Chapter 2.46
HEARING EXAMINER
Sections:
2.46.010 Office of hearing examiner created—Purpose.
2.46.020 Appointments—Qualifications.
2.46.040 Authority and duties.
2.46.010 Office of hearing examiner created—Purpose.
There is hereby created the office of hearing examiner as an independent office of the city for the conduct of hearings and the rendering of decisions on such matters as are delegated to the hearing examiner by ordinance. (Ord. 2005-26 § 1 (part), 2005)
2.46.020 Appointments—Qualifications.
A. The hearing examiner shall be appointed by the mayor and confirmed by a vote of the city council. The mayor is also authorized from time to time to appoint hearing examiners pro tempore to serve on a day-to-day basis due to the absence, unavailability, incapacity or disqualification of the hearing examiner. The mayor’s appointment of hearing examiners pro tempore shall also be confirmed by a vote of the city council.
B. The hearing examiner and all hearing examiners pro tempore shall be experienced in land use, planning, subdivision, development, and related matters, and shall have the ability to make broad and impartial judgments and to conduct administrative and quasi-judicial hearings.
C. Hearing examiner services may be provided by contract with a qualified individual or firm. Any such contract shall be subject to approval by the Poulsbo city council. (Ord. 2005-26 § 1 (part), 2005)
2.46.030 Termination.
The hearing examiner shall serve at the pleasure of the mayor and the mayor shall have the authority to terminate the services of the hearing examiner at any time, with or without cause. Any contract between the city and any person or firm providing hearing examiner services shall provide for such termination and for the transition of pending matters to the successor of the terminated hearing examiner. (Ord. 2005-26 § 1 (part), 2005)
2.46.040 Authority and duties.
A. The hearing examiner shall conduct such hearings and proceedings and shall have such decision-making authority as may be delegated to the hearing examiner by the Poulsbo city council.
B. The hearing examiner shall adopt rules to govern proceedings and hearings conducted by the hearing examiner. The rules shall be consistent with the authority delegated to the hearing examiner for each such proceeding or hearing and with other applicable laws governing such hearings or proceedings. The rules shall provide for, but not be limited to, the format for such hearings or proceedings, the issuance of subpoenas to compel the attendance of witnesses, administration of oaths and affirmations, interrogatories and depositions, examination and cross-examination of witnesses, and any other matters deemed necessary by the hearing examiner for the fair and efficient conduct of proceedings and hearings.
C. The hearing examiner shall make such decisions as may be provided for by ordinance and shall make written findings of fact and conclusions of law in support of such decisions.
D. The hearing examiner may make recommendations for revision to relevant codes and ordinances that will clarify or otherwise improve the development review process and any other process in which the hearing examiner has been provided a role by ordinance.
E. The hearing examiner shall have all of the powers and duties formerly provided by this code to the board of adjustment and the construction board of appeals, including, but not limited to, all such powers and duties regarding zoning variances, interpretation of construction codes, and construction appeals. Whenever the terms “board of adjustment” or “construction board of appeals” appear in this code, said terms shall be deemed to refer to the hearing examiner. (Ord. 2007-26 § 2, 2007; Ord. 2005-26 § 1 (part), 2005)