Chapter 14.35 HEARING EXAMINER

Chapter 14.35
HEARING EXAMINER

Sections:

14.35.010 Chapter purpose.

14.35.020 Office created.

14.35.030 Appointment and terms.

14.35.040 Removal.

14.35.050 Qualifications.

14.35.060 Deputy Examiner duties.

14.35.070 Pro Tem Examiners.

14.35.080 Recommendations to the Council.

14.35.090 Type 3 decisions by the Examiner – Appealable to the Superior Court.

14.35.100 Final decisions by the Examiner.

14.35.110 Notice of appeal to Examiner – Filing.

14.35.120 Dismissal of untimely appeals.

14.35.130 Expeditious processing.

14.35.140 Time limits.

14.35.150 Condition, modification and restriction examples.

14.35.160 Quasi-judicial powers.

14.35.170 Freedom from improper influence.

14.35.180 Public hearing.

14.35.190 Consolidation of hearings.

14.35.200 Prehearing conference.

14.35.210 Report by Department.

14.35.220 Notice.

14.35.230 Rules and conduct of hearings.

14.35.240 Case management techniques.

14.35.250 Examiner findings.

14.35.260 Additional Examiner findings – Reclassifications and shoreline redesignations.

14.35.270 Additional Examiner findings – Preliminary plats.

14.35.280 Additional Examiner findings and recommendations – School capacities.

14.35.290 Written recommendation or decision.

14.35.300 Council action.

14.35.310 Judicial review of final decisions.

14.35.320 Reconsideration of final action.

14.35.330 Citizen’s guide.

14.35.340 Annual report.

14.35.350 Voluntary mediation.

14.35.360 Site-specific land use map amendment.

14.35.010 Chapter purpose.

The purpose of this chapter is to provide a system of considering and applying regulatory devices which will best satisfy the following basic needs:

(1) The need to separate the application of regulatory controls to the land from planning;

(2) The need to better protect and promote the interests of the public and private elements of the community;

(3) The need to expand the principles of fairness and due process in public hearings. (Ord. 41-02 § 2 (20.24.010))

14.35.020 Office created.

The office of Hearing Examiner is created. The Examiner shall act on behalf of the Council in considering and applying adopted City policies and regulations as provided herein. (Ord. 41-02 § 2 (20.24.020))

14.35.030 Appointment and terms.

The Council shall appoint the Examiner to serve in said office for a term of four years or as indicated in the Examiner’s contract. (Ord. 41-02 § 2 (20.24.030))

14.35.040 Removal.

The Examiner or his or her Deputy may be removed from office at any time by the affirmative vote of not less than four members of the Council for just cause. (Ord. 41-02 § 2 (20.24.040))

14.35.050 Qualifications.

The Examiner and his or her Deputy shall be appointed solely with regard to their qualifications for the duties of their office and shall have such training or experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them, and shall hold no other appointive or elective public office or position in government except as provided herein. (Ord. 41-02 § 2 (20.24.050))

14.35.060 Deputy Examiner duties.

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. 41-02 § 2 (20.24.060))

14.35.070 Pro Tem Examiners.

The Chief Examiner may hire qualified persons to serve as Examiner Pro Tempore, as needed, to expeditiously hear pending applications and appeals. (Ord. 41-02 § 2 (20.24.065))

14.35.080 Recommendations to the Council.

(1) The Examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof and issue recommendations, including findings and conclusions to the Council based on the issues and evidence in the record in the following cases:

(a) All Type 4 land use decisions;

(b) Applications for the vacation of City roads;

(c) Appeals of a recommendation by the Department of Community Development to deny the petition for vacation of a City road;

(d) Appeals of a recommendation by the Department of Community Development of the compensation amount to be paid for vacation of a City road;

(e) Other applications or appeals that the Council may prescribe by ordinance.

(2) The Examiner’s recommendation may be to grant or deny the application or appeal, or the Examiner may recommend that the Council adopt the application or appeal with such conditions, modifications and restrictions as the Examiner finds necessary to carry out applicable State laws and regulations and the regulations, including Chapter 43.21C RCW, policies, objectives and goals of the comprehensive plan, the community plan, subarea or neighborhood plans, the zoning code, the subdivision code and other official laws, policies and objectives of. In case of any conflict between the comprehensive plan and a community, subarea or neighborhood plan, the comprehensive plan shall govern. (Amended at request of department 2/08; Ord. 41-02 § 2 (20.24.070))

14.35.090 Type 3 decisions by the Examiner – Appealable to the Superior Court.

(1) The Examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof, and issue decisions on Type 3 land use permit applications, including findings and conclusions, based on the issues and evidence in the record. The decision of the Examiner on Type 3 land use permit applications shall be appealable to Superior Court on the record established by the Examiner as provided by CMC 14.35.290(4).

