Chapter 2.67


2.67.010    Authority of hearing examiner.

2.67.020    Who may appeal – Place of filing – Time limit.

2.67.030    Setting for hearing – Notice – Transmittal of records.

2.67.040    Scope of authority on appeal.

2.67.050    Decision – When reached.

2.67.060    Notice of decision.

2.67.070    Appeal from hearing examiner decision.

2.67.080    Records.

2.67.010 Authority of hearing examiner.

The hearing examiner shall hear and decide appeals from any order, requirement, permit decision or determination made by the administrator under OCC Titles 15, 16, and 17A. (Ord. 2014-11 Att. A, 2014).

2.67.020 Who may appeal – Place of filing – Time limit.

Appeals may be taken to the hearing examiner by any person aggrieved, or by any officer, department, board or bureau of the county affected by any decision of an administrative official. Such appeals shall be filed in writing, or postmarked, with the administrator as secretary for the hearing examiner, within 20 days of the action being appealed. This section does not create any additional notice requirements of the administrator. (Ord. 2014-11 Att. A, 2014).

2.67.030 Setting for hearing – Notice – Transmittal of records.

Upon the filing of an appeal from an administrative determination the administrator as secretary for the hearing examiner shall schedule a hearing with the hearing examiner to be held within 60 days of the receipt of the appeal, at which time the matter will be considered. At least a 10-day notice of such time and place together with one copy of the written appeal shall be given to the official whose decision is being appealed. At least 10-day notice of the time and place shall also be given to any adverse parties of record in the case. The officer from whom the appeal is being taken shall transmit to the hearing examiner all of the records pertaining to the decision being appealed from, together with such additional written reports as he or she deems pertinent. (Ord. 2014-11 Att. A, 2014).

2.67.040 Scope of authority on appeal.

The hearing examiner may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal was taken insofar as the decision on the particular issue is concerned. (Ord. 2014-11 Att. A, 2014).

2.67.050 Decision – When reached.

Within 10 days following the termination of the public hearing on an appeal from an administrative determination, the hearing examiner shall sign its written order. The order shall include the findings of fact upon which the decision is based. (Ord. 2014-11 Att. A, 2014).

2.67.060 Notice of decision.

Within five days of the decision, the order of the hearing examiner shall be mailed to the applicant and all persons who are specifically identified as parties of record or who have indicated an interest in being notified of the decision. (Ord. 2014-11 Att. A, 2014).

2.67.070 Appeal from hearing examiner decision.

The decision by the hearing examiner on an appeal from an administrative determination shall be final and conclusive unless a timely land use petition is filed and served pursuant to the Land Use Petition Act (Chapter 36.70C RCW). Appeals may only be submitted by those with standing according to RCW 36.70C.060. (Ord. 2014-11 Att. A, 2014).

2.67.080 Records.

The appeal filed pursuant to this code, the evidence of notice, the electronic verbatim record of proceedings although minutes of the proceedings may be non-verbatim, other material accepted as evidence, and the written order announcing a decision along with the findings of fact shall become a part of the official records of the hearing examiner. (Ord. 2014-11 Att. A, 2014).