Chapter 2.10


2.10.010    Adoption of system.

2.10.020    Purpose.

2.10.030    Board of adjustment eliminated.

2.10.040    Appointment of examiners.

2.10.050    Term of office.

2.10.060    Qualifications.

2.10.070    Duties.

2.10.080    Freedom from improper influence.

2.10.090    Disqualification.

2.10.100    Removal of examiner.

2.10.110    Duties of chief examiner.

2.10.120    Rules.

2.10.010 Adoption of system.

Kitsap County hereby adopts a land use hearing examiner system.

(Ord. 101 (1984) § 1, 1984)

2.10.020 Purpose.

The land use hearing examiner system is intended to provide an expeditious adjudicatory process in the land use arena which affords procedural due process and fundamental fairness.

(Ord. 101 (1984) § 2, 1984)

2.10.030 Board of adjustment eliminated.

The board of adjustment is eliminated.

(Ord. 101 (1984) § 3, 1984)

2.10.040 Appointment of examiners.

The county, through its board of county commissioners, shall appoint a chief hearing examiner and such other deputy examiners or pro tempore examiners as are necessary to perform the duties assigned. Such appointments shall be upon mutually acceptable terms.

(Ord. 101 (1984) § 4, 1984)

2.10.050 Term of office.

The chief examiner and every deputy examiner shall be appointed for an initial term of one year. Thereafter, upon reappointment, the term of office shall be for four years. Pro tempore examiners shall serve as specified in each appointment.

(Ord. 101 (1984) § 5, 1984)

2.10.060 Qualifications.

An examiner shall be appointed based solely upon his or her qualifications and shall have such previous training and experience as will qualify the examiner to fairly conduct administrative and quasi-judicial hearings upon land use matters.

(Ord. 101 (1984) § 6, 1984)

2.10.070 Duties.

Examiners shall perform those duties designated by ordinance or statute.

(Ord. 101 (1984) § 7, 1984)

2.10.080 Freedom from improper influence.

No person, including county officials and employees, shall attempt to influence an examiner upon any matter pending or likely to be brought before such examiner except at a public hearing at which the matter is to be considered; provided, if requested by an examiner, the prosecuting attorney may provide advice on questions of law.

(Ord. 101 (1984) § 8, 1984)

2.10.090 Disqualification.

An examiner shall not hear and shall disqualify himself or herself in a proceeding in which his or her impartiality could reasonably be questioned. In applying the foregoing standard an examiner shall adhere to the guidelines contained in Canon 3c of the Code of Judicial Conduct.

In the event of a disqualification the disqualified examiner shall transfer the proceeding to another examiner or, if there is no other qualified examiner, to the Kitsap County planning commission.

(Ord. 101 (1984) § 9, 1984)

2.10.100 Removal of examiner.

An examiner may be removed from office for good cause by the board of county commissioners.

(Ord. 101 (1984) § 10, 1984)

2.10.110 Duties of chief examiner.

The chief hearing examiner shall have the following additional duties:

a.    Administrative responsibility over deputy and pro tempore hearing examiners which shall include the assignment of cases;

b.    The promulgation of rules as provided in Section 2.10.120;

c.    Annually, the chief examiner shall produce a written report which shall contain:

1.    A summary of decisions made within the hearing examiner system;

2.    Recommendations for improving the hearing examiner system;

3.    Other observations and recommendations pertaining to land use policies or legislation.

(Ord. 101 (1984) § 11, 1984)

2.10.120 Rules.

The chief hearing examiner shall promulgate procedural rules which govern the conduct of proceedings within and operation of the hearing examiner system; provided, such rules shall become effective only if approved by the board of county commissioners; and provided further, such rules shall not conflict with any ordinance or statute. The hearing examiner has the authority to include provisions for pre-hearing and post-hearing mediation and for reconsideration of the examiner’s final decisions in such rules.

(Ord. 428 (2009) § 1, 2009: Ord. 101 (1984) § 12, 1984)