General Orders of Division I
In Re: Modified Procedures For Appeals Under The Administrative Procedures Act, Chapter 34.05; the Land Use Petition Act, Chapter 36.7 0C RCW; and the Washington Industrial Safety and Health Act, Chapter 49.17.
THE COURT OF APPEALS OF WASHINGTON
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RE: MODIFIED PROCEDURES FOR APPEALS UNDER
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THE ADMINISTRATIVE PROCEDURES ACT,
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GENERAL COURT ORDER
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CHAPTER 34.05 RCW; THE LAND USE PETITION ACT, CHAPTER 36.70C RCW; RCW;
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FOR THE COURT OF APPEALS
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and THE WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT, CHAPTER49.17 RCW.
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In Re: Modified Procedures For Appeals Under The Administrative Procedures Act, Chapter 34.05; the Land Use Petition Act, Chapter 36.7 0C RCW; and the Washington Industrial Safety and Health Act, Chapter 49.17.
GENERAL ORDER RE: MODIFIED PROCEDURES FOR APPEALS UNDER THE ADMINISTRATIVE PROCEDURES ACT, CHAPTER 34.05 RCW; THE LAND USE PETITION ACT, CHAPTER 36.70C RCW; and THE WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT, CHAPTER49.17 RCW.
WHEREAS this court sits in an appellate capacity, the same position as the superior court sits in appeals under the Administrative Procedures Act, chapter 34.05; the Land Use Petition Act, chapter 36. 70C; and the Washington Industrial Safety and Health Act, chapter 49.17 ; to review appeals arising under these chapters,
WHEREAS the party asserting the invalidity of agency action or local jurisdiction under these chapters continues to bear the burden of showing invalidity before this court, and
WHEREAS the briefing and argument procedures in RAP 10. 2{a), (b), and (d); RAP 10.3(a), (b), and (c); and RAP l l.4(c) do not correspond to the burdens under the AP A, LUP A, and WISHA, and do not adequately facilitate the resolution of issues before this
court under these chapters, and
WHEREAS RAP l.2(c) permits the Court to alter the provisions of the Rules of Appellate Procedure in order to serve the ends of justice; now, therefore, it is hereby
ORDERED that the party filing an appeal in superior court under APA, LUPA, or WISHA shall have responsibility for the opening and reply briefs before our court, and shall be entitled to open and conclude oral argument, whether designated as the appellant or respondent on appeal to this court. In all other respects, the provisions of the rules remain the same and this general order does not affect which party has the obligation to provide the record for appeal.
ORDERED that this order shall be effective for cases with a notice of appeal filed on or after January 5, 2024.
ORDERED that Division Two's General Order 2010-1 is superseded by this general order.
Dated this this 5th day of January, 2024.
Signed by:
Chief Judge Lori Smith, Division I
Chief Judge Rebecca Glasgow, Division II
Chief Judge George Fearing, Division III |
