WAC 371-08-391. Consolidation

(1) The presiding officer may consolidate appeals when consolidation will: (a) Expedite disposition of the appeals; (b) Avoid duplication of testimony; and (c) Not prejudice the rights of the parties. (2) Where multiple permits for the same underlying clean energy project, as defined in RCW 43.158.010 , are appealed to one or more of the environmental boards, as identified in RCW 43.21B.005 , the presiding officer shall consolidate the appeals for hearing when: (a) Appeals of permits related to the same underlying project are either: (i) Filed within 60 days of each other; or (ii) If not filed within 60 days of each other and the board issues a stay of the appeal following the permit applicant's request. Such a stay must include a stay of the construction of the project pending appeal pursuant to RCW 43.21B.320 , to allow other anticipated appeals of permits for the same underlying project to be filed to accommodate consolidation. The board may set a deadline after which an appeal may proceed in the absence of other permit appeals in order to ensure efficient resolution of appeals; or (b) The presiding officer determines the criteria in subsection (1) of this section have been met.