Chapter 2.120
HEARING EXAMINER
Sections:
2.120.010 Purpose.
2.120.020 Hearing examiner – Office created – Duties.
2.120.030 Appointment and term.
2.120.040 Qualifications.
2.120.050 Freedom from improper influence.
2.120.060 Conflict of interest.
2.120.070 Rules.
2.120.080 Powers.
2.120.090 Requests for remission and appeals.
2.120.100 Collection of costs and penalties.
2.120.010 Purpose.
The purpose of this chapter is to establish a system for regulatory appeals hearings that will satisfy the following basic needs:
A. A prompt opportunity for a hearing and decision on alleged violations of Chapters 6.05, 8.15, 8.20, 9.70, 10.10, 10.35 and 16.15 MTMC regulations and such other regulations as may be assigned to the Hearing Examiner;
B. To help ensure procedural due process and appearance of fairness by holding such hearings before a neutral party, competent in the fields assigned and in procedural requirements. (Ord. 2456 § 1, 2007; Ord. 2386 § 1, 2005; Ord. 2371 § 1, 2004; Ord. 2291 § 1, 2001).
2.120.020 Hearing examiner – Office created – Duties.
The office of the Mountlake Terrace Hearing Examiner, hereinafter referred to as the Hearing Examiner, is hereby created. The Hearing Examiner shall interpret, review and render decisions on contested/appealed violations as provided by ordinance and may perform other quasi-judicial functions as may be delegated by ordinance. Unless the context requires otherwise, the term “Hearing Examiner” as used in this chapter shall include deputy examiners and examiners pro tem. (Ord. 2291 § 1, 2001).
2.120.030 Appointment and term.
The City Manager shall appoint the Hearing Examiner who shall serve until the appointment is revoked. Compensation for the services to be rendered shall be negotiated through contract. The City Manager may also appoint deputy Hearing Examiner or Hearing Examiner pro tem in the event of the Hearing Examiner’s absence or inability to act. (Ord. 2291 § 1, 2001).
2.120.040 Qualifications.
The Hearing Examiner shall be appointed solely with regard to his/her qualifications for the duties of his/her office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings and to discharge other delegated functions. Provided, however, the Hearing Examiner must be qualified to practice law in the State of Washington. Hearing Examiners shall hold no other elective or appointive office or position within the City of Mountlake Terrace. (Ord. 2291 § 1, 2001).
2.120.050 Freedom from improper influence.
No person, including City officials, elected or appointed, shall attempt to influence a Hearing Examiner in any matter pending before him or her, except at a public hearing duly called for such purpose, or to interfere with a Hearing Examiner in the performance of his or her duties in any other way; provided, that this section shall not prohibit the City Attorney from rendering legal service to the Hearing Examiner upon request. (Ord. 2291 § 1, 2001).
2.120.060 Conflict of interest.
The Hearing Examiner shall be subject to the same code of ethics as other appointed public officers in code cities, as set forth in RCW 35.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended. (Ord. 2291 § 1, 2001).
2.120.070 Rules.
The Hearing Examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his or her office subject to the provisions herein. (Ord. 2291 § 1, 2001).
2.120.080 Powers.
The Hearing Examiner shall have the authority to:
A. Receive and examine available information;
B. Conduct public hearings in accordance with Chapter 42.32 RCW and all other applicable law, and to prepare a record thereof;
C. Administer oaths and affirmations;
D. Issue subpoenas upon the request of any party. When so required, the applicant for the subpoena shall show to the satisfaction of the examiner the general relevance and reasonable scope of the evidence sought and examine witnesses; provided, that no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law;
E. Regulate the course of the hearing;
F. Make and enter written findings of fact and conclusions to support his or her decisions;
G. At the Hearing Examiner’s discretion, hold conferences for the settlement or simplification of the issues;
H. Conduct discovery;
I. Dispose of procedural requests or similar matters;
J. Take official notice of matters of law or material facts;
K. Issue summary orders in supplementary proceedings;
L. Decide appeals, mitigation, or contested hearings of civil penalties imposed and “notice and orders” and declarations issued pursuant to Chapters 6.05, 8.15, 8.20, 9.70, 10.10, 10.35, and 16.15 MTMC, and impose orders to enforce such decisions;
M. Decide requests to remit civil penalties imposed;
N. Consolidate hearings of appeals or requests to remit civil penalties when they cover the same occurrence or property.
1. Remission or Mitigation of Civil Penalties.
a. The Hearing Examiner shall uphold and not remit a civil penalty if the City shows by the preponderance of the evidence that the appellant is liable under the provision that was violated.
b. The appellant may assert as an affirmative defense that extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty, justify the remission or mitigation. If the appellant shows by preponderance of evidence that this is the case, the Hearing Examiner may remit a civil penalty. In no case shall the Hearing Examiner have the authority to remit or mitigate a civil penalty below the minimum penalty set by resolution or ordinance.
O. Take any other action authorized by or necessary to carry out this chapter.
The above authority may be exercised on all matters for which jurisdiction is assigned to the Hearing Examiner by City ordinance, code or other legal action of the City Council. (Ord. 2456 § 2, 2007; Ord. 2386 § 2, 2005; Ord. 2371 § 2, 2004; Ord. 2291 § 1, 2001).
2.120.090 Requests for remission and appeals.
A. Remission of Civil Penalties. Within 15 calendar days of the effective date of a notice and order or other order that includes a civil penalty, the person incurring the penalty may appeal in writing to the Violation Bureau in the case of an alleged violation of Chapter 8.15 MTMC, Chapter 8.20 MTMC and Chapter 10.10 MTMC for remission or mitigation of such civil penalty or contest the violation.
B. Appeal of Notice and Order or Declarations Issued. Within 15 calendar days of the effective date of a notice and order or declaration issued, the owner of the property for which the order was issued or any other person who is subject to the order may file an appeal of the order or declaration in writing to the Violation Bureau.
C. Within 10 days of receipt of the written request or appeal received by the Violation Bureau or Chief of Police as allowed by ordinance, the Violation Bureau or Chief of Police receiving the written request or appeal shall notify the Hearing Examiner, the owner of the property for which the order was issued, and any other person who appealed the order of the date, time and place of hearing. The notification of hearing shall be sent to the person who was issued the citation or to the owner of the property for which the order was issued and the person appealing the order, if different than the property owner, by certified mail with return receipt requested. The notices shall be mailed at least 10 days before the hearing date. A written declaration of mailing shall be made a part of the record declaring the date and time of mailing. The hearing shall be held within 60 days of
receipt of the written request for a hearing unless all parties agree to another date. (Ord. 2291 § 1, 2001).
2.120.100 Collection of costs and penalties.
Any civil penalty, or cost imposed, assessed, or billed under this chapter, may be collected by any means authorized by this chapter or otherwise authorized by law. Under this chapter, the City is authorized to collect these penalties, fees, or costs by billing the responsible party, requesting payment by other legal means, turning the debt over to a collection agency, filing a civil lawsuit, or filing a lien as may be authorized by ordinance or state law. (Ord. 2291 § 1, 2001).