Chapter 2.65
HEARING EXAMINER
Sections:
2.65.020 Appointment and terms.
2.65.050 Conflict of interest – Appearance of fairness.
2.65.060 Freedom from improper influence.
2.65.070 Duties of the Examiner.
2.65.080 Examiner’s decision – Effect.
2.65.100 Rules and regulations.
2.65.120 Appeal of Examiner’s decision.
2.65.010 Office created.
The office of the Hearing Examiner, hereinafter referred to as “Examiner,” is hereby created. The term “Examiner” shall likewise include any Examiner Pro-tem. (Ord. O-00-126 § 1).
2.65.020 Appointment and terms.
The Examiner shall be appointed by the City Manager and shall serve on such terms and conditions as shall be mutually agreed upon. (Ord. O-00-126 § 2).
2.65.030 Qualifications.
The Examiner shall be appointed solely with regard to his or her qualifications for the duties of the office and will have such training and experience as will qualify the Examiner to conduct administrative and quasi-judicial hearings on regulatory enactments and to discharge such other functions conferred upon the Examiner by the City Council. The Examiner shall hold no other elective or appointive office or position in the City government. (Ord. O-00-126 § 3).
2.65.040 Examiner Pro-tem.
Any Examiner Pro-tem shall be appointed by the City Manager after consultation with the Examiner and shall, in the event of the absence or the inability of the Examiner to act, have all the duties and powers of the Examiner. (Ord. O-00-126 § 4).
2.65.050 Conflict of interest – Appearance of fairness.
Participants in the land use regulatory process have the right, insofar as possible, to have the Examiner free from personal interest or prehearing contacts on 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 interest or prehearing contact impairs the Examiner’s ability to act on the matter, the Examiner shall recuse him or herself from such matter, unless all parties agree in writing to have the matter heard by said Examiner. The Examiner shall not conduct or participate in any hearing or decision in which the Examiner has direct or indirect personal interest which might interfere with his or her decision making process. Any actual or potential conflict of interest shall be disclosed by the Examiner to the parties immediately upon discovery of such conflict. (Ord. O-10-420 § 2; Ord. O-00-126 § 5).
2.65.060 Freedom from improper influence.
No Councilmember, City official or any other person shall attempt to interfere with, or improperly influence the Examiner in the performance of his or her designated duties. (Ord. O-00-126 § 6).
2.65.070 Duties of the Examiner.
The Examiner shall have authority to consider and decide the matters set forth below:
A. General. The Examiner shall receive and examine available information, conduct applicable public hearings and prepare records and reports thereof, and issue recommendations or decisions, including findings and conclusions based on the issues and evidence in the record, pursuant to applicable municipal code sections. Where no procedure for an appeal is set forth in the applicable chapter of the municipal code, or ordinance, the procedure for such appeal shall be as set forth in this section.
1. Any appeal rights granted by the municipal code or by ordinance must be exercised within 14 calendar days of the decision being appealed by filing a notice of appeal. Any appeal fee specified in the municipal code or ordinance must be paid at the time the notice of appeal is filed. If the due date for the filing of a notice of appeal falls on a Saturday, Sunday or legal holiday, the next day that is not a Saturday, Sunday or legal holiday shall be the due date for the filing of a notice of appeal.
2. The notice of appeal shall be addressed to the applicable department director, or City Manager. The notice of appeal must be received by 5:00 p.m. of the deadline for filing the notice of appeal.
3. The notice of appeal shall specify:
a. The name, address, and telephone number of the appellant;
b. Appellant’s statement describing his or her standing to appeal;
c. Identity of the application which is the subject of the appeal;
d. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based; and
e. The relief sought, including the specific nature and extent of the request.
4. The department director or City Manager or his/her designee shall promptly notify the Examiner of the City’s receipt of the notice of appeal and filing fee, and the Examiner shall set a date for a hearing on the appeal.
5. The Examiner may grant or deny the appeal, or may grant the appeal with such conditions, modifications, and restrictions as the Examiner finds necessary to carry out applicable law. The Examiner’s decision may be accompanied by an order, at the discretion of the Examiner, as necessary to implement the Examiner’s decision. Sections 1 and 2 of the Maple Valley Hearing Examiner Rules of Procedure for Hearings are applicable.
B. Land Use Matters. The Examiner shall receive and examine available information, conduct applicable public hearings and prepare records and reports thereof, and issue recommendations or decisions, including findings and conclusions based on the issues and evidence in the record.
1. Process 2 Appeals. Process 2 appeals are governed by Chapter 18.100 MVMC and Sections 1 and 2 of the Maple Valley Hearing Examiner Rules of Procedure for Hearings. The Examiner may grant or deny the appeal, or may grant the appeal with such conditions, modifications, and restrictions as the Examiner finds necessary to carry out applicable law. The Examiner’s decision may be accompanied by an order, at the discretion of the Examiner, as necessary to implement the Examiner’s decision.
