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 administrative procedure, 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,
90.58.175. WSR 15-03-044, § 371-08-300, filed 1/14/15, effective 2/14/15. Statutory Authority: RCW
43.21B.170. WSR 96-15-003, § 371-08-300, filed 7/3/96, effective 8/3/96.]