Chapter 18.20
HEARING EXAMINER
Sections:
18.20.010 Authority.
18.20.020 Appointment.
18.20.030 Powers and duties.
18.20.040 Removal.
18.20.050 Ex parte communications.
18.20.060 Conflict of interest.
18.20.010 Authority.
The hearing examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.70B.120(3) and Chapter 58.17 RCW et seq. (Ord. 09-023 § 1, 2009; Ord. 07-015 § 4, 2007).
18.20.020 Appointment.
A. The hearing examiner is appointed by the city manager with regard only for qualifications for the duties of the office. The city manager alternatively may contract for hearing examiner services or may appoint one or more hearing examiners pro tem.
B. The qualifications for the office of hearing examiner include a license to practice law in the state of Washington, expertise in land use law and planning and the training and experience necessary to conduct administrative or quasi-judicial hearings and to issue decisions and recommendations on land use planning and regulatory matters. (Ord. 09-023 § 1, 2009).
18.20.030 Powers and duties.
A. The hearing examiner shall be under the administrative supervision of the city manager.
B. The hearing examiner shall have the following powers and duties:
1. Annually provide a written report to the city manager, city council and director of the community development department that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations.
2. Upon request, meet with the city manager, city council or director of community development department to discuss the written report.
3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decisions or recommendations.
4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to:
a. Conduct pre-hearing conferences;
b. Require the submittal of information;
c. Schedule and continue hearings;
d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings;
e. Receive evidence and cause preparation of the record;
f. Regulate the course of hearings and the conduct of the parties and their agents;
g. Maintain order during the hearing process;
h. Render decisions and issue written findings and conclusions;
i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and
j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the UDC or state law.
5. The hearing examiner shall hear the following matters:
a. Variances;
b. Conditional use permits;
c. Special use permits;
d. Conditional use permits and variances under the shoreline master program;
e. Preliminary plats;
f. Appeals from any administrative decision of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation;
g. Appeals on State Environmental Policy Act (SEPA) determinations;
h. Site-specific zone changes of property, including any environmental determination (under SEPA);
i. Planned unit developments, including any environmental determination (under SEPA); and
j. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring that the decision of the hearing examiner can be appealed to the city council.
6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B.
7. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 SVMC. (Ord. 09-023 § 1, 2009; Ord. 07-015 § 4, 2007. Formerly 18.20.020).
18.20.040 Removal.
The hearing examiner or hearing examiner pro tem may be removed by the city manager without cause; or, if serving under a contract, according to the terms or upon its expiration. (Ord. 09-023 § 1, 2009).
18.20.050 Ex parte communications.
A. No person may communicate ex parte, directly or indirectly, with the hearing examiner. The hearing examiner may not communicate ex parte with opponents or proponents of any application unless the hearing examiner makes the substance of such communication part of the public record and provides the opportunity for any party to rebut the substance of such communication as provided by law. The hearing examiner may reopen the hearing record prior to a final decision to address such matters.
B. This section does not prohibit ex parte communication regarding procedural matters, communication by the hearing examiner with his/her staff or the city attorney’s office, communication by the hearing examiner for the sole purpose of conveying information regarding the specifics of an application, or communication by the hearing examiner with city departments for the purpose of obtaining information or clarification, so long as the information or clarification received by the hearing examiner is made part of the record. (Ord. 09-023 § 1, 2009).
18.20.060 Conflict of interest.
The hearing examiner may not participate in a public hearing or decision-making process where such participation would constitute a conflict of interest pursuant to Chapter 42.23 RCW. Similarly, the hearing examiner may not participate in a public hearing or decision-making process where such participation would violate the appearance of fairness doctrine, set forth in Chapter 42.36 RCW, unless the parties to such hearing or decision consent to or waive their right to object to such participation. (Ord. 09-023 § 1, 2009).