the governor. If it is determined that ...
- 43.21B.060 Restrictions upon conduct while member and upon termination of membership
Each member of the hearings board: (1) Shall not be a candidate for nor hold any other public office or trust, and shall not engage ...
- 43.21B.080 Chairman, biennial election of
The hearings board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chairman, ...
- 43.21B.090 Principal office -- Quorum -- Hearings -- Board powers and duties
The principal office of the hearings board shall be at the state capitol, but it may sit or hold hearings at any other place in ...
- 43.21B.100 Board to make findings of fact and written decisions on each case considered -- Effective upon signing and filing -- Public information
The hearings board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decisions shall ...
- 43.21B.110 Pollution control hearings board jurisdiction
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, ...
- 43.21B.130 Administrative procedure act to apply to appeal of board rules and regulations -- Scope of board action on decisions and orders of others
The administrative procedure act, chapter 34.05 RCW, shall apply to the appeal of rules and regulations adopted by the board to the same extent as ...
- 43.21B.160 Appeals -- Generally
In all appeals, the hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted ...
- 43.21B.170 Proceedings conducted in accordance with published board rules and regulations
All proceedings before the hearings board or any of its members shall be conducted in accordance with such rules of practice and procedure as the ...
- 43.21B.180 Judicial review -- Director's right of review of decisions pursuant to RCW 43.21B.110
Judicial review of a decision of the hearings board may be obtained only pursuant to RCW 34.05.510 through 34.05.598. The director shall have the same ...
- 43.21B.190 Judicial review -- Appeal from board's order
After the final decision and order of the hearings board has been received by the parties, any party aggrieved by the decision and order of ...
- 43.21B.230 Appeals of agency actions
Consistent with RCW 43.21B.110, any person having received notice of denial of a petition, a notice of determination, or notice of an order made by ...
- 43.21B.240 Department -- Air authorities -- Adjudicative proceedings, may not conduct
The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act, chapter 34.05 RCW. Such hearings shall ...
- 43.21B.250 Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120 -- Procedure -- Finality
(1) All challenges in regard to the consistency of the rules adopted pursuant to RCW 43.21C.120 and with the rules and guidelines adopted pursuant to ...
- 43.21B.260 Regulations and amendments of activated air pollution control authorities -- Filing with hearings board authorized -- Evidence
Activated air pollution control authorities, established under chapter 70.94 RCW, may file certified copies of their regulations and amendments thereto with the pollution control hearings ...
- 43.21B.300 Penalty procedures
(1) Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330 and chapter 90.76 RCW shall be imposed by ...
- 43.21B.305 Appeals involving penalties of fifteen thousand dollars or less
In an appeal that involves a penalty of fifteen thousand dollars or less, the appeal may be heard by one member of the board, whose ...
- 43.21B.310 Appeal of orders, permits, and licenses
(1) Except as provided in RCW 90.03.210(2), any order issued by the department or local air authority pursuant to RCW 70.94.211, 70.94.332, 70.105.095, 43.27A.190, 86.16.020, ...
- 43.21B.320 Stays of orders
(1) A person appealing to the hearings board an order of the department or an authority, not stayed by the issuing agency, may obtain a ...
- 43.21B.330 Summary procedures
The hearings board shall develop procedures for summary procedures, consistent with the rules of civil procedure for superior court on summary judgment, to decide cases ...
- 43.21B.900 Savings -- Other powers and duties not affected -- Permits, standards not affected -- Severability -- Effective date -- 1970 ex.s. c 62
See notes following RCW 43.21A.010. ...
Last modified: April 7, 2009