Chapter 3.50
HEARINGS AND APPEALS

Sections:

3.50.010    Availability of administrative appeal.

3.50.010 Availability of administrative appeal.

A. Any user, permit applicant, permit holder (for purposes of this section, a “user”) affected by any decision, enforcement action or determination made by WCW, interpreting or implementing the provisions of this title or in any permit issued herein, may file with the general manager written request for reconsideration of a staff decision, action or determination within 30 days of notification of said staff decision, action or determination. The written request for reconsideration shall detail facts supporting the user’s request and such facts shall include a statement listing all relevant facts which shall be considered including such facts as may not have been known or available to WCW at the date of such action. The general manager will render a decision on the request for reconsideration within 45 days of receipt of the request, unless the general manager requests additional information from WCW staff or the user. The general manager will concur with, modify, or rescind the action, decision, or determination previously made or may grant a show cause hearing regarding such decision, action, or determination. If the general manager fails to act within 45 days, the request shall be deemed denied.

B. If the ruling on the request for reconsideration made by the general manager is unacceptable, the user may, within 45 days after the date of notification of the general manager’s determination, file a written request for appeal to the WCW board. The written appeal shall state all pertinent aspects of the matter, and shall be accompanied by a fee of $1,000, which shall be refunded if the appeal is sustained. A user shall not have a right to an appeal to the WCW board unless the user has complied with the procedures concerning the request for reconsideration by the WCW general manager as set forth above.

C. The board, an employee or officer of WCW, or a designated independent third party may conduct the hearing and take evidence. WCW will not, as a matter of course, provide for stenographic or audio recording of the hearing; however, the user may provide for such stenographic or audio recordation at its own expense. The hearing examiner or examiners shall conduct a hearing on any appeal filed pursuant to this chapter and shall afford the user the opportunity to appear personally or through counsel, to cross-examine witnesses and present evidence. Notice will be provided to the user specifying the time and place of the hearing. A notice for a show cause hearing will set forth the violation, the reasons why an action is to be taken, the proposed enforcement action, and such other information as will notify the user of the nature of the hearing. The user has the burden of proof to demonstrate that the proposed action should not be taken or that the decision, action or determination previously made should be rescinded or modified. A notice of hearing will be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service of the notice may be made on an agent of the user or officer of the user’s business entity.

D. WCW may order any user who violates any of the provision(s) of this chapter, or permit condition(s), to appear before a designated hearing officer to show cause why a proposed enforcement action should not be taken.

E. The hearing examiner or examiners shall submit a written report and recommendations to the board together with a brief summary of the evidence considered and the conclusions reached with respect to the evidence. The board, after considering the evidence presented at a hearing before the board or report submitted to it by the hearing examiner, shall adopt findings supported by the evidence and shall make its decision and issue its order. The board may adopt, reject, or modify the report of the hearing examiner in whole or in part.

F. No decision, action, or determination of the general manager shall be stayed by any appeal procedure authorized under this chapter. [Ord. 2023-003 § 10.010]