HomeMy WebLinkAboutSHB95-44 Order for Mediation - SHX Letters / Memos - 9/27/1995 I BEFORE THE SHORELINES HEARINGS BOARD
2 STATE OF WASHINGTON
3 DOUGLAS J. NEYHART, )
4 )
Appellant, ) SHB NO. 95-44
5 � )
V. ) ORDER FOR MEDIATION
6 )
STATE OF WASHINGTON, )
7 DEPARTMENT OF ECOLOGY, )
8
Respondent. )
9 )
10 I
11 Douglas J. Ne hart "Ne hart" appellant, represented b Richard T. Hoss of Hoss and
g Y ( Y )� PP � p Y ,
12
Wilson-Hoss; and the Department of Ecology ("Ecology"), respondent, represented by Assistant
13
14 Attorney General, have requested mediation of this matter. In addition,they have agreed to
15 cancellation of the January 16, 1996 hearing date, and waiver of the 180 day deadline for the
16 Shorelines Hearings Board("Board") to issue decisions.
17
II
18
Laws of 1995, ch. 347, §310,p. 1595 requires the Board to issue any decision on an
19
20 appeal to it under the Shoreline Management Act("SMA") within 180 days of the date of the
21 filing of the appeal. That enactment allows the parties to waive this deadline. ,
22
"3
2.1
25
26
ORDER FOR MEDIATION
27 SHB 95-44 1
x
1 III
2 Based on the foregoing, the Board issues this:
3
ORDER
4
5 1. The hearing date is continued to Thursday,March 7 and 8, 1996. The first day
6 of the hearing will commence at 9:00 a.m. in or near Belfair, Washington. The parties shall
7 attempt to obtain the local fire hall for the hearing that day. The second day of the hearing will
S
commence at 9:00 a.m., in the Board's Hearing Room in Lacey, Washington.
9
2. The 180 day deadline for the Board to issue its decision is fully waived by the
10
11 parties. This means that should that deadline require that the above hearing dates be needed for
12 another shoreline case,the Board shall adjust the hearing date of this case so that it complies with
13 the Laws of 1995, ch. 347, §, p. 1595. The Board recognizes that time is of the essence in
14
hearing and deciding all shoreline appeals. Therefore, except for the possibility that another
15
shoreline case should require a continuance of the hearing date,the Board shall not grant any
16
17 further continuances in this case, except under extraordinary circumstances .
is 3. This case is assigned to Administrative Appeals Judge, Phyllis Macleod, for
19 mediation. She will make arrangements with the parties for the mediation, and, if necessary,will
`o reschedule the pre-hearing conference, currently set for October 16, 1995, at 9:00 a.m.,in the
21
Board's Hearing Room in Lacey. Robert V. Jensen will remain as the Presiding Officer for the
22
3 pre-hearing conference and hearing.
`'4
25
6 ORDER FOR MEDIATION
27 SHB 95-44 2
Pollution Control Hearings Board E stArF o� (360)459-632
SI.orelines Hearings Board o° t (FAX)(360)438-769
Forest P-adiceslAppeals Board
Hydraulics Appeals Board r
Oy
yy� IPP9 a
STATE OF WASHINGTON
ENVIRONMENTAL HEARINGS OFFICE,�
4224 -6th Avenue SE, Bldg. 2, Rowe Six
P.O. Box 40903, Lacey, WA 98504-0903 s
Nits
C
nnAMt�:
September 27, 1995
Richard T. Hoss Mark Jobson
HOSS & WILSON-HOSS Assistant Attorney General
236 West Birch Street Department of Ecology
Shelton WA 98584 PO Box 40117
Olympia, WA 98504-0117
RE: SHB NO. 95-44
DOUGLAS J. NEYHART v. ECOLOGY (Penalty No. DE 95-SH-217)
Dear Parties:
Enclosed is an Order for Mediation in this matter.
Sincerely,
7
Robert V. Jen en
Presiding
RVJ/jg/neyhart
Enc.
cc: Don Bales - Shorelands
Mason County
I r".^:led a co
r.::a addresses list;;1 t,':.
is a receptacle for Un` d
at L
.....:i 1t:,
ace , A o L2.)
1 DONE this clay of September, 1995.
2 SHORELINES HEARINGS BOARD
3
4
R BERT V. JE1V EN, Presiding
5 S 95-44M
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2 3
�-
24
`'5V
26 I !ORDER FOR MEDIATION
27 SHB 95-44 3