Revised Code of Washington

Wash. Rev. Code § 43.21B.160 (2026)

✓ current as of May 2026
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In all appeals, the hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the Administrative Procedure Act. The hearings board, and each member thereof, shall be subject to all duties imposed upon, and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings. In the case of appeals within the jurisdiction of the hearings board, the hearings board, or any member thereof, may obtain such assistance, including the making of field investigations, from the staff of the director as the hearings board, or any member thereof, may deem necessary or appropriate. Any communication, oral or written, from the staff of the director to the hearings board shall be presented only in an open hearing.
[ 1995 c 382 s 2; 1990 c 65 s 5; 1989 c 175 s 103; 1974 ex.s. c 69 s 3; 1970 ex.s. c 62 s 46.]

Notes:

Effective date1989 c 175: See note following RCW 34.05.010.
Notes of Decisions
Cited in 4 cases, 1999–2019 · leading case: Motley-Motley, Inc. v. State, 110 P.3d 812 (Wash. Ct. App. 2005).
Motley-Motley, Inc. v. State, 110 P.3d 812 (Wash. Ct. App. 2005). “RCW 43.21B.160. From this statutory scheme, we conclude PCHB has the implied authority to do everything lawful and necessary to provide for the expeditious and efficient disposition of DOE appeals.”
Motley-Motley, Inc. v. Pollution Control Hearings Bd., 127 Wash. App. 62 (Wash. Ct. App. 2005). “RCW 43.21B.160. From this statutory scheme, we conclude PCHB has the implied authority to do everything lawful and necessary to provide for the expeditious and efficient disposition of DOE appeals.”
Inland Foundry Co. v. Spokane Cnty. Air Pollution Control Auth., 989 P.2d 102 (Wash. Ct. App. 1999). “” RCW 43.21B.160 (emphasis added). The PCHB can review only questions of the application of rules and regulations in a particular case.”
Am. Waterways Operators, Resp v. Pollution Control Hearings Bd.,et Al, App, 435 P.3d 856 (Wash. Ct. App. 2019). · cites it 3× “RCW 43.21B.160. The “[Board] can only review questions of the application of rules and regulations in a particular case.”
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