(2) The Examiner’s decision may be to grant or deny the application, or the Examiner may grant the application with such conditions, modifications and restrictions as the Examiner finds necessary to carry out applicable State laws and regulations, including Chapter 43.21C RCW, and the regulations, policies, objectives and goals of the comprehensive plan, the community plan, subarea or neighborhood plans, the zoning code, the subdivision code and other official laws, policies and objectives of the City. In case of any conflict between the comprehensive plan and a community, subarea or neighborhood plan, the comprehensive plan shall govern. (Ord. 41-02 § 2 (20.24.072))

14.35.100 Final decisions by the Examiner.

(1) The Examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof, and issue final decisions, including findings and conclusions, based on the issues and evidence in the record, which shall be appealable to Superior Court as provided by CMC 14.35.310, or to other designated authority in the following cases:

(a) Appeals from the decisions of the administrator for short subdivisions, including those variance decisions of the City Engineer made pursuant to CMC 12.60.050 with regard to road circulation in the subject short subdivisions;

(b) Appeals of all Type 2 land use decisions with the exception of appeals of shoreline permits including shoreline variances and conditional uses which are appealable to the State Shoreline Hearings Board;

(c) Appeals from citations, notices and orders and stop work orders issued pursuant to Chapter 1.30 CMC or Title 1.08 of the rules and regulations of the Board of Health;

(d) Appeals from decisions regarding the abatement of a nonconformance;

(e) Appeals from notices and certifications of junk vehicles to be removed as a public nuisance as provided in CMC Title 18 and Chapter 1.30 CMC;

(f) Appeals from the Department’s final decisions regarding transportation concurrency, mitigation payment system and intersection standards provisions of CMC Title 12;

(g) Other applications or appeals, which the Council may prescribe by ordinance.

(2) The Examiner’s decision may be to grant or deny the application or appeal, or the Examiner may grant the application or appeal with such conditions, modifications and restrictions as the Examiner finds necessary to make the application or appeal compatible with the environment and carry out applicable State laws and regulations, including Chapter 43.21C RCW, and the regulations, policies, objectives and goals of the comprehensive plan, the community plans, subarea or neighborhood plans, the zoning code, the subdivision code and other official laws, policies and objectives of. In case of any conflict between the comprehensive plan and a community, subarea or neighborhood plan, the comprehensive plan shall govern. (Ord. 10-07 § 6; Ord. 41-02 § 2 (20.24.080))

14.35.110 Notice of appeal to Examiner – Filing.

(1) Except as otherwise provided herein, all notices of appeal to the Examiner shall be filed with the Department issuing the original decision with a copy provided by the Department to the Office of the Hearing Examiner. Except as otherwise provided herein, notice of appeal, together with the required appeal fee as set forth in the current fee resolution, shall be filed within the prescribed appeal period. The appeal period shall be 14 calendar days and shall commence on the third day after the mailing of the notice of decision. In cases of appeals of Type 2 land use decisions made by the Director, the appeal period shall be extended for an additional seven calendar days if WAC 197-11-340(2)(a) applies.

(2) Notices of appeal of the recommendation to deny vacation of a City road by the Department of Community Development, shall be filed along with the required administrative fee with the City Clerk within 30 days of an issuance of said denial.

