Chapter 2.25
HEARING EXAMINER
Sections:
2.25.010 Purpose.
2.25.020 Office created.
2.25.030 Appointment.
2.25.035 Removal.
2.25.040 Qualifications.
2.25.050 Compensation.
2.25.052 Deputy Examiner.
2.25.054 Pro Tem Examiners.
2.25.056 Clerk.
2.25.060 Freedom from improper influence.
2.25.070 Conflict of interest.
2.25.080 Hearing Examiner rules.
2.25.090 Duties of the Examiner.
2.25.100 Expeditious processing.
2.25.105 Voluntary mediation.
2.25.110 Report to Planning Commission and City Council.
2.25.120 Citizen’s guide.
2.25.010 Purpose.
The purpose of this chapter is to establish a system of administrative hearings which will satisfy the need for a more prompt opportunity for a hearing and decision on certain administrative decisions, appeals, alleged violations of certain provisions of the Covington Municipal Code, and such other regulations as may be assigned to the Hearing Examiner, and to help assure procedural due process and appearance of fairness by holding such hearings before a neutral party, competent in applying the applicable provisions of the Covington Municipal Code and procedural requirements. (Ord. 01-09 § 2; Ord. 39-97 § 1)
2.25.020 Office created.
Pursuant to Chapters 35A.63 and 58.17 RCW, the office of the Hearing Examiner is hereby created. The term “Examiner” shall include Deputy Examiner or Examiner Pro Tem. The Examiner shall act on behalf of the Council in considering and applying adopted City policies and regulations as provided herein. (Ord. 01-09 § 2; Ord. 39-97 § 2)
2.25.030 Appointment.
The Examiner, Deputy Examiner, and any Pro Tem Examiners will be appointed by, and serve at the pleasure of, the City Manager. (Ord. 01-09 § 2; Ord. 39-97 § 3)
2.25.035 Removal.
The Examiner may be removed from office at any time pursuant to the terms of his or her contract with the City. (Ord. 01-09 § 2)
2.25.040 Qualifications.
The Examiner shall be appointed solely with regard to his or her qualifications for the duties of the office as outlined in CMC 2.25.090. In addition, the Examiner shall have such training or experience as will qualify him or her to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon him or her and shall hold no other appointive or elective public office or position in City of Covington government, except as provided herein. A clear, working knowledge of the State law is required. (Ord. 01-09 § 2; Ord. 39-97 § 4)
2.25.050 Compensation.
The Examiner is a contract position. Compensation will be as negotiated between the City and Examiner. Compensation may be renegotiated as allowed by the Examiner’s contract with the City. (Ord. 01-09 § 2; Ord. 39-97 § 5)
2.25.052 Deputy Examiner.
The Deputy shall assist the Examiner in the performance of the duties conferred upon the Examiner by ordinance 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. 01-09 § 2)
2.25.054 Pro Tem Examiners.
The City Manager may appoint qualified persons to serve as Examiners Pro Tem, as needed, to expeditiously hear pending applications and appeals. (Ord. 01-09 § 2)
2.25.056 Clerk.
A clerk shall be present during hearings. It shall be the responsibility of the clerk to maintain the register of parties of record, to mark exhibits, to keep a list of exhibits and witnesses, and to perform such other ministerial duties as may be assigned by the Examiner. (Ord. 01-09 § 2)
2.25.060 Freedom from improper influence.
No person shall attempt to influence an Examiner in any matter pending before him, except publicly at a public hearing duly called for such purpose, or to interfere with an Examiner in the performance of his duties in any other way; provided, that this section will not prohibit the City Attorney from rendering legal services to the Examiner. (Ord. 01-09 § 2; Ord. 39-97 § 6)
2.25.070 Conflict of interest.
(1) No Examiner shall conduct or participate in any hearing, decision or recommendation in which the Examiner has a direct or indirect substantial financial or familiar interest, or concerning which the Examiner has had substantial prehearing contacts with proponents or opponents wherein the issues were discussed; nor, on appeal from or review of an Examiner decision, shall any member of the legislative body who has such an interest or has had such contacts participate in the consideration thereof. This is not intended to prohibit necessary or proper inquiries on matters such as scheduling, but any such contacts are to be entered into the official record of the hearing. Whenever possible, such inquiries and the responses to such inquiries shall be in writing.
