Chapter 17.87
HEARING EXAMINER
Sections:
17.87.010 Purpose.
17.87.020 Creation.
17.87.030 Appointment.
17.87.040 Qualifications.
17.87.050 Removal.
17.87.060 Freedom from improper influence.
17.87.070 Conflict of interest and appearance of fairness.
17.87.080 Rules.
17.87.090 Duties.
17.87.100 Public hearings.
17.87.110 Powers.
17.87.120 Report of department.
17.87.130 Decision.
17.87.140 Notice of decision.
17.87.150 Appeals.
17.87.010 Purpose.
The purpose of this chapter is to establish a quasi-judicial hearing system that will ensure procedural due process and appearance of fairness in public hearings and will provide an efficient and effective hearing process for quasi-judicial matters. (Ord. 1084 § 3, 2000).
17.87.020 Creation.
The office of the hearing examiner is hereby created. The hearing examiner shall perform the duties and functions specified in this chapter, together with such other quasi-judicial duties and functions as may be delegated by the mayor and the city council. Unless the context requires otherwise, the term “hearing examiner” shall include any hearing examiner pro tem who may be appointed. (Ord. 1084 § 3, 2000).
17.87.030 Appointment.
The hearing examiner shall be appointed by the mayor, subject to a majority vote by the city council. The terms of the hearing examiner’s employment shall be specified by a professional service contract. The mayor may also appoint a hearing examiner pro tem, who shall serve in the event of absence or disqualification of the hearing examiner. (Ord. 1084 § 3, 2000).
17.87.040 Qualifications.
The hearing examiner shall be appointed solely with regard to his or her qualifications to perform the duties of the office, and will have such training and experience as will qualify the hearing examiner to conduct administrative and quasi-judicial hearings on regulatory enactments and to discharge such other functions conferred upon the hearing examiner by the mayor or city council. The hearing examiner shall hold no other elected or appointed office in the city government. (Ord. 1084 § 3, 2000).
17.87.050 Removal.
The hearing examiner may be removed from office for cause by the mayor, subject to a majority vote of the city council. However, such removal shall not affect the ability of the hearing examiner to complete any cases already provided a public hearing. (Ord. 1084 § 3, 2000).
17.87.060 Freedom from improper influence.
No person, including city officials, elected or appointed, shall attempt to influence a hearing examiner, interfere in any matter pending before the examiner, or engage in any ex parte communications with the hearing examiner, except at a public hearing duly called for the purpose of hearing testimony. This section shall not prohibit the city attorney from rendering legal service to the hearing examiner upon request. (Ord. 1084 § 3, 2000).
17.87.070 Conflict of interest and appearance of fairness.
(1) The hearing examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal, financial, or familial interest that may influence the hearing examiner or interfere with the decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties and the city immediately upon discovery. The hearing shall then be conducted by a hearing examiner pro tem.
(2) The appearance of fairness doctrine, as specified in Chapter 42.36 RCW, shall apply to all proceedings conducted by the examiner, and may result in the examiner’s disqualification when necessary. (Ord. 1084 § 3, 2000).
17.87.080 Rules.
The hearing examiner shall have the power to prescribe rules and regulations for the scheduling and conduct of hearings and other procedural matters related to the duties of the office. (Ord. 1084 § 3, 2000).
17.87.090 Duties.
The hearing examiner is vested with the duty and authority to:
(1) Hold public hearings and render decisions as prescribed by SMC 17.80.130, Table of land use procedures.
(2) Hear challenges to code interpretations made by the planning director. In these cases, the decision of the hearing examiner shall be final.
(3) Hear cases and appeals related to code enforcement or police activities.
(4) Perform other regulatory, enforcement, or quasi-judicial functions as conferred upon the hearing examiner by the mayor or the city council or as required by ordinance. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000).
17.87.100 Public hearings.
Where public hearings are required by state statute or city code, the examiner shall hold at least one such hearing prior to rendering a decision on any matter. All testimony at any such hearing shall be given under oath. (Ord. 1084 § 3, 2000).
17.87.110 Powers.
The examiner shall have the authority to:
(1) Receive and examine available information;
(2) Conduct public hearings and prepare a record thereof;
(3) Administer oaths and affirmations;
(4) Examine witnesses;
(5) Regulate the course of the hearing;
(6) Make and enter decisions;
(7) Hold, at the hearing examiner’s discretion, conferences for the settlement of simplification of issues;
(8) Dispose of procedural requests or similar matters; and
(9) Take any other action authorized by or necessary to carry out this chapter. (Ord. 1084 § 3, 2000).
17.87.120 Report of department.
(1) The planning director shall be responsible for the preparation of a report to the hearing examiner that summarizes the factors involved and the department’s findings and recommendations. Comments, reports, and recommendations from other departments, advisory boards and commissions, and agencies shall be coordinated and assembled among departments and agencies in preparation of the report.
(2) At least seven calendar days prior to the scheduled hearing, the report shall be filed with the hearing examiner and made available for public inspection at City Hall. A copy shall be mailed to the applicant. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000).
17.87.130 Decision.
Within 15 calendar days after the conclusion of a hearing, unless a longer period is agreed to by the applicant in writing or on record at the hearing, the hearing examiner shall render a written decision, which shall include at a minimum:
(1) Findings of fact based upon the record and conclusions therefrom which support the decision;
(2) Whether the application is approved, approved with conditions or modifications, remanded to the applicant for modification, or denied;
(3) A statement indicating the procedure and time limits for appeal. (Ord. 1084 § 3, 2000).
17.87.140 Notice of decision.
Within five calendar days following the rendering of a written decision, copies thereof shall be mailed to the applicant and other parties of record in the case. (Ord. 1084 § 3, 2000).
17.87.150 Appeals.
Appeals of hearing examiner decisions shall be allowed, pursuant to SMC 17.80.090 and 17.80.130. (Ord. 1084 § 3, 2000).