Current through Register Vol. 22-07, April 1, 2022
(1) Dispositive motions on a limited record
to determine the board's jurisdiction, the standing of a petitioner, or the
timeliness of the petition are permitted. The board rarely entertains a motion
for summary judgment except in a case of failure to act by a statutory deadline
or a procedural challenge to the State Environmental Policy Act (SEPA)
(2) Dispositive motions
and responses shall be filed by the dates established in the prehearing order.
The board may refuse to hear a motion that is not timely filed, except where
good cause is shown.
presiding officer, taking into consideration the complexity and finality of the
issues raised, may, in the presiding officer's discretion, request a reply
brief from the moving party, schedule a telephonic hearing for argument of the
motion or may defer the board's consideration of the motion until the hearing
on the merits.
Unless the order
on dispositive motions is a final order pursuant to WAC
no motion for reconsideration will be allowed.
Wash. Admin. Code §
21-17-069, Filed 8/12/2021, effective
§ 242-03-555, filed 6/21/11, effective