Chapter 2.60HEARINGS EXAMINER

Sections:

2.60.010
Purpose.
2.60.020
Creation of hearings examiner office.
2.60.030
Appointment.
2.60.040
Qualifications.
2.60.050
Compensation.
2.60.060
Authority.
2.60.070
Conflict of interest, appearance of fairness and freedom from improper influence.
2.60.080
Duties of the examiner.
2.60.090
Procedures.
2.60.100
Hearing conduct.
2.60.010Purpose.

The purposes of this chapter are to establish a hearing examiner system to review certain type of project permits and appeals in the city of Cle Elum, to ensure procedural due process, to provide greater separation from the legislative decisions on land use regulations and administration of land use regulations, and to provide for a process that is effective for such matters as may be assigned to the hearing examiner’s jurisdiction.

(Ord. 1138 § 1, 2001)

2.60.020Creation of hearings examiner office.

The office of hearings examiner of the city of Cle Elum, hereinafter referred to as “examiner,” is hereby created.

(Ord. 1138 § 1, 2001)

2.60.030Appointment.

The examiner shall be appointed by the mayor, subject to confirmation by the city council. Such appointment may be in one-year increments and may be by professional service contract.

(Ord. 1138 § 1, 2001)

2.60.040Qualifications.

The examiner shall be appointed solely with regard to his or her qualifications and experience to carry out the duties of the office, including conducting administrative and quasi-judicial hearings on regulatory enactments and to discharge the other functions granted thereto. Examiners shall hold no other elective or appointive office or position in city government.

(Ord. 1138 § 1, 2001)

2.60.050Compensation.

The examiner shall be engaged by written contract, and shall be compensated on such basis, whether hourly or by case as the city council may determine in approving the contract. The estimated amount for the examiner to conduct any hearing and make a decision or recommendation on any matter shall be included in the fee deposit required by CEMC 16.48, and it shall be the responsibility of the applicant for any permit, approval, or appeal to pay for the actual cost of the examiner’s service unless otherwise determined by the city council.

(Ord. 1138 § 1, 2001)

2.60.060Authority.

The authority of the examiner to make hearings and make decisions or recommendations is prescribed in other titles of the Cle Elum Municipal Code. The city council may also grant to the examiner the authority to hear special cases or issues not otherwise granted by this title.

(Ord. 1138 § 1, 2001)

2.60.070Conflict of interest, appearance of fairness and freedom from improper influence.

A. No examiner may conduct or participate in any hearing in which the examiner has a direct or indirect personal or financial interest in which might interfere with the examiner’s ability to make a fair and impartial decision or recommendation. Actual or potential conflict of interest shall be disclosed to the city, the applicant and other parties upon discovery of such conflict. If a conflict of interest is present the remainder of the issue being considered by the examiner shall be conducted by a different examiner or body.

B. No person shall attempt to interfere with or improperly influence the examiner in the performance of his or her designated duties.

C. The Appearance of Fairness Doctrine, RCW 42.36 as amended, shall apply to all proceedings performed by the examiner.

(Ord. 1138 § 1, 2001)

2.60.080Duties of the examiner.

The examiner shall receive and examine available information, conduct public hearings and enter findings of fact and conclusions of law, together with a decision or recommendation, as prescribed by other titles of this code.

(Ord. 1138 § 1, 2001)

2.60.090Procedures.

The examiner shall follow the procedures ordinance established by Chapter 17.100 in the performance of his or her established duties.

(Ord. 1138 § 1, 2001)

2.60.100Hearing conduct.

The examiner may establish reasonable procedural and conduct rules for public hearings not inconsistent with any other provision of Cle Elum Municipal Code.