Wash. Rev. Code » Title 43 · Chapter 43.21B

Wash. Rev. Code § 43.21B.240

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The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act, chapter 34.05 RCW. Such hearings shall be held by the pollution control hearings board.
[ 1989 c 175 s 105; 1987 c 109 s 9; 1970 ex.s. c 62 s 54.]

Notes:

Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Notes of Decisions
Cited in 4 cases, 1992–2000 · leading case: Postema v. Pollution Control Hearings Bd.
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Postema v. Pollution Control Hearings Bd. (2000) wash “Here, Postema had the opportunity to present his own evidence. The evidence presented at the hearing led to the change in Ecology's position.”
Postema v. Pollution Control Hearings Board (2000) wash “Here, Postema had the opportunity to present his own evidence. The evidence presented at the hearing led to the change in Ecology’s position.”
Den Beste v. Pollution Control Hearings Board (1996) washctapp “Further, as stated by applicants, because the Department is prohibited by RCW 43.21B.240 from conducting adjudicative proceedings on water rights applications, it is not possible for anyone, except perhaps an applicant, to become a "party” to these proceedings in the traditional…”
Puget Sound Air Pollution Control Agency v. Fields Products, Inc. (1992) washctapp “RCW 43.21B.240 specifically provides that air authorities do not have the authority to hold adjudicative proceedings.”
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