(3) If a notice of appeal has been filed within the time period provided herein, the Community Development Department staff shall:

(a) Be available within a reasonable time to persons wishing to file a statement of appeal subsequent to an agency ruling, and to respond to queries concerning the facts and process of decision; and

(b) Make available within a reasonable time a complete set of files detailing the facts of the Department ruling in question to persons wishing to file a statement of appeal, subsequent to an agency ruling. If a Department is unable to comply with these provisions, the Hearing Examiner may authorize amendments to a statement of appeal to reflect information not made available to an appellant within a reasonable time due to a failure by a City agency to meet the foregoing requirements. The statement of appeal shall identify the decision being appealed and the alleged errors in that decision. Further, the statement of appeal shall state specific reasons why the decision should be reversed or modified; and the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based principally on matters or issues raised in the statement of appeal. Failure to timely file a notice of appeal, appeal fee or statement of appeal deprives the Examiner of jurisdiction to consider the appeal. (Amended at request of department 2/08; Ord. 20-07 § 60; Ord. 41-02 § 2 (20.24.090))

14.35.120 Dismissal of untimely appeals.

On its own motion, or on the motion of a party, the Examiner shall dismiss an appeal for untimeliness or lack of jurisdiction. (Ord. 41-02 § 2 (20.24.095))

14.35.130 Expeditious processing.

(1) Hearings shall be scheduled by the Examiner to ensure that final decisions are issued within the time periods provided in CMC 14.30.100. 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. 41-02 § 2 (20.24.097))

14.35.140 Time limits.

In all matters where the Examiner holds a hearing on applications under CMC 14.35.080, the hearing shall be completed and the Examiner’s written report and recommendations issued within 21 days from the date the hearing opens, excluding any time required by the applicant or the Department to obtain and provide additional information requested by the Hearing Examiner and necessary for final action on the application consistent with applicable laws and regulations. In every appeal heard by the Examiner pursuant to CMC 14.35.100, the appeal process, including a written decision, shall be completed within 90 days from the date the Examiner’s office is notified of the filing of a notice of appeal pursuant to CMC 14.35.110. When reasonably required to enable the attendance of all necessary parties at the hearing, or the production of evidence, or to otherwise assure that due process is afforded and the objectives of this chapter are met, these time periods may be extended by the Examiner at the Examiner’s discretion for an additional 30 days. With the consent of all parties, the time periods may be extended indefinitely. In all such cases, the reason for such deferral shall be stated in the Examiner’s recommendation or decision. Failure to complete the hearing process within the stated time shall not terminate the jurisdiction of the Examiner. (Ord. 41-02 § 2 (20.24.098))

14.35.150 Condition, modification and restriction examples.

The Examiner is authorized to impose conditions, modifications and restrictions, including but not limited to setbacks, screenings in the form of landscaping or fencing, covenants, easements, road improvements and dedications of additional road right-of-way and performance bonds as authorized by City ordinances. (Ord. 41-02 § 2 (20.24.100))

14.35.160 Quasi-judicial powers.

The Examiner may also exercise administrative powers and such other quasi-judicial powers as may be granted by City ordinance. (Ord. 41-02 § 2 (20.24.110))

14.35.170 Freedom from improper influence.

Individual Council members, City officials or any other person, shall not interfere with or attempt to interfere with the Examiner or Deputy Examiner in the performance of his or her designated duties. (Ord. 41-02 § 2 (20.24.120))

14.35.180 Public hearing.

When it is found that an application meets the filing requirements of the responsible Department or an appeal meets the filing rules, it shall be accepted and a date assigned for public hearing. If for any reason testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the matter shall be continued to the soonest available date. A matter should be heard, to the extent practicable, on consecutive days until it is concluded. For purposes of proceedings identified in CMC 14.35.080 and 14.35.090, the public hearing by the Examiner shall constitute the hearing by the Council. (Ord. 41-02 § 2 (20.24.130))

14.35.190 Consolidation of hearings.

Whenever a project application includes more than one permit, approval or determination for which a public hearing is required or for which an appeal is provided pursuant to this chapter, the hearings and any such appeals may be consolidated into a single proceeding before the Hearing Examiner pursuant to CMC 14.30.020. (Ord. 41-02 § 2 (20.24.140))

14.35.200 Prehearing conference.

A prehearing conference may be called by the Examiner pursuant to this chapter upon the request of a party, or on the Examiner’s own motion. A prehearing conference shall be held in every appeal brought pursuant to this chapter if timely requested by any party. The prehearing conference shall be held at such time as ordered by the Examiner, but not less than seven days prior to the scheduled hearing on not less than seven days’ notice to those who are then parties of record to the proceeding. The purpose of a prehearing conference shall be to identify to the extent possible, the facts in dispute, issues, laws, parties and witnesses in the case. In addition the prehearing conference is intended to establish a timeline for the presentation of the case. The Examiner shall establish rules for the conduct of prehearing conferences.

