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PDFWAC 371-08-305


The following terms apply throughout this chapter and, unless the context clearly requires otherwise, have the following meanings:
(1) "Adjudicative proceeding" means a proceeding involving an opportunity for hearing before the board as defined in RCW 34.05.010. The term "adjudicative proceeding" is used interchangeably with the terms "case" and "appeal" in this chapter.
(2) "Agency" means any state governmental entity, air pollution control authority, local health department or other agency whose decisions are subject to the board's jurisdiction.
(3) "Board" means the pollution control hearings board, a quasi-judicial board created pursuant to chapter 43.21B RCW and described in WAC 371-08-315. Where appropriate, the term "board" also refers to the designated agents of the pollution control hearings board.
(4) "Business days" means Monday through Friday exclusive of any state or federal holidays.
(5) "Department" refers to and means the department of ecology.
(6) "Filing" of a document means actual receipt by the board between the hours of 8:00 a.m. and 5:00 p.m. on days other than Saturdays, Sundays, or legal holidays. The board's date stamp placed on the document shall be evidence of the date of filing.
(a) Electronic filing of documents and fax filing of documents ten pages or less are permitted, so long as the original document and any required copies are mailed or submitted to a commercial delivery service on the same day. The date and time of receipt will be the date of transmission as indicated by the board's computer or fax machine and will constitute the date of filing, unless the transmission is completed after 5:00 p.m. or on a Saturday, Sunday, or legal holiday, in which case the date of filing will be the next business day.
(b) Any document filed with the board shall contain an affirmation that copies were served on the appropriate agency and parties.
(7) "Party" means:
(a) A person to whom any agency decision is specifically directed; or
(b) A person named as a party to the adjudicative proceeding, allowed to intervene or joined as a party by the board.
(8) "Person" means any individual, partnership, corporation, association, organization, governmental subdivision, agency or entity of any character.
(9) "Presiding officer" means a member of the board or an administrative appeals judge who is assigned to conduct a conference or hearing by the chairperson or vice chairperson.
(10) "Service" of a document means delivery of the document to the other parties to the appeal. Service may be made in any of the following ways:
(a) Personally, in accordance with the laws of the state, with a return of service or affidavit of service completed.
(b) First-class, registered or certified mail. Service is complete upon deposit in the United States mail properly stamped and addressed.
(c) Fax transmission with mailing or submission to commercial delivery service of copies on the same day. Service by fax is regarded as complete by production of the confirmation of transmission and evidence of mailing or submission to delivery service of the copies.
(d) Commercial parcel delivery service. Service by commercial parcel delivery service is regarded as complete upon delivery to the parcel delivery company with charges prepaid.
(e) Electronic service. Electronic service of documents, other than the appeal document itself, is authorized if the parties agree to electronic service or if authorized by the presiding officer.
[Statutory Authority: RCW 43.21B.170, 90.58.175. WSR 15-03-044, § 371-08-305, filed 1/14/15, effective 2/14/15. Statutory Authority: RCW 43.21B.170, 90.58.174, chapters 43.21B, 34.05, and 90.58 RCW. WSR 07-03-074, § 371-08-305, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW 43.21B.170, chapter 34.05 RCW, and RCW 43.21B.001, [43.21B].190, [43.21B].230, [43.21B].300, [43.21B].310. WSR 05-15-017, § 371-08-305, filed 7/7/05, effective 8/7/05. Statutory Authority: RCW 43.21B.170. WSR 96-15-003, § 371-08-305, filed 7/3/96, effective 8/3/96.]
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