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PDFWAC 371-08-391

Consolidation.

(1) The presiding officer may consolidate appeals when consolidation will:
(a) Expedite disposition of the appeals;
(b) Avoid duplication of testimony; and
(c) Not prejudice the rights of the parties.
(2) Where multiple permits for the same underlying clean energy project, as defined in RCW 43.158.010, are appealed to one or more of the environmental boards, as identified in RCW 43.21B.005, the presiding officer shall consolidate the appeals for hearing when:
(a) Appeals of permits related to the same underlying project are either:
(i) Filed within 60 days of each other; or
(ii) If not filed within 60 days of each other and the board issues a stay of the appeal following the permit applicant's request. Such a stay must include a stay of the construction of the project pending appeal pursuant to RCW 43.21B.320, to allow other anticipated appeals of permits for the same underlying project to be filed to accommodate consolidation. The board may set a deadline after which an appeal may proceed in the absence of other permit appeals in order to ensure efficient resolution of appeals; or
(b) The presiding officer determines the criteria in subsection (1) of this section have been met.
[Statutory Authority: RCW 43.21B.170. WSR 25-12-063, s 371-08-391, filed 5/30/25, effective 6/30/25.]