Chapter 2.20
HEARING EXAMINER
Sections:
2.20.010 Creation of office of the hearing examiner.
2.20.020 Appointment and terms.
2.20.030 Qualifications.
2.20.040 Examiner pro-tem.
2.20.050 Conflict of interest – Appearance of fairness.
2.20.060 Freedom from improper influence.
2.20.070 Examiner’s decision or recommendation.
2.20.080 Applications.
2.20.090 Report by department of community services.
2.20.100 Appeals.
2.20.110 Public hearing.
2.20.120 Rules and regulations.
2.20.130 Examiner’s findings.
2.20.140 Reconsideration.
2.20.150 Appeal of examiner’s decision.
2.20.160 Council action.
2.20.010 Creation of office of the hearing examiner.
The office of the hearing examiner, hereinafter referred to as “examiner,” is hereby created. The term examiner shall likewise include any examiner pro-tem.
A. The examiner is an independent office of the city.
B. The examiner is appointed by the mayor, and approved by a majority of the council. (Ord. 1053 § 1, 1998).
2.20.020 Appointment and terms.
The examiner shall serve on such terms and conditions as their contract shall provide. (Ord. 1053 § 2, 1998).
2.20.030 Qualifications.
The examiner shall be appointed solely with regard to his or her qualifications for the duties of the office and will have such training and experience as will qualify the examiner to conduct administrative and quasi-judicial hearings on regulatory proceedings and to discharge such other functions conferred upon the examiner by the city council. The examiner shall hold no other elective or appointive office or position in the city government. (Ord. 1053 § 3, 1998).
2.20.040 Examiner pro-tem.
Any examiner pro-tem shall be appointed by the mayor after consultation with the examiner and shall, in the event of the absence or the inability of the examiner to act, have all the duties and powers of the examiner. (Ord. 1053 § 4, 1998).
2.20.050 Conflict of interest – Appearance of fairness.
A. Participants in the land use regulatory process have the right, insofar as possible, to have the examiner free from personal interest or prehearing contacts on regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal interest or prehearing contact impairs the examiner’s ability to act on the matter, the examiner shall recuse himself or herself from such matter, unless all parties agree in writing to have the matter heard by said examiner.
B. The examiner shall not conduct or participate in any hearing or decision in which the examiner has direct or indirect personal interest which might interfere with his or her decision making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. (Ord. 1053 § 5, 1998).
2.20.060 Freedom from improper influence.
No councilmember, city official or any other person shall attempt to interfere with, or improperly influence, the examiner in the performance of his or her designated duties. (Ord. 1053 § 6, 1998).
2.20.070 Examiner’s decision or recommendation.
A. The examiner’s recommendation or decision may be to grant or deny the application, or the examiner may recommend or require of the applicant such conditions, modifications and restrictions as the examiner finds necessary to make the subject of the application consistent with the objectives and goals of the comprehensive plan, development regulations, critical areas regulations (Chapters 14.05 through 14.12 NBMC), and other ordinances of the city of North Bend.
B. In cases of recommendations, the examiner’s findings and conclusions shall be submitted to the city council, which shall have the final authority. The hearing by the examiner shall constitute the public hearing by the city council. (Ord. 1053 § 39, 1998).
2.20.080 Applications.
Applications for all matters to be heard by the examiner shall be first submitted to the department of community services, which shall accept complete applications. The department shall be responsible for assigning a date of public hearing for each application, which date shall be scheduled in a timely manner after the applicant has complied with all requirements and furnished all necessary data to the department. (Ord. 1053 § 40, 1998).
2.20.090 Report by department of community services.
When such application has been set for public hearing, the department shall coordinate and assemble the comments and recommendations of other city departments and governmental agencies having an interest or authority in the subject application and shall prepare a report summarizing the factors involved and the department’s findings and recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and shall be made available for use by any interested party for the cost of reproduction. In the event the applicant is unable to attend the scheduled hearing, the examiner may, or may not, grant a continuance. (Ord. 1053 § 41, 1998).
2.20.100 Appeals.
When an appeal has been filed with the director or city clerk as prescribed by ordinance, the hearing shall be scheduled pursuant to the appeal procedures set forth in Chapter 20.06 NBMC. (Ord. 1053 § 42, 1998).
2.20.110 Public hearing.
Before rendering a decision or recommendation on any application or appeal, the examiner shall hold one public hearing thereon. Notification of the time and place of the public hearing shall be given as follows:
A. Published and posted notice at least 10 days prior to scheduled hearing; and
B. Mailed notice to all parties of record at least 10 days prior to scheduled hearing. (Ord. 1053 § 43, 1998).
2.20.120 Rules and regulations.
The examiner shall have the authority to prescribe rules and regulations for the conduct of hearings under this chapter, to administer oaths, and to preserve order. (Ord. 1053 § 44, 1998).
2.20.130 Examiner’s findings.
When the examiner renders a decision or recommendation, the examiner shall make and enter written findings and conclusions which support such decision. The findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with applicable laws, regulations and policies of the city of North Bend. The decision or recommendation shall be rendered as soon as possible but in all events within 20 working days of the conclusion of the hearing. (Ord. 1053 § 45, 1998).
2.20.140 Reconsideration.
Any aggrieved person who feels that the decision of the examiner is based on erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written request for reconsideration by the examiner within 10 days of the date the decision is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the examiner may, after review of the record, take further action as he or she deems proper. There may be only one reconsideration request per application. (Ord. 1053 § 46, 1998).
2.20.150 Appeal of examiner’s decision.
The decision of the examiner approving, modifying, or denying an application or an appeal shall be final and conclusive unless a written appeal is filed according to the city’s appeal procedures as set forth in Chapter 20.06 NBMC. (Ord. 1053 § 47, 1998).
2.20.160 Council action.
Any matter requiring action by the city council shall be taken by the adoption of a resolution by the council. When taking any such final action, the council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The city council may adopt all or portions of the examiner’s findings and conclusions. The city council is expressly authorized to condition its approval of any matter, including but not limited to conditions requiring the dedication of land, public improvements, and payment of impact fees authorized by RCW 82.02.020 or any other law or agreement. (Ord. 1053 § 48, 1998).