Revised Code of Washington
Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.
43.21B.310 - Appeal of orders.

RCW 43.21B.310
Appeal of orders.

(1) The issuing agency in its discretion may stay the effectiveness of any order that has been appealed to the board during the pendency of such an appeal.
(2) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21B.320 to the hearings board for a stay of the order or for the removal thereof.
(3) Upon failure to comply with any final order of the department, the attorney general, on request of the department, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary, including injunctive relief, to ensure compliance with the order. The air authorities may bring similar actions to enforce their orders.
(4) An appealable decision or order shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed only by filing an appeal with the hearings board and serving it on the issuing agency within thirty days of the date of receipt.

[ 2010 c 210 § 13. Prior: 2009 c 456 § 18; 2009 c 178 § 3; 2004 c 204 § 5; prior: 2001 c 220 § 4; 2001 c 36 § 3; 1992 c 73 § 3; 1989 c 2 § 14 (Initiative Measure No. 97, approved November 8, 1988); (1987 3rd ex.s. c 2 § 49 repealed by 1989 c 2 § 24, effective March 1, 1989); 1987 c 109 § 6.]
NOTES:

Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.


Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.


Effective dates—1992 c 73: See RCW 82.23B.902.


Short title—Construction—Existing agreements—Effective date—1989 c 2: See RCW 70A.305.900 and 70A.305.902 through 70A.305.904, respectively.


Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.

43.21B.001 - Definitions.

43.21B.005 - Environmental and land use hearings office created—Composition—Administrative appeals judges—Contracts for services—Public access to rulings, decisions, and orders.

43.21B.010 - Pollution control hearings board created—Purpose.

43.21B.020 - Members—Qualifications—Appointment.

43.21B.030 - Members—Terms—Filling vacancies, term.

43.21B.040 - Removal of member, procedure—As disqualification for reappointment.

43.21B.050 - Governor to determine basis for operation—Compensation if part-time basis, limitation—Reimbursement of travel expenses.

43.21B.060 - Restrictions upon conduct while member and upon termination of membership.

43.21B.080 - Chair, biennial election of.

43.21B.090 - Principal office—Quorum—Hearings—Board powers and duties.

43.21B.100 - Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information.

43.21B.110 - Pollution control hearings board jurisdiction.

43.21B.130 - Administrative procedure act to apply to appeal of board rules and regulations—Scope of board action on decisions and orders of others.

43.21B.160 - Appeals—Generally.

43.21B.170 - Proceedings conducted in accordance with published board rules and regulations.

43.21B.175 - Mediation.

43.21B.180 - Judicial review—Right of review of decisions pursuant to RCW 43.21B.110.

43.21B.230 - Appeals of agency actions.

43.21B.240 - Department—Air authorities—Adjudicative proceedings, may not conduct.

43.21B.250 - Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.

43.21B.260 - Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.

43.21B.300 - Penalty procedures.

43.21B.305 - Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.

43.21B.310 - Appeal of orders.

43.21B.320 - Stays of orders.

43.21B.330 - Summary procedures.

43.21B.900 - Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.