(2) The office of the Examiner will be separate from and not a part of any department in the City. (Ord. 01-09 § 2; Ord. 39-97 § 7)
2.25.080 Hearing Examiner rules.
The Council will approve and adopt rules for the scheduling and conduct of public hearings and other procedural matters related to the duties of the Examiner. The Examiner may review and comment on any proposed changes to the Hearing Examiner rules before they are brought before the Council for consideration. The Council will adopt the Hearing Examiner rules by resolution. Whenever the Council approves new Hearing Examiner rules, a notice that changes to the rules have occurred shall be published in the City’s official newspaper and the new rules shall be made available upon request to all interested parties. (Ord. 01-09 § 2; Ord. 39-97 § 8)
2.25.090 Duties of the Examiner.
The Examiner shall have the duty to ensure a fair and impartial hearing, to take all necessary action to avoid undue delay in the disposition of proceedings, to receive and evaluate available information, to conduct public hearings and prepare a record thereof, to enter findings, decisions, or recommendations as provided in this chapter, and to maintain order. The Examiner shall have all the powers necessary to these ends, including, but not necessarily limited to, the following:
(1) Administer oaths and affirmations, determine the order of presentation of evidence, issue subpoenas, examine witnesses, rule upon offers of proof, receive relevant evidence, and request additional exhibits;
(2) Rule on procedural matters, objections and motions, and regulate the course of the hearing in accord with this chapter and other applicable ordinances;
(3) Hold conferences for the settlement, simplification of the issues, or for any other proper purposes by consent of the parties;
(4) Take actions necessary to conduct a fair and orderly hearing;
(5) Take any other action authorized by ordinance.
The Examiner is hereby empowered to act in lieu of the Board of Adjustment, the Planning Commission, and such other official, boards or commissions as may be assigned, for issues listed throughout the CMC, and other issues authorized by the City Council. Wherever existing ordinances, codes or policies authorize or direct the Board of Adjustment, Planning Commission or other officials, boards or commissions to undertake certain activities which the Examiner has been assigned, such ordinances, codes or policies will be construed to refer to the Examiner. (Ord. 01-09 § 2; Ord. 20-99 § 1; Ord. 39-97 § 9)
2.25.100 Expeditious processing.
(1) Hearings shall be scheduled by the Examiner to ensure that final decisions are issued within the time periods provided in Chapter 14.30 CMC. During periods of time when the volume of permit activity is high, the Examiner shall retain one or more Pro Tem Examiners to ensure that the 120-day time period for final decisions is met.
(2) Appeals shall be processed by the Examiner as expeditiously as possible, giving appropriate consideration to the procedural due process rights of the parties. Unless a longer period is agreed to by the parties, or the Examiner determines that the size and scope of the project is so compelling that a longer period is required, a prehearing conference or a public hearing shall occur within 45 days from the date the office of the Hearing Examiner is notified that a complete statement of appeal has been filed. In such cases where the Examiner has determined that the size and scope warrant such an extension, the reason for the deferral shall be stated in the Examiner’s recommendation or decision. The time period may be extended by the Examiner at the Examiner’s discretion for not more than 30 days. (Ord. 01-09 § 2)
2.25.105 Voluntary mediation.
As to any application or appeal pursuant to this chapter which is or could become the subject of a public hearing, the responsible department, the Council or the Hearing Examiner may at their own discretion or at the request of the applicant or any person with standing to the application or appeal, at any state of the proceedings on the application or appeal, initiate a mediation process to resolve disputes as to such application or appeal. The mediation process shall be voluntarily agreed to by all participants to the hearing process and conducted by an independent impartial mediator who shall not be a City employee or any person who will have any role in making any recommendation or decision on the application or appeal. (Ord. 01-09 § 2)
2.25.110 Report to Planning Commission and City Council.
The Examiner must report in writing to the Planning Commission and City Council at least annually for the purpose of reviewing the administration of the land use policies and regulatory ordinances, and any amendments to City ordinances or other policies or procedures which would improve the performance of the Examiner process. Such report must include a summary of the Examiner’s decisions since the last report. (Ord. 01-09 § 2; Ord. 39-97 § 11)
2.25.120 Citizen’s guide.
The Examiner shall issue a citizen’s guide on the office of Hearing Examiner including guidance on how to make an appeal or participate in a hearing. (Ord. 01-09 § 2)