- (1) Dispositive motions on a limited record to determine the board's statutory authority to consider the matter, 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) compliance.
- (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.
- (3) The 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.
- (4) Unless the order on dispositive motions is a final order pursuant to WAC 242-03-030(9), no motion for reconsideration will be allowed.
[Statutory Authority: RCW 36.70A.270. WSR 25-07-032, s 242-03-555, filed 3/11/25, effective 4/11/25. Statutory Authority: RCW 36.70A.270(7). WSR 21-17-069, § 242-03-555, filed 8/12/21, effective 9/12/21; WSR 11-13-109, § 242-03-555, filed 6/21/11, effective 7/22/11.]