Any party who does not attend the prehearing conference, or anyone who becomes a party of record after notice of the prehearing conference has been sent to the parties, shall nevertheless be entitled to present testimony and evidence to the Examiner at the hearing. (Ord. 41-02 § 2 (20.24.145))

14.35.210 Report by Department.

When an application or appeal has been set for public hearing, the responsible Department shall coordinate and assemble the reviews of other Departments and governmental agencies having an interest in the application or appeal and shall prepare a report summarizing the factors involved and the Department findings and recommendation or decision. At least seven calendar days prior to the scheduled hearing, the report, and in the case of appeals any written appeal arguments submitted to, shall be filed with the Examiner and copies thereof shall be mailed to all persons of record who have not previously received said materials. (Ord. 41-02 § 2 (20.24.150))

14.35.220 Notice.

(1) Notice of the time and place of any hearing on an application before the Hearing Examiner pursuant to this chapter shall be mailed by first class mail at least 10 calendar days prior to the scheduled hearing date to all persons who commented or requested notice of the hearing. The notice of decision or recommendation required by this division may be combined with the notice of hearing required hereby.

(2) Notice of the time and place of any appeal hearing before the Hearing Examiner pursuant to this chapter shall be mailed to all parties of record by first class mail at least 10 calendar days prior to the scheduled hearing date.

(3) If testimony cannot be completed prior to adjournment on the date set for a hearing, the Examiner shall announce prior to adjournment the time and place said hearing will be continued. (Ord. 41-02 § 2 (20.24.160))

14.35.230 Rules and conduct of hearings.

The Examiner shall adopt rules for the conduct of hearings and for any mediation process consistent with this chapter, within 90 days of the effective date of this division. The rules shall be reviewed by the Council, and remain in effect during this review. Any modifications made by the Council by motion shall be incorporated by the Hearing Examiner, and shall become effective 10 days after adoption of the motion. Such rules shall be published and available upon request to all interested parties. The Examiner shall have the power to issue summons and subpoena to compel the appearance of witnesses and production of documents and materials, to order discovery, to administer oaths, and to preserve order.

To avoid unnecessary delay and to promote efficiency of the hearing process, the Examiner shall limit testimony, including cross examination, to that which is relevant to the matter being heard, in light of adopted County policies and regulations, and shall exclude evidence and cross examination that is irrelevant, cumulative or unduly repetitious. The Examiner may establish reasonable time limits for the presentation of direct oral testimony, cross examination and argument. Any written submittals will be admitted only when authorized by the Examiner under pertinent and promulgated administrative rules. (Ord. 41-02 § 2 (20.24.170))

14.35.240 Case management techniques.

In all matters heard by the Examiner, the Examiner shall use case management techniques to the extent reasonable including: limiting testimony and argument to relevant issues and to matters identified in the prehearing order (if applicable); prehearing identification and submission of exhibits (if applicable); stipulated testimony or facts; prehearing dispositive motions (if applicable); use of Pro Tempore Examiners; and other methods to promote efficiency and to avoid delay. (Ord. 41-02 § 2 (20.24.175))

14.35.250 Examiner findings.

When the Examiner renders a decision or recommendation, he or she shall make and enter findings of fact and conclusions from the record which support the decision and the findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable State laws and regulations and the regulations, policies, objectives and goals of the comprehensive plan, subarea or community plans, the zoning code, the land segregation code and other official laws, policies and objectives of, and that the recommendation or decision will not be unreasonably incompatible with or detrimental to affected properties and the general public. (Ord. 41-02 § 2 (20.24.180))

14.35.260 Additional Examiner findings – Reclassifications and shoreline redesignations.

When the Examiner issues a recommendation regarding an application for a reclassification of property or for a shoreline environment redesignation, the recommendation shall include additional findings that support the conclusion that at least one of the following circumstances applies:

(1) The property is potentially zoned for the reclassification being requested and conditions have been met that indicate the reclassification is appropriate;

(2) An adopted subarea plan or area zoning specifies that the property shall be subsequently considered through an individual reclassification application;

(3) Where a subarea plan has been adopted but subsequent area zoning has not been adopted, that the proposed reclassification or shoreline redesignation is consistent with the adopted subarea plan; or

(4) The applicant has demonstrated with substantial evidence that:

