6462-S

AN ACT Relating to appeals of boundary review board decisions; and amending RCW 36.93.160 and 36.70A.280.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 36.93.160 and 1988 c 202 s 40 are each amended to read as follows:

(1) When the jurisdiction of the boundary review board has been invoked, the board shall set the date, time, and place for a public hearing on the proposal. The board shall give at least thirty days' advance written notice of the date, time, and place of the hearing to the governing body of each governmental unit having jurisdiction within the boundaries of the territory proposed to be annexed, formed, incorporated, disincorporated, dissolved, or consolidated, or within the boundaries of a special district whose assets and facilities are proposed to be assumed by a city or town, and to the governing body of each city within three miles of the exterior boundaries of ((~~such~~)) the area and to the proponent of ((~~such~~)) the change. Notice shall also be given by publication in any newspaper of general circulation in the area of the proposed boundary change at least three times, the last publication of which shall be not less than five days prior to the date set for the public hearing. Notice shall also be posted in ten public places in the area affected for five days when the area is ten acres or more. When the area affected is less than ten acres, five notices shall be posted in five public places for five days. Notice as provided in this subsection shall include any territory which the board has determined to consider adding in accordance with RCW 36.93.150(2).

(2) A verbatim record shall be made of all testimony presented at the hearing and upon request and payment of the reasonable costs thereof, a copy of the transcript of ((~~such~~)) the testimony shall be provided to any person or governmental unit.

(3) The chairman upon majority vote of the board or a panel may direct the chief clerk of the boundary review board to issue subpoenas to any public officer to testify, and to compel the production by him of any records, books, documents, public records, or public papers.

(4) Within forty days after the conclusion of the final hearing on the proposal, the board shall file its written decision, setting forth the reasons therefor, with the board of county commissioners and the clerk of each governmental unit directly affected. The written decision shall indicate whether the proposed change is approved, rejected, or modified and, if modified, the terms of ((~~such~~)) the modification. The written decision need not include specific data on every factor required to be considered by the board, but shall indicate that all standards were given consideration. Dissenting members of the board shall have the right to have their written dissents included as part of the decision.

(5) Unanimous decisions of the hearing panel or a decision of a majority of the members of the board shall constitute the decision of the board and shall not be appealable to the whole board. Any other decision shall be appealable to the entire board within ten days. Appeals shall be on the record, which shall be furnished by the appellant, but the board may, in its sole discretion, permit the introduction of additional evidence and argument. Decisions shall be final and conclusive unless within ((~~ten~~)) thirty days from the date of ((~~said~~)) the action a governmental unit affected by the decision or any person owning real property or residing in the area affected by the decision files ((~~in the superior court a notice of appeal~~)) with the growth planning hearings board for that jurisdiction a notice of appeal. Appeals to the growth planning hearings board are limited to determination of whether the decision is consistent with RCW 36.93.157, 36.93.170, and 36.93.180.

The filing of ((~~such~~)) the notice of appeal within ((~~such~~)) the time limit shall stay the effective date of the decision of the board until such time as the appeal shall have been adjudicated or withdrawn. ((~~On appeal the superior court shall not take any evidence other than that contained in the record of the hearing before the board.~~

(6) The superior court may affirm the decision of the board or remand the case for further proceedings; or it may reverse the decision if any substantial rights may have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

~~(a) In violation of constitutional provisions, or~~

~~(b) In excess of the statutory authority or jurisdiction of the board, or~~

~~(c) Made upon unlawful procedure, or~~

~~(d) Affected by other error of law, or~~

~~(e) Unsupported by material and substantial evidence in view of the entire record as submitted, or~~

~~(f) Arbitrary or capricious.~~

~~An aggrieved party may seek appellate review of any final judgment of the superior court in the manner provided by law as in other civil cases.~~))

Sec. 2. RCW 36.70A.280 and 1991 sp.s. c 32 s 9 are each amended to read as follows:

(1) A growth planning hearings board shall hear and determine only those petitions alleging either: (a) That a state agency, county, or city is not in compliance with the requirements of this chapter, or chapter 43.21C RCW as it relates to plans, regulations, and amendments thereto, adopted under RCW 36.70A.040; ((or)) (b) that the twenty-year growth management planning population projections adopted by the office of financial management ((~~pursuant to~~)) under RCW 43.62.035 should be adjusted; or (c) that a decision of a county boundary review board is not consistent with the requirements of chapter 36.93 RCW.

(2) A petition may be filed only by the state, a county, or city that plans under this chapter, a person who has either appeared before the county or city regarding the matter on which a review is being requested or is certified by the governor within sixty days of filing the request with the board, or a person qualified ((~~pursuant to~~)) under RCW 34.05.530.

(3) For purposes of this section "person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization, or entity of any character.

(4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.

The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.

If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.