Chapter 1.11
Hearing Examiner
Sections:
1.11.010 Creation of Hearing Examiner system.
1.11.020 Appointment and term.
1.11.040 Freedom from improper influence.
1.11.050 Conflict of interest.
1.11.010 Creation of Hearing Examiner system.
The office of the DuPont Hearing Examiner, hereinafter referred to as the Examiner, is hereby created. The Examiner shall interpret and review land use determinations, SEPA determinations, permitting determinations, and code enforcement actions made by the City as provided by ordinance and the DuPont Municipal Code (DMC) and may perform any other quasi-judicial functions as are delegated by ordinance. Unless the context requires otherwise, the term “Examiner” as used in this chapter shall include Deputy Examiners and Examiners Pro Tem. (Ord. 01-699 § 1; Ord. 08-863 § 1; Ord. 19-1062 § 2 (Exh. A)).
1.11.020 Appointment and term.
The Mayor shall appoint the Examiner for a maximum term of one year. The Mayor may also appoint Deputy Examiners or Examiners Pro Tem in the event of the Examiner’s absence or inability to act. The City may terminate the agreement for Hearing Examiner services at any time with 30 days’ notice. (Ord. 01-699 § 1; Ord. 08-863 § 1; Ord. 19-1062 § 2 (Exh. A)).
1.11.030 Qualifications.
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings and to discharge other delegated functions. Examiners shall hold no other elective or appointive office or position with City government. (Ord. 01-699 § 1; Ord. 08-863 § 1; Ord. 19-1062 § 2 (Exh. A)).
1.11.040 Freedom from improper influence.
No person, including City officials, elected or appointed, shall attempt to influence an Examiner in any matter pending before him or her, except at a public hearing duly called for such purpose, or to interfere with an Examiner in the performance of his or her duties in any other way; provided, that this section shall not prohibit the City Planning Commission or City Attorney from rendering services to the Examiner upon request. (Ord. 01-699 § 1; Ord. 08-863 § 1; Ord. 19-1062 § 2 (Exh. A)).
1.11.050 Conflict of interest.
The Examiner shall be subject to the same code of ethics as other appointed public officers in code cities, as set forth in RCW 35.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended. (Ord. 01-699 § 1; Ord. 08-863 § 1; Ord. 19-1062 § 2 (Exh. A)).
1.11.060 Rules.
Hearings conducted by the Examiner in the course of the duties of her or his office shall be conducted pursuant to this chapter and any applicable portion of the DMC and the procedural rules set forth at RCW 34.05.428 through 34.05.461 which are incorporated herein by reference. Within RCW 34.05.428 through 34.05.461, as applied to hearings conducted by the Examiner, the term “Agency” shall mean the City and the term “Presiding Officer” shall mean Examiner. To the extent any portion of the DMC conflicts with any portion of RCW 34.05.428 through 34.05.461 the DMC shall control. (Ord. 01-699 § 1; Ord. 08-863 § 1; Ord. 19-1062 § 2 (Exh. A)).
1.11.070 Powers.
The Examiner shall have the authority to:
(a) Receive and examine available information;
(b) Conduct public hearings in accordance with this chapter, the applicable portions of the DMC and all other applicable law, and to prepare a record thereof;
(c) Administer oaths and affirmations;
(d) Issue subpoenas and examine witnesses; provided, that no person shall be compelled to divulge information that he or she could not be compelled to divulge in a court of law;
(e) Regulate the course of the hearing, including but not limited to scheduling of hearing, issuing notices of hearing, conducting prehearing conferences and ruling on prehearing motions, stipulations or settlements;
(f) Make and enter written findings of fact and conclusions to support his or her decisions;
(g) Hold prehearing conferences for the purpose of scheduling, motion practice, resolution of prehearing disputes and the settlement or simplification of the issues and may issue rulings and orders as appropriate;
(h) Conduct discovery;
(i) Dispose of procedural requests or similar matters;
(j) Take official notice of matters of law or material facts;
(k) Issue summary orders in supplementary proceedings; and
(l) Take any other action authorized by or necessary to carry out this chapter.
The above authority may be exercised on all matters for which jurisdiction is assigned to the Examiner by City ordinance, code or other legal action of the City Council. The nature of the Examiner’s decision shall be as specified in each ordinance or code which grants jurisdiction to the Examiner. (Ord. 01-699 § 1; Ord. 08-863 § 1; Ord. 19-1062 § 2 (Exh. A)).
1.11.080 Authority.
The Examiner shall have the exclusive authority to hold hearings and make decisions on all applications, permits, determinations or approvals as described in DMC Titles 23 and 25, or as otherwise set forth in any applicable title or chapter of the DMC. (Ord. 01-699 § 1; Ord. 08-863 § 1; Ord. 19-1062 § 2 (Exh. A)).