20F.50.35 Hearing Examiner.

20F.50.35-010 Creation and Purpose.

The office of the Hearing Examiner is created independently from the legislative functions of developing and adopting basic goals, policies, plans, programs and regulatory codes. The purpose of establishing an Examiner is to separate the application of land use regulations from policy making; to provide a level of expertise to conduct administrative and quasi-judicial hearings arising from the application of the Redmond Community Development Guide and the rules and procedures developed under it; to better protect and promote the interests of the community; and to expand the principles of fairness and due process in public hearings. (Ord. 2118)

20F.50.35-020 Authority and Duties.

The Hearing Examiner shall conduct public hearings on behalf of and in some cases make recommendations to the City Council as described in RCDG 20F.30.15, Types of Review, or as delegated by the Council. In carrying out the duties, the Examiner shall review available information, maintain an accurate record of the proceedings, determine findings of fact from the record, and form conclusions in support of recommendations and decisions. The findings and conclusions shall also set forth the manner in which the recommendation or decision carries out and conforms to the regulations, goals and policies of the Redmond Community Development Guide. The Examiner shall have the power to issue summons to compel the appearance of witnesses, to preserve order, to reconsider decisions, and shall be free from the interference of individual City Council members, Planning Commission members, City officials, or any other person. The Hearing Examiner may also exercise administrative powers and such other quasi-judicial powers as may be granted by the City Council. On a periodic basis or as the need arises, the Examiner shall report to the Planning Commission on recommended changes to the Redmond Community Development Guide, the resolution of conflicts within it, and additions that address omissions. (Ord. 2118)

20F.50.35-030 Composition.

The Hearing Examiner shall be one person. (Ord. 2118)

20F.50.35-040 Appointment and Qualifications.

After advertising and accepting applications for the position, the Hearing Examiner shall be appointed by the Mayor and confirmed by a majority vote of the City Council. The qualifications shall include, but not be limited to, knowledge of land development, design, land use, law, engineering, planning and economics, the ability to make broad and impartial judgments, and to conduct administrative and quasi-judicial hearings. The Examiner shall hold no additional City office or position. (Ord. 2118)

20F.50.35-050 Vacancies.

Vacancies shall be filled in the same manner as initial appointments. (Ord. 2118)

20F.50.35-060 Removal.

Removal proceedings may be initiated by the Mayor or the City Council, but removal shall only occur after a majority vote of the Council. (Ord. 2118)

20F.50.35-070 Rules.

The Hearing Examiner shall adopt rules to govern proceedings and hearings conducted by that office. The rules shall provide for, but are not limited to, the date, time, place and format of proceedings and hearings, a record of proceedings and reports, summons to compel the appearance of witnesses, administration of oaths, preservation of order, and cross examination of witnesses. The rules of the Examiner shall be approved by the City Council and included in an appendix of the Redmond Community Development Guide. (Ord. 2118)

20F.50.35-080 Staff Services.

The Hearing Examiner may avail himself of staff services from the Department of Planning and Community Development and the Technical Committee as the need arises. (Ord. 2118)

20F.50.35-090 Conflict of Interest.

The Hearing Examiner shall disqualify him/herself from involvement in actions in which she/he has an interest. If she/he disqualifies him/herself or is otherwise unable to serve, the hearing shall be held by a Hearing Examiner Pro Tem. (Ord. 2118)

20F.50.35-100 Appeals from Final Decisions.

Appeals from final decisions of the Hearing Examiner shall be governed by RCDG 20F.30.60, Public Hearings and Appeals. (Ord. 2118)

20F.50.35-110 Disqualification.

Should the Hearing Examiner disqualify himself/herself or be disqualified, the Hearing Examiner Pro Tem shall conduct all hearings and duties involved in the hearing process. The Hearing Examiner Pro Tem shall meet the terms of appointment and qualifications required of the Hearing Examiner as outlined in RCDG 20F.30.35-040. Procedure for removal of the Hearing Examiner Pro Tem will be the same procedure as used for the Hearing Examiner. (Ord. 2118)