Chapter 14.60


14.60.010    General.

14.60.020    Responsibility of the director.

14.60.030    Presentation of evidence.

14.60.040    Record of hearing – Content.

Code reviser’s note: Ordinance 1505 did not include BLMC 14.40.040 through 14.40.060. BLMC 14.40.070 in the ordinance has been editorially renumbered to prevent gaps in numbering.

14.60.010 General.

A. Public hearings on all Type 3 and 4 permit applications shall be conducted in accordance with this chapter.

B. Public hearings conducted by the hearing examiner shall also be subject to the hearing examiner’s rules. (Ord. 1505 § 6, 2015).

14.60.020 Responsibility of the director.

The director shall:

A. Schedule project applications for review and public hearing;

B. Provide the required notice;

C. Prepare the staff report on the application, which shall be a single report which sets forth all of the decisions made on the proposal as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall also describe any mitigation required or proposed under the city’s development regulations or SEPA authority. If the threshold determination, other than a determination of significance, has not been issued previously by the city the report shall include or append this determination;

D. Prepare the notice of decision and mail a copy of the notice of decision to those entitled by this title to receive the decision. (Ord. 1505 § 6, 2015).

14.60.030 Presentation of evidence.

A. Except for hearings on appeals of administrative decisions, any person may testify. In hearings on appeals from director decisions, testimony shall be limited to witnesses designated by the director, witnesses designated by the appellant, and witnesses designated by any person granted the right of intervention by the hearing examiner.

B. All reasonably probative (material and relevant) evidence will be permitted. The judicial rules of evidence shall not be strictly applied. The hearing examiner may accord such weight to the evidence as is deemed appropriate.

C. The hearing examiner may take official notice of commonly known and accepted information, such as:

1. Ordinances, resolutions, rules, officially adopted development standards, and state law;

2. Public records and facts judicially noticeable by law.

D. The hearing examiner has the authority to call witnesses and request written evidence in order to obtain the information necessary to make a decision. The hearing examiner may request written comment from and the appearance of the designated representative of any city department that has an interest in or may affect an application for a proposed use.

E. The hearing examiner may require that testimony be given under oath or affirmation.

F. The hearing examiner may allow the cross-examination of witnesses.

G. The hearing examiner may impose reasonable limitations on the number of witnesses to be heard and the nature and length of their testimony to avoid repetitious or irrelevant testimony, expedite the hearing, or avoid continuation of the hearing.

H. No testimony or oral statement regarding the substance or merits of an application is allowable after the close of the public hearing. No documentary material submitted after the close of the hearing will be considered by the hearing examiner unless additional time to submit such material has been granted and all parties are given an opportunity to review the material and file rebuttal material or argument. (Ord. 1505 § 6, 2015).

14.60.040 Record of hearing – Content.

A. The hearing examiner shall establish and maintain a record of all proceedings and hearings conducted including a sound recording which shall be transcribed as necessary.

B. The record of a hearing conducted by the hearing examiner shall include, but is not limited to, the following contents:

1. The written application or appeal;

2. The names and addresses of all participants;

3. The director’s written report;

4. All evidence received or considered by the hearing examiner;

5. The decision or recommendation of the hearing examiner;

6. Tape recordings of all proceedings; and

7. Records of notice given of the hearing. (Ord. 1505 § 6, 2015).