(1) The board shall review the decision record and all
such evidence as is permitted to supplement the record for review
restricted to the decision record or is required for de novo
review under RCW 43.21L.120. The board may grant relief only if
the party seeking relief has carried the burden of establishing
that one of the standards set forth in (a) through (f) of this
subsection has been met. The standards are:
(a) The body or officer that made the permit decision
engaged in unlawful procedure or failed to follow a prescribed
process, unless the error was harmless;
(b) The permit decision is an erroneous interpretation of
the law, after allowing for such deference as is due the
construction of a law by an agency with expertise;
(c) The permit decision is not supported by evidence that is
substantial when viewed in light of the whole record before the
board;
(d) The permit decision is a clearly erroneous application
of the law to the facts;
(e) The permit decision is outside the authority or
jurisdiction of the body or officer making the decision; or
(f) The permit decision violates the constitutional rights
of the party seeking relief.
(2) The board may affirm or reverse each and every permit
decision under review or remand the decision for modification or
further proceedings involving the permit agencies.
[2003 c 393 § 14.]