32.08.040 Appeals.

(1)    Any person aggrieved by the order of a director may request in writing within ten (10) days of the service of the notice and order an appeal hearing before the Clark County hearing examiner. The request shall cite the notice and order appealed from and contain a brief statement of the reasons for seeking the appeal hearing. The method of appeal as provided in this resolution shall be sole and exclusive, and no appeal shall be had to the Clark County board of adjustment from any determination rendered under the authority of this resolution. (Sec. 3, Res. 1978-07-83)

(2)    The appeal hearing shall be conducted on the record and the hearing examiner shall have such rulemaking and other powers as were available to the director originally. Such appeal hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appealing party, to the director whose order is being appealed, and to other interested persons who have requested in writing that they be so notified.

(3)    All appeals shall be conducted in accordance with Washington Administrative Code Chapter 1-08, “Uniform Procedural Rules”; PROVIDED, however, that Sections 1-08-005 through 1-08-007 and Sections 1-08-540 through 1-08-590 shall be excluded. Should any conflict arise between the provisions of this ordinance and the applicable sections of Chapter 1-08 WAC, the provisions of this ordinance shall prevail.

For the purposes of this chapter, all references in the WAC to “agency” shall mean “hearing examiner.” In addition, the hearing examiner may promulgate and adopt such additional rules as are necessary for the conduct of a hearing.

(4)    Each party shall have the following rights, among others:

(i)    To call and examine witnesses on any matter relevant to the issues of the hearing;

(ii)    To introduce documentary and physical evidence;

(iii)    To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

(iv)    To impeach any witness regardless of which party first called him to testify;

(v)    To rebut evidence against him;

(vi)    To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.

(5)    Following review of the evidence submitted, the hearing examiner shall make written findings and conclusions, and shall affirm or modify the order previously issued if he finds that a violation has occurred. The written decision of the hearing examiner shall be mailed by certified mail, postage prepaid, return receipt requested, to all the parties.

(6)    The appeal hearing before the Clark County hearing examiner shall occur within sixty (60) days following receipt of the written notice of appeal, unless the matter is continued at the discretion of the hearing examiner after receiving consent of all parties to the proceeding. (Sec. 4, Res. 1978-07-83)

(7)    Whenever possible, the appeal from a director’s order shall be combined with any other appeal from county enforcement actions relating to the same subject matter and falling within the jurisdiction of the hearing examiner. (Sec. 11 of Ord. 1977-12-51)