(1) The
final decision of an administrative agency in an adjudicative
proceeding under this chapter may, except as otherwise provided
in chapter 43.21L RCW, be directly reviewed by the court of
appeals either (a) upon certification by the superior court
pursuant to this section or (b) if the final decision is from an
environmental board as defined in subsection (3) of this section,
upon acceptance by the court of appeals after a certificate of
appealability has been filed by the environmental board that
rendered the final decision.
(2) For direct review upon certification by the superior
court, an application for direct review must be filed with the
superior court within thirty days of the filing of the petition
for review in superior court. The superior court may certify a
case for direct review only if the judicial review is limited to
the record of the agency proceeding and the court finds that:
(a) Fundamental and urgent issues affecting the future
administrative process or the public interest are involved which
require a prompt determination;
(b) Delay in obtaining a final and prompt determination of
such issues would be detrimental to any party or the public
interest;
(c) An appeal to the court of appeals would be likely
regardless of the determination in superior court; and
(d) The appellate court's determination in the proceeding
would have significant precedential value.
Procedures for certification shall be established by court
rule.
(3)(a) For the purposes of direct review of final decisions
of environmental boards, environmental boards include those
boards identified in RCW 43.21B.005 and growth management
hearings boards as identified in RCW 36.70A.250.
(b) An environmental board may issue a certificate of
appealability if it finds that delay in obtaining a final and
prompt determination of the issues would be detrimental to any
party or the public interest and either:
(i) Fundamental and urgent statewide or regional issues are
raised; or
(ii) The proceeding is likely to have significant
precedential value.
(4) The environmental board shall state in the certificate
of appealability which criteria it applied, explain how that
criteria was met, and file with the certificate a copy of the
final decision.
(5) For an appellate court to accept direct review of a
final decision of an environmental board, it shall consider the
same criteria outlined in subsection (3) of this section, except
as otherwise provided in chapter 43.21L RCW.
(6) The procedures for direct review of final decisions of
environmental boards include:
(a) Within thirty days after filing the petition for review
with the superior court, a party may file an application for
direct review with the superior court and serve the appropriate
environmental board and all parties of record. The application
shall request the environmental board to file a certificate of
appealability.
(b) If an issue on review is the jurisdiction of the
environmental board, the board may file an application for direct
review on that issue.
(c) The environmental board shall have thirty days to grant
or deny the request for a certificate of appealability and its
decision shall be filed with the superior court and served on all
parties of record.
(d) If a certificate of appealability is issued, the parties
shall have fifteen days from the date of service to file a notice
of discretionary review in the superior court, and the notice
shall include a copy of the certificate of appealability and a
copy of the final decision.
(e) If the appellate court accepts review, the certificate
of appealability shall be transmitted to the court of appeals as
part of the certified record.
(f) If a certificate of appealability is denied, review
shall be by the superior court. The superior court's decision
may be appealed to the court of appeals.
[2003 c 393 § 16; 1995 c 382 § 5; 1988 c 288 § 503; 1980 c 76 § 1. Formerly RCW 34.04.133.]
NOTES:
Implementation -- Effective date -- 2003 c 393: See RCW 43.21L.900 and 43.21L.901.