Chapter 13.09
APPEALS
Sections:
13.09.015 Appeal procedures in this chapter to be supplemented by JCC Title 19.
13.09.020 Appeal and administrative hearing officer.
13.09.030 Service of administrative hearing notice.
13.09.040 Administrative hearing procedure.
13.09.050 Administrative hearing decision.
13.09.060 Issuance of administrative hearing decision.
13.09.070 Appeal to the hearing examiner.
13.09.080 Hearing examiner appeal procedure, decision, payment of costs, and judicial review.
13.09.010 Applicability.
(1) Except as limited in this section, this chapter shall apply to any appeal permitted under this PHUGA sewer utility code, including but not limited to:
(a) Equivalent residential unit (“ERU”) determinations of monthly user charges made pursuant to JCC 13.05.050 and system development charges (“SDC”) made pursuant to JCC 13.05.070.
(b) Appeals permitted pursuant to Chapter 13.07 JCC.
(2) This chapter does not apply to any other appeal that could be brought pursuant to JCC Title 19, including, but not limited to, civil code violations as defined in JCC 19.10.015(14) or nuisances as defined under JCC 19.10.015(36), a determination that an on-site sewage system is failing, or the existence of sewage on the ground.
(3) This chapter does not apply to any determination made by the department of public health concerning denial or issuance of a permit for on-site sewage systems, including appeal of the denial of a repair or replacement of an on-site sewage system due to the availability of a public sewer system pursuant to JCC 13.04.010(2).
(4) This chapter does not apply to any appeal of a preliminary notice of an assessment reimbursement area or preliminary assessment pursuant to Chapter 13.08 JCC, which shall be conducted in accordance with JCC 13.08.060. [Ord. 7-24 § 3 (Appx. A)]
13.09.015 Appeal procedures in this chapter to be supplemented by JCC Title 19.
The appeal procedures set out in JCC 13.09.020 through 13.09.090 are intended to replicate the appeal procedures set out in Chapter 19.35 JCC. Should there be omissions in the procedure set out in this chapter that have been addressed in Chapter 19.35 JCC, the provisions of Chapter 19.35 JCC shall apply. [Ord. 7-24 § 3 (Appx. A)]
13.09.020 Appeal and administrative hearing officer.
(1) Any aggrieved person may appeal any decision identified in JCC 13.09.010(1) within 15 days of mailing. The notice of appeal shall request an appeal hearing and specify the grounds for the appeal, including the alleged errors.
(2) An administrative hearing on the appeal will be conducted by an administrative hearing officer, who shall be the health officer or a disinterested director, or their designee. [Ord. 7-24 § 3 (Appx. A)]
13.09.030 Service of administrative hearing notice.
(1) The notice of the administrative hearing shall be on a form developed by the department and shall contain the date, time, and location of the administrative hearing, a copy of the administrative hearing officer’s decision, and the name and telephone number of the administrative hearing officer.
(2) The notice of the administrative hearing shall be served on the aggrieved person by mailing a copy to their last known mailing address.
(3) The person effectuating the service shall sign a declaration under oath pursuant to Chapter 5.50 RCW with the date and address that the personal service or mailing was made. Service by mail shall be deemed effective upon the third business day following the day of mailing. [Ord. 7-24 § 3 (Appx. A)]
13.09.040 Administrative hearing procedure.
(1) The administrative hearing officer shall conduct a hearing in accordance with this section.
(2) There shall be no filing fee for an administrative hearing, nor shall any cost associated with the administrative hearing be assigned to the aggrieved person, regardless of the outcome of the hearing. This subsection does not limit the authority of the administrative hearing officer to affirm or assign monetary penalties or costs, excluding the cost of conducting the administrative hearing.
(3) The administrative hearing shall be conducted within 45 days of the request for the administrative hearing, unless the aggrieved person agrees to an extension.
(4) The department shall prove by a preponderance of the evidence that the decision was made in accordance with the requirements of this PHUGA sewer utility code. The department shall have the burden of proving by a preponderance of the evidence that the decision was made in accordance with the requirements of this PHUGA sewer utility code. Formal rules of evidence shall not apply to the administrative hearing.
(5) The department shall develop a departmental report explaining the decision and how the decision is in accordance with this PHUGA sewer utility code.
(6) Administrative hearings shall be informal. The administrative hearing shall be conducted on the record and shall allow for testimony from department staff, the aggrieved person and any witnesses called by the department staff or the aggrieved person. The department staff or the aggrieved person may submit evidence for consideration by the administrative hearing officer. An administrative hearing shall not allow public testimony, written or oral.
(7) Failure to Appear. If the aggrieved person fails to appear at the scheduled hearing or present a written statement in time for consideration at the hearing, the administrative hearing officer shall enter an order of default with findings. The department may enforce the administrative hearing officer’s decision and recover any related expenses. A copy of the order of default shall be mailed to the aggrieved person and against whom the default order was entered and to the department. [Ord. 7-24 § 3 (Appx. A)]
13.09.050 Administrative hearing decision.
Within 15 days after the conclusion of the administrative hearing, the administrative hearing officer shall issue a decision that shall comply with the following requirements:
(1) The administrative hearing officer shall:
(a) Affirm the director’s decision;
(b) Dismiss the director’s decision; or
(c) Modify the director’s decision.
