34.05.518 - Direct review by court of appeals.

Direct review by court of appeals.

(1) The final decision of an administrative agency in an adjudicative proceeding under this chapter may, except as otherwise provided in *chapter 43.21L RCW, be directly reviewed by the court of appeals either (a) upon certification by the superior court pursuant to this section or (b) if the final decision is from an environmental board as defined in subsection (3) of this section, upon acceptance by the court of appeals after a certificate of appealability has been filed by the environmental board that rendered the final decision.

     (2) For direct review upon certification by the superior court, an application for direct review must be filed with the superior court within thirty days of the filing of the petition for review in superior court. The superior court may certify a case for direct review only if the judicial review is limited to the record of the agency proceeding and the court finds that:

     (a) Fundamental and urgent issues affecting the future administrative process or the public interest are involved which require a prompt determination;

     (b) Delay in obtaining a final and prompt determination of such issues would be detrimental to any party or the public interest;

     (c) An appeal to the court of appeals would be likely regardless of the determination in superior court; and

     (d) The appellate court's determination in the proceeding would have significant precedential value.

     Procedures for certification shall be established by court rule.

     (3)(a) For the purposes of direct review of final decisions of environmental boards, environmental boards include those boards identified in RCW 43.21B.005 and the growth management hearings board as identified in RCW 36.70A.250.

     (b) An environmental board may issue a certificate of appealability if it finds that delay in obtaining a final and prompt determination of the issues would be detrimental to any party or the public interest and either:

     (i) Fundamental and urgent statewide or regional issues are raised; or

     (ii) The proceeding is likely to have significant precedential value.

     (4) The environmental board shall state in the certificate of appealability which criteria it applied, explain how that criteria was met, and file with the certificate a copy of the final decision.

     (5) For an appellate court to accept direct review of a final decision of an environmental board, it shall consider the same criteria outlined in subsection (3) of this section, except as otherwise provided in *chapter 43.21L RCW.

     (6) The procedures for direct review of final decisions of environmental boards include:

     (a) Within thirty days after filing the petition for review with the superior court, a party may file an application for direct review with the superior court and serve the appropriate environmental board and all parties of record. The application shall request the environmental board to file a certificate of appealability.

     (b) If an issue on review is the jurisdiction of the environmental board, the board may file an application for direct review on that issue.

     (c) The environmental board shall have thirty days to grant or deny the request for a certificate of appealability and its decision shall be filed with the superior court and served on all parties of record.

     (d) If a certificate of appealability is issued, the parties shall have fifteen days from the date of service to file a notice of discretionary review in the superior court, and the notice shall include a copy of the certificate of appealability and a copy of the final decision.

     (e) If the appellate court accepts review, the certificate of appealability shall be transmitted to the court of appeals as part of the certified record.

     (f) If a certificate of appealability is denied, review shall be by the superior court. The superior court's decision may be appealed to the court of appeals.

[2010 c 211 § 15; 2003 c 393 § 16; 1995 c 382 § 5; 1988 c 288 § 503; 1980 c 76 § 1. Formerly RCW 34.04.133.]

Notes: *Reviser's note: Chapter 43.21L RCW was repealed in its entirety pursuant to 2010 c 210 § 46 and 2010 1st sp.s. c 7 § 37.

Effective date -- Transfer of power, duties, and functions -- 2010 c 211: See notes following RCW 36.70A.250.