Chapter 2.14
HEARING EXAMINER
Sections:
2.14.030 Appointment, terms and compensation.
2.14.050 Freedom from improper influence.
2.14.060 Conflict of interest.
2.14.080 Powers of the examiner.
2.14.090 Report of the community development department.
2.14.100 Hearing before the hearing examiner.
2.14.010 Purpose.
The purpose of this chapter is to establish the authority and process for a hearing examiner system to provide prompt opportunity for a hearing and decision on land use applications or appeals of administrative land use decisions, and such other matters as may be assigned to the hearing examiner. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.020 Office created.
Pursuant to RCW 35A.63.170, 43.21C.075 and 58.17.330, the office of land use hearing examiner, hereinafter referred to as “examiner,” is created. The examiner shall interpret, review and implement land use regulations as provided in this chapter or by other ordinances. Unless the context requires otherwise, the term “examiner,” as used in this chapter, shall include “examiner(s) pro tem.” (Ord. 3705 § 1 (Exh. A), 2009)
2.14.030 Appointment, terms and compensation.
The examiner shall be appointed by the city manager for an initial one-year term and serve at the will of the city manager’s discretion. The city manager may also appoint the examiner(s) pro tem to serve in the event of the examiner’s absence for a similar term. Subsequent terms shall be for a period of one year unless a longer term is approved by the majority vote of the city council. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.040 Qualifications.
The examiner shall be appointed solely on the basis of qualifications for the duties of the office with special reference to training, actual experience in, and knowledge of administrative quasi-judicial hearings on land use matters assigned to the examiner by ordinance; provided, however, the examiner must be qualified to practice law in the state of Washington. The examiner will hold no other elective or appointive office or position in the city. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.050 Freedom from improper influence.
No person, including city officials, elected or appointed, shall attempt to influence a hearing examiner in any matter pending before the hearing examiner, except at a public hearing duly called for such purpose, or to interfere with a hearing examiner in the performance of the hearing examiner’s duties in any other way; provided, that this section shall not prohibit the city attorney from rendering legal service to the hearing examiner upon request. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.060 Conflict of interest.
The examiner shall be subject to the same code of ethics as other appointed public officers in code cities, as set forth in RCW 35.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended.
The hearing examiner shall not conduct or participate in any hearing, decision or recommendation in which the hearing examiner has a direct or indirect substantial financial interest, or concerning which the hearing examiner has had substantial prehearing contact with proponents or opponents wherein the issues were discussed. This is not intended to prohibit necessary or proper inquiries on matters such as scheduling and procedure, but any such contacts are to be entered into the official record of the proceeding. Whenever possible, such inquiries and the responses to such inquiries shall be in writing. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.070 Rules.
A. The examiner shall adopt rules for the conduct of hearings consistent with this chapter. The rules shall be reviewed by the city manager, and remain in effect during the examiner’s term of office. Such rules shall be published and available upon request to all interested parties. The examiner shall have the power to administer oaths, and to preserve order.
B. To avoid unnecessary delay and to promote efficiency of the hearing process, the examiner shall limit testimony, including cross examination, to that which is relevant to the matter being heard and shall exclude evidence and cross examination that is irrelevant, cumulative or unduly repetitious. The examiner may establish reasonable time limits for the presentation of direct oral testimony, cross examination, and argument. Any written submittals will be admitted only when authorized by the examiner. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.080 Powers of the examiner.
A. The examiner shall receive and examine all available information, conduct public hearings, prepare a record thereof, consider the applicable permit criteria, and enter decisions or recommendations for the following matters in accordance with the procedural chapters here cited:
1. Type III and Type IV applications in accordance with Section 18B.03.030;
2. Appeals of Type I and Type II decisions of the administrative official in accordance with Section 18B.03.030;
3. Appeals of similar use determinations of the administrative official as provided for in Section 17.15.015;
4. SEPA appeals in connection with a governmental action listed in subsection A1 or 2 of this section; and
5. Such other matters as the city council may refer.
B. The examiner’s decision on permit applications may be to grant or deny the application, or the examiner may require of the applicant such conditions, modifications and restrictions as the examiner finds necessary to make the application compatible with its environment and carry out the objectives and goals of the comprehensive plan, the development code, and other codes and ordinances of the city of Kelso and applicable state and federal laws. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.090 Report of the community development department.
The community development department shall coordinate and assemble the reviews of other city or county departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the department’s findings, conclusions and recommendations. As it pertains to other matters that the city council may refer, the applicable department head shall coordinate and assemble the required reports. The reports shall be filed with the examiner at least ten working days prior to the scheduled hearing. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.100 Hearing before the hearing examiner.
The procedures for a hearing before the examiner are as set forth in this chapter and Chapters 18B.08 and 18B.09 as now in effect or as later amended and any other applicable adopted rules of procedure. (Ord. 3705 § 1 (Exh. A), 2009)
2.14.110 Severability.
If any one or more sections, subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 3705 § 1 (Exh. A), 2009)