Chapter 18.03
HEARING EXAMINER
Sections:
18.03.020 Establishment of hearing examiner system.
18.03.050 Examiner pro tempore – Qualifications and duties.
18.03.060 Conflict of interest and freedom from improper influence.
18.03.010 Intent.
It is the intent of the chapter to:
A. Provide a single, efficient, integrated land use regulatory system which integrates the public hearing and decision-making process for land use matters;
B. Provide a greater degree of due process in land use regulatory hearings and expand the principles of appearance of fairness; and
C. Separate the land use policy formulation and the land use policy administration process. (Ord. 995 § 12 (Exh. A), 2015).
18.03.020 Establishment of hearing examiner system.
The hearing examiner shall interpret, review and implement land use regulations as provided in this code and other ordinances. The term “hearing examiner” shall likewise include the hearing examiner pro tem. (Ord. 995 § 12 (Exh. A), 2015).
18.03.030 Appointment.
The hearing examiner and examiner pro tem shall be appointed by the mayor and confirmed by the city council. (Ord. 995 § 12 (Exh. A), 2015).
18.03.040 Qualifications.
The hearing examiner shall be appointed solely with regard to qualifications for the duties of such office which shall include, but not be limited to, persons with appropriate educational experience, such as an urban planner, public administrator, or land use attorney with at least five years experience, persons who have extensive experience in planning work in a responsible capacity, and persons with legal experience, particularly where the experience is in the area of land use management of administrative law. The hearing examiner shall hold no other elective or appointive office or position in the city of Yelm. (Ord. 995 § 12 (Exh. A), 2015).
18.03.050 Examiner pro tempore – Qualifications and duties.
The hearing examiner pro tem shall, in the event of the absence or the inability of the hearing examiner to act, have all the qualifications, duties and powers of the hearing examiner. (Ord. 995 § 12 (Exh. A), 2015).
18.03.060 Conflict of interest and freedom from improper influence.
The hearing examiner shall not conduct or participate in any hearing or decision in which the hearing examiner has a direct or indirect personal or financial interest which might exert such influence upon the hearing examiner as to interfere with his/her decision making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict.
Participants in the land use regulatory process have the right, insofar as possible, to have the hearing examiner free from personal interest or pre-hearing 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. If such personal or pre-hearing interest contact impairs the hearing examiner’s ability to act on the matter, such person shall so state and shall abstain therefrom to the end so that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said hearing examiner.
No council member, city official, or any other person shall attempt to interfere with, or improperly influence the hearing examiner in the performance of his/her designated duties. This section shall not prohibit the city attorney from rendering legal services to the hearing examiner upon request. (Ord. 995 § 12 (Exh. A), 2015).
18.03.070 Rules.
The hearing examiner shall have the power to prescribe rules for the scheduling and conduct of hearings, to administer oaths, and other rules of procedure as related to the duties of his/her office. (Ord. 995 § 12 (Exh. A), 2015).
18.03.080 Powers and duties.
The hearing examiner shall conduct public hearings for the purpose of receiving and examining available information, prepare a record thereof, and enter findings of fact and conclusions based upon these facts and a decision which shall represent the final action on the application, unless appealed.
The hearing examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based on those facts, together with a recommendation to the city council.
The hearing examiner shall make recommendations for revision to relevant codes and ordinances which will clarify or otherwise improve the development review process. (Ord. 995 § 12 (Exh. A), 2015).