Chapter 2.14
HEARING EXAMINER
Sections:
2.14.020 Creation of hearing examiner.
2.14.060 Jurisdiction of the examiner.
2.14.070 Conflict of interest, appearance of fairness and freedom from improper influence.
2.14.080 Duties of the examiner.
2.14.105 Appeals – Reasons for dismissal.
2.14.120 Examiner’s decision or recommendation.
2.14.010 Purpose.
The purposes of this chapter are to establish a quasi-judicial hearing system which will ensure procedural due process and appearance of fairness in regulatory hearings; to provide greater separation of the administration of land use regulations from the formulation of land use policy; and to provide an efficient and effective process utilizing a qualified professional hearing examiner for hearing and determining such matters as may be committed to the hearing examiner’s jurisdiction. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996).
2.14.020 Creation of hearing examiner.
The office of hearing examiner of the city of Snoqualmie, hereinafter referred to as “examiner,” is hereby created. There shall be an examiner, and an examiner pro tempore (“pro tem”), who shall have all of the authority conferred upon the examiner in the event of the examiner’s absence or inability to act in a particular matter. All references in this code to the examiner shall include the examiner pro tem. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996).
2.14.030 Appointment.
The examiner shall be appointed by the mayor, subject to confirmation by the city council. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996).
2.14.040 Qualifications.
The examiner shall be appointed solely with regard to his or her qualification and experience to carry out the duties of the office, including conducting administrative and quasi-judicial hearings, making land use regulatory recommendations to the city council, making land use permit and appeal decisions, and performing such other functions as the city council shall by ordinance prescribe for the examiner. The examiner shall hold no other elective or appointive office or position in Snoqualmie city government. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996).
2.14.050 Compensation.
The examiner shall be engaged by written contract, and shall be compensated on such basis, whether hourly or per case, as the city council may from time to time prescribe by resolution. The estimated amount for the examiner to conduct any required hearing and render a decision or recommendation in any matter shall be included in the deposit required pursuant to Chapter 14.20 SMC, and it shall be the responsibility of the applicant for any permit or approval heard by the examiner to reimburse the city for the actual cost of the examiner’s services. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996).
2.14.060 Jurisdiction of the examiner.
The jurisdiction of the examiner is prescribed in this and other titles of this code. The jurisdiction of the examiner shall include:
A. The matters set forth in RCW 35A.63.110 in lieu of a board of adjustment, including:
1. Appeals from orders, recommendations, permits, decisions, or determinations made by a city official in the administration of SMC Title 17;
2. Applications for variances from the terms of SMC Title 17;
3. Applications for conditional use permits pursuant to SMC Title 17;
B. Matters as set forth in SMC 15.04B.170;
C. Matters as set forth in SMC 15.18.200; and
D. Appeals as set forth in SMC 19.04.235. (Ord. 1263 § 2, 2022; Ord. 1235 § 3, 2020; Ord. 1203 § 1, 2018; Ord. 960 § 1, 2004; Ord. 767 § 1, 1996).
2.14.070 Conflict of interest, appearance of fairness and freedom from improper influence.
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 interfere with the examiner’s ability to make a fair and independent decision or recommendation. Any actual or potential conflict of interest shall be disclosed to the city, the applicant and other parties immediately upon discovery of such conflict. In such case, the remainder of the hearing shall be conducted, and any decision or recommendation rendered, by the examiner pro tem.
B. The Appearance of Fairness Doctrine, as set forth in Chapter 42.36 RCW, as it now exists or may hereafter be amended, shall apply to all proceedings conducted by the examiner, and may result in the examiner’s disqualification when necessary.
C. No elected or appointed officer or employee of the city, or any other person, shall attempt to interfere with or improperly influence the examiner in the discharge of his or her designated duties. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996).
2.14.080 Duties of the examiner.
A. The examiner shall receive and examine available information, conduct open record hearings, admit documents and evidence, and enter written findings of fact and conclusions of law based on the legal issues and evidence together with a decision or recommendation, as prescribed herein and by other titles of this code.
B. The examiner’s determination may be to grant or deny the application or appeal, or to recommend the grant or denial of the application, as applicable, and may include any conditions, modifications and restrictions as the examiner finds necessary to carry out applicable laws, regulations and adopted policies.
C. The examiner shall have the power to administer oaths and to preserve order.
D. To avoid unnecessary delay and to promote hearing process efficiency, the examiner shall limit testimony, including cross-examination, to that which is relevant to the matter being heard, in light of adopted city policies and regulations, and shall exclude evidence and cross-examination that is irrelevant, cumulative or unduly repetitious. The examiner may establish reasonable time limits for presenting direct testimony, cross examination and argument.