(2) The administrative hearing officer shall make findings and conclusions of law supporting the decision, and include information describing how the decision may be appealed; and
(3) A copy of the administrative hearing officer’s decision shall be mailed to the aggrieved person and the department. [Ord. 7-24 § 3 (Appx. A)]
13.09.060 Issuance of administrative hearing decision.
The administrative hearing officer shall issue a decision within 15 days of the administrative hearing, unless the administrative hearing officer determines that more time is necessary. The decision shall be mailed by first class and certified mail, or hand-delivered to the aggrieved person. The decision shall become the final agency decision, if it is not timely appealed pursuant to JCC 13.09.070. [Ord. 7-24 § 3 (Appx. A)]
13.09.070 Appeal to the hearing examiner.
The aggrieved person may appeal the decision of the administrative hearing officer to the Jefferson County hearing examiner within 15 days of mailing the administrative hearing officer’s decision. A $750.00 filing fee is required to file an appeal with the hearing examiner. This fee may be waived for an indigent appellant upon application to the director on forms developed by the department. An appeal to hearing examiner must be filed with the office of the hearing examiner, which is housed within the county administrator’s office. [Ord. 7-24 § 3 (Appx. A)]
13.09.080 Hearing examiner appeal procedure, decision, payment of costs, and judicial review.
(1) The notice of appeal shall contain:
(a) Full name of the appellant;
(b) Mailing address and email address (if available) of appellant;
(c) A copy of the administrative hearing officer decision and the original director’s decision;
(d) A concise statement of the factual and legal basis for the appeal citing specifically the alleged errors in the administrative hearing officer decision; and
(e) The specific relief sought.
(2) Payment of appeal fees or a request for waiver of fees pursuant to JCC 13.09.070 must be submitted concurrently with filing.
(3) An appeal will not be accepted if it is not accompanied by the full payment of appeal fees or an approved waiver of fees pursuant to JCC 13.09.070.
(4) A hearing on a hearing examiner appeal shall be conducted within 60 days of the later of a notice of appeal or the date of approval of a waiver of fees pursuant to JCC 13.09.070, unless the aggrieved person agrees to an extension.
(5) The hearing examiner appeal shall occur in accordance with this PHUGA sewer utility code and shall be conducted in accordance with Chapter 2.30 JCC and the Hearing Examiner Rules of Procedure as adopted. The department shall have the burden of proving by a preponderance of the evidence that the decision was made in accordance with the requirements of this PHUGA sewer utility code. Formal rules of evidence shall not apply to hearings before the hearing examiner.
(6) Staff shall develop a departmental report explaining the director’s decision and how it is in accordance with this PHUGA sewer utility code.
(7) The administrative hearing shall be conducted on the record and shall allow for testimony from department staff or the aggrieved person and any witnesses called by the department or the aggrieved person. The department or the aggrieved person may submit evidence for consideration by the examiner. Hearing examiner appeals shall not allow public testimony, written or oral.
(8) Hearing Examiner Decision.
(a) At the conclusion of the hearing, the examiner shall either: (i) affirm the administrative hearing officer’s decision; (ii) dismiss the administrative hearing officer’s decision; or (iii) modify the administrative hearing officer’s decision.
(b) The examiner shall make findings and conclusions of law supporting their decision, consistent with Chapter 2.30 JCC and the Hearing Examiner Rules of Procedure as adopted.
(c) A copy of the examiner’s decision shall be mailed to the aggrieved person, and the department.
(9) Failure to Appear. If the aggrieved person fails to appear at the scheduled hearing examiner appeal or present a written statement in time for consideration at the hearing, the examiner shall enter an order of default with findings and assess appropriate costs and expenses to the aggrieved person. The director may enforce the examiner’s decision and recover all related expenses, including attorney’s fees and staff time, plus the costs of the hearing from the aggrieved person. A copy of the order of default shall be mailed to the aggrieved person against whom the default order was entered, and to the department.
(10) Costs. If the aggrieved person substantially prevails before the hearing examiner, meaning the examiner either dismisses the administrative hearing officer’s decision or substantially modifies the administrative hearing officer’s decision, then the hearing examiner filing fee shall be refunded and no costs for the hearing examiner appeal shall be assigned to the aggrieved person. If the person responsible does not substantially prevail at the hearing, the examiner may assign all hearing and related costs to the aggrieved person including attorney’s fees and staff time. This subsection does not limit the authority of the examiner to affirm or assign monetary penalties or costs associated with a code compliance case.
(11) Judicial Review. A final decision by the hearing examiner shall be final and conclusive, unless proceedings for review of the decision are properly commenced in superior court within the time period specified by state law. [Ord. 7-24 § 3 (Appx. A)]
13.09.090 Final decision.
(1) If the director’s decision is not timely appealed within 15 days of mailing the decision, then the director’s decision shall be a final decision.
(2) If the decision of the administrative hearing officer is not appealed to the hearing examiner within 15 days of mailing the decision then the decision of the administrative hearing officer shall become a final agency decision and order.
(3) A final decision by the hearing examiner shall be final and conclusive, unless proceedings for review of the decision are properly commenced in superior court within the time period specified by state law. [Ord. 7-24 § 3 (Appx. A)]