Chapter 14.12
APPEALS
Sections:
14.12.010 Administrative appeals.
14.12.005 Appeals.
A. An administrative appeal of a decision of the department after full administrative review shall be timely filed with the department by the applicant or any party of record. The hearing examiner shall hear the administrative appeal as an open record appeal at a public hearing.
B. There shall be no administrative appeal of a decision of the hearing examiner or zoning adjustor. An appeal of a decision of the hearing examiner or the zoning adjustor shall be timely filed as a judicial appeal in the superior court.
C. An appeal of a final legislative decision of the board of commissioners after legislative review shall be timely filed as a judicial appeal.
D. The county shall have no obligation to the applicant or any party to defend an appeal from a decision of the department, hearing examiner, zoning adjustor or the board of commissioners. (Ord. TLS 01-01-04B Exh. B (part): Ord. TLS 97-05-34B Exh. B (part))
14.12.010 Administrative appeals.
A. An administrative appeal to the hearing examiner shall be filed with the department within fourteen days of the issuance of the decision appealed, together with the applicable appeal fee.
B. The notice of appeal shall contain a concise statement identifying:
1. The decision being appealed;
2. The name and address of the appellant and his/her interest(s) in the application or proposed development;
3. The specific reasons why the appellant believes the decision to be erroneous, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall have the burden of proving the decision is erroneous;
4. The specific relief sought by the appellant;
5. The appeal fee. (Ord. TLS 15-13-40B Exh. A (part): Ord. TLS 97-05-34B Exh. B (part))
14.12.020 Judicial appeals.
A. Appeals of an action of the county with respect to an application, for which all administrative appeals specifically authorized have been timely exhausted, shall be filed in the Douglas County superior court and served on all necessary parties within twenty-one days after the date of issuance of the notice of final decision, as determined pursuant to RCW 36.70C.040.
B. Notice of the appeal and any other pleadings required to be filed with the superior court shall be served on the Douglas County prosecuting attorney, the administrator of transportation and land services and the director of land services within the twenty-one-day time period.
C. The appellant shall arrange for transcription of any hearings held on the application and file all transcripts. All costs of transcription and preparing the record on appeal shall be paid by the appellant. The appellant shall, prior to the department’s preparation of the record, pay an advance deposit to the department in an amount determined by the department’s fee schedule for copying materials. The fee schedule shall represent the department’s reasonable costs of duplicating the record. Any excess advance deposit shall be promptly refunded to the appellant. (Ord. TLS 97-05-34B Exh. B (part))
14.12.030 SEPA appeals.
A. A major purpose of this title is to combine environmental considerations with public decisions. Therefore, any appeal brought under the State Environmental Policy Act (SEPA) shall be linked to a specific governmental action. SEPA provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of RCW Chapter 43.21C, WAC Chapter 197-11 and Title 19 of the Douglas County Code. It is not intended to create an independent cause of action unrelated to a specific governmental action.
B. Appeals under SEPA shall be taken from the land use permit decision of the county, together with its accompanying environmental determinations.
C. Appeals of environmental determinations made (or lacking) under SEPA shall be commenced within the time required to appeal the governmental action which is subject to environmental review to superior court. There shall be no administrative appeal of a county action or failure to act with respect to environmental determinations under SEPA.
D. A person aggrieved by a county action or failure to act has the right to a judicial appeal pursuant to RCW Chapter 43.21 C, RCW Chapter 36.70C and WAC Chapter 197-11. There is no administrative appeal of county environmental determinations made (or lacking) under SEPA provided by this title. (Ord. TLS 97-05-34B Exh. B (part))