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PDFWAC 242-03-030


As used in this title, the following terms shall have the following meaning:
(1) "Act" means the Growth Management Act, chapter 36.70A RCW, and subsequent amendments.
(2) "Board" means the growth management hearings board or a panel of the board hearing a matter as established in RCW 36.70A.260.
(3) "Chair" means the board member annually elected by the board pursuant to RCW 36.70A.270(11). The duties and responsibilities of the chair include, developing board procedures, making case assignments to board members in accordance with the board's rules of procedure in order to achieve a fair and balanced workload among all board members, and managing board meetings.
(4) "CMS" means the environmental and land use hearings office case management system or any successor system designated by the board.
(5) "Compliance participant" means any person with standing to challenge legislation taken in response to a board order, as provided in RCW 36.70A.330(2).
(6) "Consolidation" means the combining of all petitions involving review of the same comprehensive plan or development regulation into a single case for hearing and decision, as provided in RCW 36.70A.290(5).
(7) "Coordination" means provision of parallel case schedules for cases involving related matters in the interest of efficient resolution and to avoid duplication of evidence and argument.
(8) "Environmental and land use hearings office" means the administrative office of the board established pursuant to RCW 36.70A.252.
(9) "Ex parte communication" is communication about issues in a pending case between a party and a board member without including or providing notice to all other parties to the matter. Ex parte communication is prohibited.
(10) "Filing" of a document means actual receipt by the board during regular office hours, as specified in WAC 242-03-230 (for a petition for review) or WAC 242-03-240 (for all other documents).
(11) "Final decision" means:
(a) Any final order as provided in RCW 36.70A.300; or
(b) Any other written finding, determination or order of the board which finally determines a legal right, duty, or other legal interest of the parties in the case and which clearly states in such written finding, determination or order that it is a final decision subject to appeal to superior court.
(12) "Panel" means the three board members assigned to hear and decide a particular case pursuant to RCW 36.70A.260.
(13) "Party" means the petitioner(s) and respondent(s) in a case before the board and, if admitted in the case, intervenor(s), amicus, and compliance participant(s).
(14) "Person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit, or public or private organization or entity of any character.
(15) "Petitioner" means a person who files a petition for review pursuant to RCW 36.70A.290 or who brings a petition for rule making to the board.
(16) "Presiding officer" means any member of the board who is designated to conduct a conference or hearing as directed by the board. The presiding officer shall be designated pursuant to WAC 242-03-525 and have authority as provided by WAC 242-03-530.
(17) "Publication" means:
(a) For a city, the date the city publishes the ordinance or summary of the ordinance adopting a comprehensive plan, development regulations or subsequent amendment, as is required to be published, or the date the department of ecology publishes notice that the shoreline master program or amendment has been approved or disapproved by final action of the department of ecology;
(b) For a county, the date the county publishes the notice that it has adopted a comprehensive plan, development regulations, or subsequent amendment pursuant to RCW 36.70A.290(2), or the date the department of ecology publishes notice that the shoreline master program or amendment has been approved or disapproved by final action of the department of ecology.
(18) "Respondent" means the city, county, or state agency whose action is challenged in a petition for review before the board.
(19) "Service" of a document means delivery of the document to the parties to the appeal, as specified in WAC 242-03-230 (for the petition for review) or WAC 242-03-240 (for all other documents).
(20) "Shoreline master program" means the comprehensive use plan for a described shoreline area, the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies in RCW 90.58.020 and applicable guidelines. Pursuant to RCW 36.70A.480(1), an approved shoreline master program is a component of the city or county's comprehensive plan and development regulations.
(21) "Shoreline Management Act" means chapter 90.58 RCW and subsequent amendments.
(22) "Signature" means a written signature or an electronic signature executed or adopted by a person with the intent to sign a document either in the form of s/_____ (name typed out) or a digital graphic representation of the signature as signed by the person. An electronic signature shall be considered the same as an original signature for all purposes.
(23) "State Environmental Policy Act" means chapter 43.21C RCW and subsequent amendments.
[Statutory Authority: RCW 36.70A.270. WSR 23-11-077, § 242-03-030, filed 5/17/23, effective 6/16/23. Statutory Authority: RCW 36.70A.270(7). WSR 21-17-069, § 242-03-030, filed 8/12/21, effective 9/12/21; WSR 11-13-109, § 242-03-030, filed 6/21/11, effective 7/22/11.]
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