2. Process 3 Land Use Decisions. Process 3 decisions are governed by Chapter 18.100 MVMC and Sections 1 and 3 of the Maple Valley Hearing Examiner Rules of Procedure for Hearings. The Examiner shall receive and examine available information, conduct an open record public hearing and prepare records and reports thereof, and issue a final decision for all Process 3 land use matters.
3. When an appeal or a recommendation has been set for public hearing, the Department of Community Development shall coordinate and assemble the comments and recommendations of other City departments and governmental agencies having an interest or authority in the subject application and shall prepare a report summarizing the factors involved and the Department’s findings and recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the Examiner and copies thereof shall be mailed to the applicant and shall be made available for use by any interested party for the cost of reproduction. In the event the applicant is unable to attend the scheduled hearing, the Examiner may grant a continuance. (Ord. O-13-535 § 1; Ord. O-10-420 § 3; Ord. O-00-126 § 7).
2.65.080 Examiner’s decision – Effect.
A. General. When the Examiner renders a decision or recommendation, the Examiner shall make and enter written findings and conclusions which support such decision, and may issue any orders deemed necessary to implement the decision. The findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with applicable law. The decision or recommendation shall be rendered as soon as possible but in all events within 20 calendar days of the conclusion of the hearing.
B. Land Use Matters. The decision of the Examiner to approve, modify, or deny an application or an appeal pursuant to MVMC 18.100.040(B) shall be final and conclusive unless, as applicable, a written appeal is filed according to the City’s appeal procedures as set forth in MVMC 18.100.040(B) and 18.100.230.
C. Non-Land Use Matters. The decision of the Examiner is final and conclusive, and may be appealable pursuant to applicable City code and State law. (Ord. O-13-535 § 2; Ord. O-00-126 § 8).
2.65.090 Dismissal.
A. Land Use Matters. The requirements of MVMC 18.100.230(D), (E), (F), and (G) are jurisdictional. On its own motion, or on the motion of any party, the Examiner shall dismiss an appeal for failure of an appellant to satisfy all the jurisdictional requirements set forth in MVMC 18.100.230(D), (E), (F), and (G).
B. Non-Land Use Matters. The requirements of MVMC 5.25.090, and MVMC 5.35.130, and any other municipal code or ordinance provision that sets forth a deadline for the filing of an appeal or notice of appeal are jurisdictional. On its own motion, or on the motion of any party, the Examiner shall dismiss an appeal for failure of an appellant to satisfy all the jurisdictional requirements set forth in MVMC 5.25.090 and 5.35.130 or any other applicable municipal code or ordinance. (Ord. O-13-535 § 3; Ord. O-00-126 § 9).
2.65.100 Rules and regulations.
The Examiner shall have the authority to prescribe rules and regulations for the conduct of hearings under this chapter, for the purpose of, including but not limited to: administration of oaths, issuance of subpoenas, and the preservation of order and efficiency. The Examiner may adopt rules of procedure to carry out his or her specified authority and any authority necessarily implied by the grant of authority from the City Council. Such rules shall be applicable to all proceedings under the Hearing Examiner’s authority. (Ord. O-13-535 § 4; Ord. O-00-126 § 10).
2.65.110 Reconsideration.
A party of record may make a written request for reconsideration by the Examiner within 10 calendar days of the date the decision is rendered. Grounds for requesting reconsideration shall be limited to the following: (A) the decision or conditions of approval are not supported by facts in the record; (B) the decision contains one or more errors of law; (C) there is newly discovered evidence potentially material to the decision which could not reasonably have been produced before the appeal hearing; or (D) the applicant proposes changes to the proposal in response to deficiencies identified in the decision. There may be only one reconsideration request per application. No request for reconsideration shall be allowed for a revised/amended decision issued by the Examiner in response to a request for reconsideration. (Ord. O-13-535 § 5; Ord. O-10-420 § 4; Ord. O-00-126 § 11).
2.65.120 Appeal of Examiner’s decision.
A. Land Use Matters. Any appeal of the Examiner’s decision shall be to the Superior Court pursuant to MVMC 18.100.240.
B. Non-Land Use Matters. Any appeal of the Examiner’s decision shall be to the Superior Court. (Ord. O-13-535 § 6; Ord. O-10-420 § 5; Ord. O-00-126 § 12).
2.65.130 Reconsideration.
Repealed by Ord. O-13-535. (Ord. O-10-420 § 6; Ord. O-00-126 § 13).
2.65.140 Council action.
Repealed by Ord. O-10-420. (Ord. O-00-126 § 14).
2.65.150 Appeal of Examiner’s decision.
Repealed by Ord. O-13-535. (Ord. O-10-420 § 8).