Chapter 2.18
HEARING EXAMINER
Sections:
2.18.020 Hearing examiner—Office created—Duties.
2.18.030 Hearing examiner—Appointment.
2.18.040 Hearing examiner—Qualifications.
2.18.050 Hearing examiner—Removal from office.
2.18.060 Hearing examiner—Freedom from improper influence.
2.18.070 Hearing examiner—Conflict of interest.
2.18.080 Hearing examiner—Prescription of rules for hearings.
2.18.090 Hearing examiner—Powers.
2.18.100 Land use issues—Report of planning department.
2.18.130 Reconsideration by examiner.
2.18.140 Appeal of examiner’s decision.
2.18.170 Report to and meeting with planning commission and city council.
2.18.010 Purpose.
The purpose of this chapter is to establish a system of land use regulatory hearings which will satisfy the following basic needs:
A. A more prompt opportunity for a hearing and decision on alleged violations of land use regulations, and such other regulations as may be assigned to the hearing examiner;
B. To provide an efficient and effective system for deciding variances and appeals from administrative decisions;
C. To help ensure procedural due process and appearance of fairness by holding such hearings before a neutral party, competent in the fields of land use and procedural requirements;
D. To assign quasi-judicial and administrative determination as may have been delegated to the board of adjustment to the hearing examiner. (Ord. 2147 § 1 (part), 2005).
2.18.020 Hearing examiner—Office created—Duties.
Pursuant to Chapters 35A.63 and 58.17 RCW, the office of hearing examiner, referred to in this chapter as “examiner,” is created. The examiner shall interpret, review and implement land use regulations and such other duties as may be assigned. The term “examiner” as used in this chapter shall include any deputy examiners, examiners pro tem or substitute examiners. (Ord. 2147 § 1 (part), 2005).
2.18.030 Hearing examiner—Appointment.
A. Appointment to the office of examiner or examiners pro tem (i.e., substitute) shall be made by the city manager.
B. The hearing examiner shall be employed on a yearly contract basis, to be negotiated with the city manager or his/her designee. A list of examiners pro tem shall be established and used on an as-needed basis. Examiners pro tem shall be paid on an hourly basis as negotiated with the city. Prior to entering into a contract for the first year of service the hearing examiner contract shall be subject to approval by a majority of the city council. (Ord. 2154 § 1 (part), 2005: Ord. 2147 § 1 (part), 2005).
2.18.040 Hearing examiner—Qualifications.
A. Examiners shall be attorneys in good standing with the Washington State Bar Association and have demonstrated experience in land use law or have ten years’ experience in land use planning or public administration with extensive training and experience in land use issues.
B. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings or regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in the city of Centralia. (Ord. 2154 § 1 (part), 2005: Ord. 2147 § 1 (part), 2005).
2.18.050 Hearing examiner—Removal from office.
An examiner may be removed from office for cause by the mayor with concurrent majority vote of the city council. (Ord. 2147 § 1 (part), 2005).
2.18.060 Hearing examiner—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 shall not prohibit the city attorney from rendering legal services to the examiner. (Ord. 2147 § 1 (part), 2005).
2.18.070 Hearing examiner—Conflict of interest.
A. In order to assure an appearance of fairness in matters considered by the examiner or by the council on appeal, no person shall have an ex parte (one-sided) contact with the examiner or council regarding such matter, and no person, including government officials and employees, shall attempt to interfere with or influence the examiner or council outside a public hearing.
B. 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 pre-hearing 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.
C. These rules on conflict of interest are 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. (Ord. 2147 § 1 (part), 2005).
2.18.080 Hearing examiner—Prescription of rules for hearings.
The examiner shall prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. Such rules shall provide for rebuttal, and may authorize the examiner to limit the time allowed to parties testifying on an equal basis, and time limits on rebutting. Any person desiring to question other parties testifying at the hearing shall direct such questions to the examiner, who shall rule on whether or not such questions are to be answered and who shall answer them. (Ord. 2147 § 1 (part), 2005).
2.18.090 Hearing examiner—Powers.
The examiner shall receive and examine available information, conduct public hearings and prepare a record thereof, and enter decisions as provided for in this section.
