Revised Code of Washington
Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.
43.21B.320 - Stays of orders.

RCW 43.21B.320
Stays of orders.

(1) A person appealing to the hearings board an order, not stayed by the issuing agency, may obtain a stay of the effectiveness of that order only as set forth in this section.
(2) An appealing party may request a stay by including such a request in the appeal document, in a subsequent motion, or by such other means as the rules of the hearings board shall prescribe. The request must be accompanied by a statement of grounds for the stay and evidence setting forth the factual basis upon which request is based. The hearings board shall hear the request for a stay as soon as possible. The hearing on the request for stay may be consolidated with the hearing on the merits.
(3) The applicant may make a prima facie case for stay if the applicant demonstrates either a likelihood of success on the merits of the appeal or irreparable harm. Upon such a showing, the hearings board shall grant the stay unless the issuing agency demonstrates either (a) a substantial probability of success on the merits or (b) likelihood of success on the merits and an overriding public interest which justifies denial of the stay.
(4) Unless otherwise stipulated by the parties, the hearings board, after granting or denying an application for a stay, shall expedite the hearing and decision on the merits.
(5) Any party or other person aggrieved by the grant or denial of a stay by the hearings board may petition the superior court for Thurston county for review of that decision pursuant to chapter 34.05 RCW pending the appeal on the merits before the board. The superior court shall expedite its review of the decision of the hearings board.

[ 2010 c 210 § 14; 1987 c 109 § 7.]
NOTES:

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


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.