(1) There is created an environmental hearings
office of the state of Washington. The environmental hearings
office shall consist of the pollution control hearings board
created in RCW 43.21B.010, the forest practices appeals board
created in RCW 76.09.210, the shorelines hearings board created
in RCW 90.58.170, the environmental and land use hearings board
created in chapter 43.21L RCW, and the hydraulic appeals board
created in *RCW 77.55.170. The chair of the pollution control
hearings board shall be the chief executive officer of the
environmental hearings office. Membership, powers, functions,
and duties of the pollution control hearings board, the forest
practices appeals board, the shorelines hearings board, and the
hydraulic appeals board shall be as provided by law.
(2) The chief executive officer of the environmental
hearings office may appoint an administrative appeals judge who
shall possess the powers and duties conferred by the
administrative procedure act, chapter 34.05 RCW, in cases before
the boards comprising the office. The administrative appeals
judge shall have a demonstrated knowledge of environmental law,
and shall be admitted to the practice of law in the state of
Washington. Additional administrative appeals judges may also be
appointed by the chief executive officer on the same terms.
Administrative appeals judges shall not be subject to chapter 41.06 RCW.
(3) The administrative appeals judges appointed under
subsection (2) of this section are subject to discipline and
termination, for cause, by the chief executive officer. Upon
written request by the person so disciplined or terminated, the
chief executive officer shall state the reasons for such action
in writing. The person affected has a right of review by the
superior court of Thurston county on petition for reinstatement
or other remedy filed within thirty days of receipt of such
written reasons.
(4) The chief executive officer may appoint, discharge, and
fix the compensation of such administrative or clerical staff as
may be necessary.
(5) The chief executive officer may also contract for
required services.
[2003 c 393 § 18; 2003 c 39 § 22; 1999 c 125 § 1; 1990 c 65 § 1; 1986 c 173 § 3; 1979 ex.s. c 47 § 2.]
NOTES:
Reviser's note: *(1) RCW 77.55.170 was recodified as RCW 77.55.301 pursuant to 2005 c 146 § 1001.
(2) This section was amended by 2003 c 39 § 22 and by 2003 c
393 § 18, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Implementation -- Effective date -- 2003 c 393: See RCW 43.21L.900 and 43.21L.901.
Intent -- 1979 ex.s. c 47: "It is the intent of the
legislature to consolidate administratively the pollution control
hearings board, the forest practices appeals board, and the
shorelines hearings board into one agency of state government
with minimum disturbance to these boards. It is not the intent
of the legislature in consolidating these boards to change the
existing membership of these boards.
All full-time employees of the pollution control hearings
board and the full-time employee of the forest practices appeals
board shall be full-time employees of the environmental hearings
office without loss of rights. Property and obligations of these
boards and the shorelines hearings board shall be property and
obligations of the environmental hearings office." [1979 ex.s. c
47 § 1.]