(a) Since the last previous area zoning or shoreline environment designation of the subject property, authorized public improvements, permitted private development or other conditions or circumstances affecting the subject property have undergone substantial and material change not anticipated or contemplated in the subarea plan or area zoning;

(b) The impacts from the changed conditions or circumstances affect the subject property in a manner and to a degree different than other properties in the vicinity such that area rezoning or redesignation is not appropriate. For the purposes of this subsection, “changed conditions or circumstances” does not include actions taken by the current or former property owners to facilitate a more intense development of the property including but not limited to changing tax limitations, adjusting property lines, extending services, or changing property ownership; and

14.35.270 Additional Examiner findings – Preliminary plats.

When the Examiner makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether:

(1) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

(2) The public use and interest will be served by the platting of such subdivision and dedication. (Ord. 41-02 § 2 (20.24.195))

14.35.280 Additional Examiner findings and recommendations – School capacities.

Whenever the Examiner in the course of conducting hearings or reviewing preliminary plat applications receives documentation that the public schools in the district where the development is proposed would not meet the standards set out in CMC 18.75.120 if the development were approved, the Examiner shall remand to the Department of Community Development to require or recommend phasing or provision of the needed facilities and sites as appropriate to address the deficiency, or deny the proposal if required by this chapter. The Examiner shall prepare findings to document the facts that support the action taken. The Examiner shall recommend such phasing as may be necessary to coordinate the development of the housing with the provision of sufficient school facilities, or shall require the provision of the needed facilities. An offer of payment of a school impact fee as required by ordinance shall not be a substitute for the phasing, but the fee is still assessable. The Examiner shall recommend a payment schedule for the fee to coordinate the payment with phasing of an impact mitigation fee if the provision or payment is satisfactory to the district. The Examiner must determine independently that the conditions of approval and assessable fees will provide for adequate schools. (Amended at request of department 2/08; Ord. 41-02 § 2 (20.24.197))

14.35.290 Written recommendation or decision.

(1) Within 10 days of the conclusion of a hearing or rehearing, the Examiner shall render a written recommendation or decision and shall transmit a copy thereof to all persons of record. The Examiner’s decision shall identify the applicant and/or the owner by name and address.

(2) Recommendations of the Examiner in cases identified in CMC 14.35.080 may be appealed to Superior Court by an aggrieved party by filing a notice of appeal with the City Clerk of the within 14 calendar days of the date the Examiner’s written recommendation is mailed.

(3) If no appeal is filed within 14 calendar days, the City Clerk shall place a proposed ordinance which implements the Examiner’s recommended action on the agenda of the next available Council meeting for adoption; provided, that no final action to amend or reverse the Hearing Examiner’s recommendation shall be taken at that meeting and notice to parties shall be given before the adoption of a substitute or amended ordinance which amends or reverses the Examiner’s recommendation; provided further, the Council by motion may refer the matter to a Council committee or remand to the Examiner for the purpose of further hearing, receipt of additional information or further consideration when determined necessary prior to the Council’s taking final action thereon.

(4) Decisions of the Examiner, that are appealable to Superior Court as provided in this chapter shall be final unless appealed to Superior Court by an aggrieved party of record by filing a notice of appeal with the City Clerk within 14 calendar days of the date the Examiner’s written decision is mailed.

(5) Decisions of the Examiner in cases identified in CMC 14.35.100 shall be final and reviewable pursuant to CMC 14.35.310(2). (Ord. 41-02 § 2 (20.24.210))

14.35.300 Council action.

The Council shall take final action on any recommendation of the Examiner and when so doing, it shall make and enter findings of fact and conclusions from the record of the public hearing conducted by the Examiner. The findings and conclusions shall set forth and demonstrate the manner in which the action is consistent with, carries out and helps implement applicable State laws and regulations and the regulations, policies, objectives and goals of the comprehensive plan, the community plans, the zoning code, the subdivision code and other official laws, policies and objectives for the development of the Council may adopt as its own all or portions of the Examiner’s findings and conclusions.

Any ordinance may contain conditions regarding the manner of development or other aspects regarding use of the property including but not limited to dedication of land, provision of public improvements to serve the subdivision, and/or impact fees authorized by Chapter 82.02 RCW.