A. The decision of the examiner on the following matters shall be final, unless such decision is appealed to the city council in writing by an aggrieved party:
1. Appeals prescribed by the Centralia short plat ordinance (Chapter 19.16 CMC);
2. Matters prescribed by the Centralia subdivision ordinances (CMC Title 19);
3. Certain matters prescribed by the Centralia zoning ordinance (CMC Title 20);
4. Plat vacation or amendments (pursuant to Chapter 58.17 RCW);
5. Matters prescribed by the critical areas ordinance (Chapter 16.16 CMC);
6. Appeals as indicated in Chapter 18.04 CMC;
7. Other types of matters which hearing examiners are authorized to decide by law or contract (e.g., nonland use, administrative appeals, which may be referred to under local ordinances, grievances under law or contracts) with the city council;
B. The decision of the hearing examiner on the following matters shall be final and the only appeal therefrom shall be to the superior court:
1. Appeals of administrative determinations of ordinance interpretation;
2. Appeals from administrative determinations on interpretations of land use regulations, including determinations of the exact location of any district boundary if there is uncertainty with respect thereto;
3. Appeals of threshold determinations (pursuant to Chapter 16.04 CMC or Chapter 43.21C RCW and Chapter 197-11 WAC);
4. Appeals from CMC 18.04.010(A)(1), the International Building Code, as now in force or hereafter amended;
5. Appeals from CMC 18.04.010(A)(11), the International Property Maintenance Code, as now in force or hereafter amended;
C. The decision of the hearing examiner on the following matters shall be a recommendation to the city council:
1. Applications for planned unit developments in accordance with CMC Title 20; and/or
2. Preliminary plat approval in accordance with Chapter 19.12 CMC;
D. In the performance of duties prescribed by this chapter or other ordinances, examiners may:
1. Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions pursuant to Washington State Court rules; provided, that no person shall be compelled to divulge information which he could not be compelled to divulge in a court of law;
2. Upon the request of the planning department or any party, or upon his own volition, issue and cause to be served subpoenas for the attendance of witnesses and for production for examination of any books, records, or other information in the possession or under the control of any witness; provided, that such subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved;
3. Regulate the course of the hearing in accordance with this chapter and other applicable ordinances;
4. Hold conferences for the settlement or simplification of the issues by consent of the parties;
5. Dispose of procedural requests or similar matters;
6. Take any other action authorized by ordinance;
E. In case of failure or refusal without lawful excuse of any person duly subpoenaed to attend pursuant to such subpoena, or to be sworn, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books or records or other information in his possession and under his control, the hearing examiner may invoke the aid of the city attorney who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena;
F. The examiner is hereby empowered to act in lieu of the board of adjustment, and such other officials, board or commissions as may be assigned. Wherever existing ordinances, codes or policies authorize or direct the board of adjustment to undertake certain activities which the examiner has been assigned, such ordinances, codes or policies shall be construed to refer to the examiner. (Ord. 2419 § 1, 2018: Ord. 2147 § 1 (part), 2005).
2.18.100 Land use issues—Report of planning department.
On any land use issue coming before the examiner, the community development department shall coordinate and assemble the reviews of other city departments, governmental agencies, and other interested parties and shall prepare a report summarizing the factors involved and the department’s findings and recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon payment of reproduction costs. In the event that information to be provided by the applicant or other parties outside of city control has not been provided in sufficient time for filing seven days in advance of the hearing, the community development department may reschedule the hearing and notify interested parties. (Ord. 2147 § 1 (part), 2005).
2.18.110 Time computation.
In computing any period of time prescribed by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a city legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a city legal holiday. (Ord. 2147 § 1 (part), 2005).
2.18.120 Examiner’s decision.
A. Within ten working days of the conclusion of a hearing, unless a longer period is mutually agreed to by the applicant and the examiner, the examiner shall render a written decision, which shall include findings and conclusions based on the record.
B. The decision of the examiner shall be final and conclusive on the fifteenth day after the date of the decision unless a notice of appeal to the proscribed body is filed pursuant to this chapter.
C. The hearing examiner’s decision shall be issued not later than one hundred twenty days after a complete permit application is filed, pursuant to RCW 36.70B.090, and not later than ninety days after an administrative open record appeal is filed. (Ord. 2147 § 1 (part), 2005).
2.18.130 Reconsideration by examiner.
Any aggrieved person or agency that disagrees with the decision of the examiner may make a written request for reconsideration by the examiner within ten days of the date of the written decision. The request for reconsideration shall be filed with the community development department upon forms prescribed by the department. If the examiner chooses to reconsider, the examiner may take such further action as he or she deems proper and may render a revised decision, within five working days after the date of filing. Filing a request for reconsideration is not a prerequisite to filing an appeal pursuant to this chapter. (Ord. 2147 § 1 (part), 2005).
2.18.140 Appeal of examiner’s decision.
As provided in CMC 2.18.090(A) and (B), the final decision by the examiner may be appealed to superior court in compliance with Chapter 20.02 CMC. (Ord. 2147 § 1 (part), 2005).
2.18.170 Report to and meeting with planning commission and city council.
The examiner shall report in writing to and meet with 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 shall include a summary of the examiner’s decisions since the last report. (Ord. 2147 § 1 (part), 2005).