Chapter 2.34
HEARING EXAMINER
Sections:
2.34.010 Creation of hearing examiner system.
2.34.040 Freedom from improper influence.
2.34.050 Conflict of interest.
2.34.010 Creation of hearing examiner system.
There is created the office of the Mount Vernon hearing examiner. The examiner shall interpret, review and implement land use regulations as provided by ordinance and may perform other quasi-judicial functions as are delegated by ordinance. Unless the context requires otherwise, the term “examiner” or “hearing examiner” as used in this chapter shall include deputy examiners and examiners pro tem. (Ord. 2860 § 1(A), 1998).
2.34.020 Appointment.
The hearing examiner shall be employed by professional service agreement or otherwise as directed by the city council. The council may also appoint and employ deputy examiners, and the mayor may appoint examiners pro tem, to serve in the event of the examiner’s absence or inability to act. (Ord. 2860 § 1(B), 1998).
2.34.030 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. (Ord. 2860 § 1(C), 1998).
2.34.040 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 be read as prohibiting the city staff from making such reports and recommendations as are required in the exercise of their duties; and provided, further, this section shall not prohibit the city attorney from rendering legal service to the examiner upon request. (Ord. 2860 § 1(D), 1998).
2.34.050 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 exist or may hereafter be amended. (Ord. 2860 § 1(E), 1998).
2.34.060 Rules.
The examiner shall have the power to prescribe rules, consistent with city ordinances, for the scheduling and conduct of hearings and other procedural matters related to the duties of the office. (Ord. 2860 § 1(F), 1998).
2.34.070 Powers.
The hearing examiner shall have the authority to:
A. Receive and examine available information;
B. Hold and conduct public hearings in accordance with Chapter 14.05 MVMC, Chapter 42.32 RCW, and all other applicable law, and to prepare a record thereof;
C. Make recommendations and decisions on all applications, permits or approvals as described in Chapter 14.05 MVMC;
D. Hear and make final decisions on appeals made pursuant to Chapter 17.96 MVMC;
E. Administer oaths and affirmations;
F. Issue subpoenas and examine witnesses; provided, that no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law;
G. Regulate the course of hearings;
H. Make and enter written findings of fact and conclusions to support his or her decisions;
I. At the examiner’s discretion, hold conferences for the settlement or simplification of the issues;
J. Conduct discovery;
K. Dispose of procedural requests of similar matters;
L. Take official notice of matters of law or material facts;
M. Issue summary orders in supplementary proceedings;
N. Take any other action authorized by or necessary to carry out this chapter and those matters within the jurisdiction of the examiner; and
O. Make recommendations and decisions on all constitutional issues including constitutional takings. (Ord. 3329 § 1, 2006; Ord. 2958 § 2, 1999; Ord. 2860 § 1(G), 1998).