Chapter 2.11
HEARING EXAMINER1
Sections:
2.11.100 Hearing examiner office.
2.11.110 Creation and purpose.
2.11.120 Pro tempore hearing examiner.
2.11.130 No interference with the hearing examiner.
2.11.150 Appointment and removal.
2.11.200 Hearing examiner – Duties and powers.
2.11.205 Recommended decisions.
2.11.215 Administrative appeals – Appeal period.
2.11.220 Rules and regulations.
2.11.230 Changes in legislation.
2.11.240 Limited jurisdiction.
2.11.010 Purpose.
The purpose of this chapter is to establish the authority and responsibilities of the hearing examiner. (Ord. 2018-032 § 1 (Exh. B)).
2.11.100 Hearing examiner office.
(Ord. 2018-032 § 1 (Exh. B)).
2.11.110 Creation and purpose.
The office of hearing examiner is hereby created. The hearing examiner shall act on behalf of the county council in considering the application of regulatory enactments to particular situations as provided herein. (Ord. 2018-032 § 1 (Exh. B)).
2.11.120 Pro tempore hearing examiner.
The pro tempore hearing examiner shall assist the hearing examiner in the performance of the duties conferred upon them by this chapter, and shall have all of the duties and powers of the hearing examiner. (Ord. 2018-032 § 1 (Exh. B)).
2.11.130 No interference with the hearing examiner.
No county official or any other person shall interfere with the hearing examiner or pro tempore hearing examiner in the performance of his or her designated duties. (Ord. 2018-032 § 1 (Exh. B)).
2.11.140 Qualifications.
The hearing examiner and his pro tempore shall be appointed solely with regard to their qualifications for the duties of their office, and shall have such training or experience as will qualify them to conduct administration of quasi-judicial hearings on the application of regulatory enactments and to discharge other functions conferred upon them, and shall hold no other appointed or elected public office or position in the county government, except as provided in this chapter. (Ord. 2018-032 § 1 (Exh. B)).
2.11.150 Appointment and removal.
The hearing examiner shall be appointed by a majority vote of the county council. The hearing examiner may be removed from office at any time by an affirmative vote of not less than two-thirds of the members of the county council. (Ord. 2018-032 § 1 (Exh. B)).
2.11.200 Hearing examiner – Duties and powers.
(Ord. 2018-032 § 1 (Exh. B)).
2.11.205 Recommended decisions.
In accordance with the provisions of Chapter 22.05 WCC, the hearing examiner shall conduct an open record hearing and prepare a record thereof, and make recommendations to the county council for approval or disapproval of:
A. Major project permits, including major project permit applications for mitigation banks proposed in accordance with the provisions of Chapter 16.16 WCC;
B. Planned unit developments;
C. Development agreements, as authorized in Chapter 36.70B RCW;
D. Such other permits as may be required from the county along with subsection A or B of this section for a given project. Where the hearing examiner would normally make a final decision to approve or deny an accompanying permit, the decision shall instead be in the form of a recommendation and accompany the hearing examiner’s recommendation on the major project permit or planned unit development to the county council for final approval;
E. Proposed rates and charges or special assessments for lake management districts. (Ord. 2018-032 § 1 (Exh. B)).
2.11.210 Final decisions.
In accordance with the provisions of Chapter 22.05 WCC, the hearing examiner shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters:
A. Appeals from any order, permits, decisions or final determinations made by an administrative official or committee in the administration of this title, WCC Title 15, except for building and fire code requirements, WCC Title 16, Environment, WCC Title 17, Flood Damage Prevention, WCC Title 20, Zoning, WCC Title 21, Land Division Regulations, WCC Title 22, Project Permit Procedures, WCC Title 23, Shoreline Management Program, or WCC Title 24, Health Code.
B. Appeals from a decision of the administrator of the shoreline management program.
C. Applications for zoning ordinance conditional use permits.
D. Applications for variances from the terms of the zoning ordinance.
E. Applications for shoreline management substantial development permits not accompanied by a major project permit when an open record hearing is required.
F. Applications for variances from the terms of the Whatcom County shoreline management program.
G. Applications for variances from the terms of Chapter 16.16 WCC, Critical Areas.
H. Applications for reasonable use permits under the terms of Chapter 16.16 WCC when an open record hearing is required.
I. Applications for shoreline management program conditional use permits.
J. Applications for flood damage prevention variances.
K. Appeals from SEPA determinations of significance, determinations of nonsignificance, and mitigated determinations of nonsignificance.
L. Preliminary subdivisions and subdivision variances.
M. Preliminary binding site plan proposals.
N. Revocation proceedings involving previously approved zoning conditional use permits, shoreline management substantial project permits and shoreline conditional use permits.
O. Applications to continue operations of nonconforming adult businesses pursuant to WCC 20.83.015.
P. Appeals of decisions relating to water service issues under Section 9.2 of the Coordinated Water System Plan.
Q. Appeals from any orders, requirements, permits, decisions or determinations made by an administrative official relating to essential public facilities. (Ord. 2018-032 § 1 (Exh. B)).
2.11.215 Administrative appeals – Appeal period.
Appeals to the hearing examiner on the subjects listed in WCC 22.05.020 must be filed within 14 calendar days of the date of administrative determination pursuant to WCC 22.05.160. (Ord. 2018-032 § 1 (Exh. B)).
2.11.220 Rules and regulations.
The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings before him or her, subject to approval by the county council; and also to issue summons for and compel the appearance of witnesses, to administer oath and preserve order. The opportunity of cross-examination of witnesses shall be afforded all interested parties or their counsel in accordance with the rules of the hearing examiner. (Ord. 2018-032 § 1 (Exh. B)).
2.11.225 Department reports.
The hearing examiner may request reports from appropriate staff. See WCC 22.05.100 for details. (Ord. 2018-032 § 1 (Exh. B)).
2.11.230 Changes in legislation.
The hearing examiner may recommend changes in legislation to the planning department or county council. (Ord. 2018-032 § 1 (Exh. B)).
2.11.235 Additional powers.
The hearing examiner may also exercise administrative powers and such other quasi-judicial powers as may be granted by county ordinance. (Ord. 2018-032 § 1 (Exh. B)).
2.11.240 Limited jurisdiction.
The hearing examiner shall have no jurisdiction over any project that requires a legislative action, such as but not limited to a standard map amendment, a comprehensive plan map change or a shoreline management program amendment. All such projects shall be considered and processed concurrent with and in the same manner as applications for legislative action. The approval or denial of such projects shall be solely within the discretion of the county council. (Ord. 2018-032 § 1 (Exh. B)).
Code reviser’s note: The previous Chapter 2.11, Information Center, was repealed by Ord. 93-042.
See Ch. 2.76 – Administrative services department.