WAC 371-08-330   Board decision making on appeals.  The number of board members required to make a decision on a case differs depending on the type of case.

     (1) Short-board appeals. Pursuant to RCW 43.21B.305, an appeal that involves a penalty of fifteen thousand dollars or less imposed by the department of ecology, another state agency or an air pollution control authority may be heard by a single member of the board. Such appeals are called short-board appeals. The decision of that single member shall be the final decision of the entire board.

     (2) Full-board appeals. All other types of appeals are called full-board appeals. The chairperson may assign a single member to hold the hearing in a full-board appeal; however, at least two members shall review the record and issue a decision. Two members of the board shall constitute a quorum for making a decision and may act although one position on the board is vacant or one board member is unavailable.

     (3) Administrative appeals judges. For both full-board and short-board cases, the chairperson may appoint an administrative appeals judge from the environmental hearings office to be the presiding officer.



[Statutory Authority: Chapters 43.21B, 34.05 RCW, RCW 43.21B.305. 08-03-045, § 371-08-330, filed 1/10/08, effective 2/10/08. Statutory Authority: RCW 43.21B.170. 96-15-003, § 371-08-330, filed 7/3/96, effective 8/3/96.]