Chapter 2.23
HEARING EXAMINER
Sections:
2.23.020 Appointment and Terms.
2.23.050 Standards of Conduct.
2.23.010 Office Established.
There is established an office of hearing examiner. The office of the examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the planning division. Unless the context requires otherwise, the term examiner as used in this chapter shall include deputy examiners and examiners pro-tem.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.020 Appointment and Terms.
The board of county commissioners shall appoint the examiner and any deputy examiners after consideration of the recommendation of the joint hearing examiner committee created by and pursuant to the Intergovernmental Agreement for the Mutual Use of Hearing Examiner Services entered into by and between the city of Yakima and Yakima County, Washington, for terms which shall be reviewed one year following the date of original appointment and thereafter be reviewed four years following the date of each reappointment. The board may also appoint examiners pro-tem to serve in the event of absence or inability to act of the examiner and deputy examiners.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1 (part), 1986).
2.23.030 Qualifications.
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the city of Yakima or the county of Yakima.
(Ord. 8-1985 §1(part), 1986).
2.23.040 Removal.
An examiner may be removed from office for cause by majority vote of the board after consideration of a recommendation as to removal or nonremoval from the joint hearing examiner committee.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.050 Standards of Conduct.
(1) No person, including city or county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before the examiner, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of duties in any other way; provided, that an official or employee of the city of Yakima or Yakima County may, in the performance of official duties, provide information to the examiner when the action is disclosed at the hearing or meeting. This section shall not prohibit rendering of legal services to the examiner or to the board.
(2) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have a direct or indirect financial or personal interest or in which such conduct or participation shall violate any rule of law applicable thereto.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.060 Rules.
The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of the office in accordance with RCW 36.70.970.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.070 Time Computation.
In computing any period of time prescribed by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a county legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday or county legal holiday. When the period of time prescribed or allowed is less than seven days, the intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.080 Duties and Powers.
The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances including but not limited to the following land use and adult entertainment facility licensing matters:
(1) Matters prescribed by Titles 16, 16B, 16C, 16D, 19, and 21 of this code; and
(2) Matters prescribed by Chapter 5.06 of this code.
Decisions of the examiner on such matters are final unless this code specifies that they are recommendations to the board. The provisions of this section designating and assigning the hearing examiner the duties and functions listed in this chapter shall supersede any and all conflicting provisions of this code.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 10-2019 (Exh. 1) (part), 2019: Res. 80-2016 (Exh. A) (part), 2016; Ord. 8A-2010 § 1, 2011: Ord. 8-96 § 1, 1996: Ord. 8-1985 §1(part), 1986).
2.23.090 Applications.
Applications for recommendations and decisions by the examiner shall be made to the county planning division (hereinafter referred to as the “division”). The division shall accept such applications only if applicable filing requirements are met. The division, in coordination with the hearing examiner, shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the statute or ordinance governing the application.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.100 Reserved.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.110 Reserved.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.120 Examiner’s Decision.
Within ten working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. The examiner’s decision together with findings, conclusions, and record of proceedings shall be filed with the division. If the effect of the decision is a recommendation to the board, the Administrative Official shall transmit it to the board.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.130 Reserved.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.140 Reserved.
(Ord. 2-2022 §3 (Exh. 1), 2022; Res. 80-2016 (Exh. A) (part), 2016; Ord. 8A-2010 § 2, 2011: Ord. 8-1985 §1(part), 1986).
2.23.150 Reserved.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.160 Reserved.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.170 Reserved.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 8-1985 §1(part), 1986).
2.23.180 Reserved.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 11-2009 § 2, 2010: Ord. 8-1985 §1(part), 1986).