Any ordinance also may contain reasonable conditions, in accordance with State law and City ordinances, that must be satisfied before the ordinance becomes effective and the official zoning maps shall not be amended until the conditions have been satisfied; provided, the ordinance shall also designate the time period within which any such conditions must be satisfied. All authority pursuant to such ordinance shall expire if any of the conditions are not satisfied within the designated time period and the property shall continue to be subject to all laws, regulations and zoning as if the ordinance had not been adopted; provided, the Council may extend the period for satisfaction of the conditions if, after a public hearing by the Examiner, the Council finds an extension will be in the public interest and the extension was requested by the applicant within the initial time period. As an alternative to the adoption of an ordinance containing conditions, the Council may adopt an ordinance subject to the execution of a concomitant agreement between and the applicant regarding the manner of development of the property, any required improvements or any aspect regarding use of the property. (Ord. 41-02 § 2 (20.24.230))

14.35.310 Judicial review of final decisions.

(1) Decisions of the Council in cases identified in CMC 14.35.080, shall be final and conclusive action unless within 21 calendar days from the date of the Council’s adoption of an ordinance an appeal is filed in Superior Court, State of Washington, for the purpose of review of the action taken; provided, no development or related action may occur during the 21-day appeal period.

(2) Decisions of the Examiner in cases identified in CMC 14.35.090 and 14.35.100 shall be a final and conclusive action unless within 21 calendar days from the date of issuance of the Examiner’s decision an aggrieved person files an appeal in Superior Court, State of Washington, for the purpose of review of the action taken; provided, no development or related action may occur during the 21-day appeal period; provided further, that the 21-day appeal period from Examiner decisions on appeals of threshold determinations or the adequacy of a final EIS shall not commence until final action on the underlying proposal.

(3) Prior to filing an appeal of a final decision for a conditional use permit or special use permit, requested by a party that is licensed or certified by the Washington State Department of Social and Health Services or the Washington State Department of Corrections, an aggrieved party (other than a County, City or town) must comply with the mediation requirements of Chapter 35.63 RCW (Chapter 119, Laws of 1998). The time limits for appealing a final decision are tolled during the mediation process. (Ord. 41-02 § 2 (20.24.240))

14.35.320 Reconsideration of final action.

(1) Any final action by Council or Hearing Examiner may be reconsidered by the Council or Examiner, respectively if:

(a) The action was based in whole or in part on erroneous facts or information;

(b) The action when taken failed to comply with existing laws or regulations applicable thereto; or

(c) An error of procedure occurred which prevented consideration of the interests of persons directly affected by the action.

(2) The Examiner shall reconsider a final decision pursuant to the rules of the Hearing Examiner.

(3) Authority of the Council and Examiner to reconsider does not affect the finality of a decision when made. (Ord. 41-02 § 2 (20.24.250))

14.35.330 Citizen’s guide.

The Examiner shall issue a citizen’s guide on the office of Hearing Examiner including making an appeal or participating in a hearing. (Ord. 41-02 § 2 (20.24.310))

14.35.340 Annual report.

The Chief Examiner shall prepare an annual report to the Council detailing the length of time required for hearings in the previous 12 months, categorized both on average and by type of proceeding. The report shall provide commentary on Examiner operations and identify any need for clarification of City policy or development regulations. The annual report shall be presented to the Council by March 1st of each year. (Ord. 41-02 § 2 (20.24.320))

14.35.350 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 County 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 County employee or any person who will have any role in making any recommendation or decision on the application or appeal. The mediation shall be conducted in accordance with rules of mediation prepared by the Hearing Examiner. (Ord. 41-02 § 2 (20.24.330))

14.35.360 Site-specific land use map amendment.

Upon initiation of a site-specific land use map amendment to the comprehensive plan pursuant to CMC 14.25.040, the Hearing Examiner shall conduct a public hearing to consider the report and recommendation of the Department and to take testimony and evidence relating to the proposed amendment. The Hearing Examiner may consolidate hearings pursuant to CMC 14.35.190 to the extent practical. Following the public hearing, the Hearing Examiner shall complete a report within 30 days which contains written findings and conclusions regarding the proposed amendment’s qualification for annual review consideration, and consistency or lack of consistency with the applicable review criteria. An annual report containing all site-specific land use map amendment reports which have been completed shall be compiled by the Hearing Examiner and submitted to the Council by January 15th of the following year. (Ord. 41-02 § 2 (20.24.400))