Chapter 2.54
HEARING EXAMINER
Sections:
2.54.060 Examiner pro tem – Qualifications and duties.
2.54.070 Conflict of interest.
2.54.080 Unlawful to attempt improper influence.
2.54.100 Application – Presentation.
2.54.010 Short title.
This chapter shall be hereinafter known as the “hearing examiner ordinance” and may be cited as such, and shall be hereinafter referred to as “this chapter.” (Ord. 1319 § 2, 1996).
2.54.020 Office created.
The office of the hearing examiner (also referred to as “examiner”) is created. The hearing examiner shall interpret, review, and implement land regulations as provided in this chapter and other ordinances. Unless otherwise specified, the term “hearing examiner” shall likewise include the term “hearing examiner pro tem.” (Ord. 1319 § 2, 1996).
2.54.030 Appointment.
The hearing examiner and hearing examiner pro tem shall be appointed by the mayor with approval of the council and shall serve at the pleasure of the mayor. (Ord. 1319 § 2, 1996).
2.54.040 Compensation.
The examiner and the examiner pro tem will be retained by contract for the performance of duties described in this chapter. The compensation to be paid the examiner and examiner pro tem shall be that in the annual city budget. (Ord. 1319 § 2, 1996).
2.54.050 Qualifications.
The examiner and examiner pro tem shall be appointed solely with regard to their qualifications for the duties of the office. Minimum qualifications shall include being an active member of the State Bar Association and experience in land use quasi-judicial decisionmaking. (Ord. 1319 § 2, 1996).
2.54.060 Examiner pro tem – Qualifications and duties.
The examiner pro tem shall, in the event of the absence or the inability of the examiner to act, have all the duties and powers of the examiner. (Ord. 1319 § 2, 1996).
2.54.070 Conflict of interest.
A. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his or her decisionmaking process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict.
B. Participants in the land use regulatory process have the right, insofar as possible, to have the examiner free from personal interest or prehearing contacts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. The hearing examiner shall disclose matters involving ex parte contacts, conflicts of interest issues or appearance of fairness issues prior to or at the beginning of any matter. The hearing examiner shall recuse him/herself if the hearing examiner believes his/her review of the case would be deemed a conflict of interest or appearance of fairness violation. (Ord. 1319 § 2, 1996).
2.54.080 Unlawful to attempt improper influence.
No city councilmember, city official, or any other person shall attempt to interfere with, or improperly influence the examiner in the performance of his or her designated duties. (Ord. 1319 § 2, 1996).
2.54.090 Duties.
The hearing examiner shall conduct public hearings and issue recommendations and decisions as specified by the Milton Municipal Code, including but not limited to the matters assigned by Chapter 17.71 MMC. (Ord. 1741 § 7, 2009; Ord. 1663 § 1, 2006; Ord. 1531 § 2, 2002; Ord. 1325 § 6, 1996; Ord. 1319 § 2, 1996).
2.54.100 Application – Presentation.
The applicable department shall accept all applications for all matters under the jurisdiction of the hearing examiner and notify the hearing examiner of receipt. (Ord. 1741 § 7, 2009; Ord. 1319 § 2, 1996).
2.54.110 Reconsideration.
A. Any party of record may, within seven working days of the date of the examiner’s written decision, file with the department a written request for reconsideration based on any one of the following grounds: errors of procedure, errors of law or fact, or error in judgment.
B. The request shall set forth the grounds for reconsideration. The department shall forward the request for reconsideration to the examiner within three working days. Upon receipt of a request for reconsideration, the examiner will review the request in light of the record and take such further action as is deemed proper, including, but not limited to: denying the request; authorizing additional argument from the parties; or revising or reversing the decision. The examiner shall take such action as he deems appropriate within 10 days of receipt of the request. The decision of the examiner will be subject to reconsideration only one time, even if the examiner reverses or modifies the original decision.
C. The filing of a request for reconsideration shall effectively stay the appeal period until the examiner issues his decision on the request.
D. No new evidence may be considered by the examiner in the request for reconsideration except as authorized by the Regulatory Reform Act, Chapter 36.70B RCW. (Ord. 1837 § 5, 2014).