E. Any written submittals shall be admitted only when authorized by the examiner.
F. The examiner shall use case management techniques to the extent reasonable including:
1. Limiting testimony and argument to relevant issues and to matters identified in the prehearing order;
2. Prehearing identification and submission of exhibits, if applicable;
3. Stipulated testimony or facts;
4. Prehearing dispositive motions, if applicable;
5. Prehearing conferences;
6. Voluntary mediation; and
7. Other methods to promote efficiency and to avoid delay. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996).
2.14.090 Applications.
Applications for all matters to be heard by the examiner shall be filed with the department of community development, which shall be responsible for determining the completeness of the application, and upon making a determination of completeness, for scheduling a public hearing to be held within 45 days after the determination of completeness, subject to the rules for exclusion of certain periods pursuant to SMC Title 14. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996).
2.14.100 Appeals – Generally.
A. Unless provided otherwise in another provision of this title, a person initiates an appeal from an order, recommendation, permit, decision, or determination made by a city official by delivering a notice of appeal to the issuing city official.
B. The notice of appeal must be received by the city official within the time period specified for that type of appeal in the applicable provisions of this code.
C. The notice of appeal shall:
1. Include a copy of, or clearly identify, the order, recommendation, permit, decision, or determination being appealed;
2. Identify the location of the property subject to the appeal, if any;
3. Identify the standing and legal interest of the appellant;
4. Identify the alleged errors in the decision;
5. State specific reasons why the decision should be reversed or modified;
6. State the harm suffered or to be suffered by the appellant; and
7. Identify the relief sought.
D. The appellant shall pay an appeal fee of $750.00. The fee shall be paid at the time the appeal statement is delivered and is not refundable.
E. The scope of an appeal shall be limited to matters or issues raised in the appeal statement and any amendments to the appeal statement the examiner may authorize.
F. If a person fails to timely deliver the appeal statement or pay the appeal fee, the office of the hearing examiner does not have jurisdiction to consider the appeal and the decision of the department or division becomes final and unreviewable. (Ord. 1235 § 3, 2020).
2.14.105 Appeals – Reasons for dismissal.
A. For appeals of orders, recommendations, permits, decisions, or determinations made by a city official under any title of this code the examiner, on the examiner’s own motion or on the motion of a party, shall dismiss an appeal if the appellant lacks standing, if the grounds stated do not constitute a legally adequate basis for the appeal, or if the appeal is untimely, frivolous on its face or beyond the examiner’s jurisdiction.
B. The examiner may dismiss an appeal that is not sufficiently specific to apprise the parties of the factual basis upon which relief is sought. Alternatively, the examiner may clarify the issues on appeal or may require any party with the burden of proof to clarify the issues on appeal. (Ord. 1235 § 3, 2020).
2.14.110 Public hearings.
A. The examiner may prescribe reasonable rules for the conduct of public hearings.
B. Notice of the time and place of all hearings shall be given, as prescribed by other titles of this code.
C. All testimony before the hearing examiner shall be on oath or affirmation.
D. All proceedings before the examiner shall be recorded, and a proper record of witnesses and exhibits shall be maintained. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996. Formerly 2.14.100).
2.14.120 Examiner’s decision or recommendation.1
A. Within 15 calendar days after the conclusion of a hearing, unless a longer period is agreed to by the applicant in writing or verbally on the record at the public hearing, the examiner shall render a written decision or recommendation, as the case may be, which shall include the following:
1. Written findings of fact based upon the record and conclusions therefrom which support the decision or recommendation;
2. The decision or recommendation, stating whether it is remanded to the applicant for modification, approved, approved with conditions or denied; and
3. A statement as to the procedure and time limits for an appeal to the city council, if applicable.
B. Copies of the written decision or recommendation shall be transmitted within five days to the applicant, to the department of community development, to the parties of record, and to other parties who have requested it. The transmittal to the applicant and parties of record shall be by certified mail, return receipt requested, which shall be evidenced by a certificate of mailing.
C. The community development department shall provide for public notice of the decision to be published, and posted for site-specific decisions. (Ord. 1235 § 3, 2020; Ord. 767 § 1, 1996. Formerly 2.14.110).
Code reviser’s note: Ord. 1235 numbers this section as 2.14.110. It has been editorially renumbered to avoid duplication.