Appendix 20F-2 Hearing Examiner Rules
Rules of General Application
I. Definitions
II. Ex Parte Communication
III. Nature of Proceedings
IV. Rights of Parties
V. Presiding Officials
VI. Conduct of Hearings
VII. Withdrawal of Application or Petition
VIII. Recommendation
IX. Decision
X. Appeals
Supplemental Hearing Examiner Rules of Procedure
I. Definitions
II. Nature of Proceedings
III. Rights of Parties
IV. Conduct of Hearings
V. Recommendations
VI. Appeals
Pursuant to RCDG 20F.50.35, Hearing Examiner, the following constitutes all land use and zoning proceedings before the Hearing Examiner of the City of Redmond, Washington.
Rules of General Application
I. Definitions.
A. Definitions.
1. “Applicant” means those applying to the City of Redmond for approval of land uses that conform to the City’s goals, policies, plans and programs of development.
2. “City” means the City of Redmond, Washington.
3. “Council” means the Redmond City Council.
4. “Departmental staff” means departments of City of Redmond, Washington.
5. “Redmond Community Development Guide (RCDG)” means the City of Redmond Community Development Guide and it includes all development principles and standards adopted by the City Council as objectives, goals, policies and plans of the City of Redmond, Washington.
6. “Examiner” means the Hearing Examiner of the City of Redmond.
7. “Ex parte communication” means written or oral communications not included in the public record and made outside of a public hearing.
8. “Interested person” means any individual, partnership, corporation, association, or public or private organization of any character, significantly affected by or interested in proceedings before the Hearing Examiner and shall include any party in a contested case.
9. “Party of record” means:
a. Person who testifies at a hearing;
b. The applicant, developer or any of their agents; and
c. Persons submitting written arguments dealing with the merits of a case.
II. Ex Parte Communication.
A. Expeditious Proceedings. It is the policy of the Office of the Hearing Examiner that, to the extent practicable and consistent with requirements of law, public hearings shall be conducted expeditiously. In the conduct of such proceedings the Hearing Examiner and all parties, or their agents, shall make every effort at each stage of a proceeding to avoid delay.
B. Ex Parte Communications.
1. No person, nor his or her agent, employee, or representative, who is interested in a particular petition or application which is designated for an adjudicatory hearing shall communicate ex parte, directly or indirectly, with the Hearing Examiner concerning the merits of that or a factually related petition or application. This rule shall not prohibit ex parte communications concerning procedural matters.
2. The Hearing Examiner shall not communicate ex parte directly or indirectly with any person, nor his or her agent, employee or representative, interested in a particular petition or application which is designated for an adjudicatory hearing, with regard to the merits of that, or a factually related petition or application. This rule shall not prohibit ex parte communications concerning procedural matters, nor assistance to the Hearing Examiner in viewing the land or building involved in the hearings.
3. If a substantial prohibited ex parte communication is made to or by the Hearing Examiner, such communication shall be publicly disclosed, and proper discretion shall be exercised by the Hearing Examiner on whether to disqualify himself or herself as Hearing Examiner for that particular hearing.
III. Nature of Proceedings.
A. Frequency. Hearings will normally be scheduled on the first and third Mondays of every month. Consistent with the requirements of expedition, hearings may be held on a more frequent basis.
B. Format. The format for a public hearing will be of an informal nature yet designed in such a way that the evidence and facts relevant to a particular proceeding will become the most readily and efficiently available to the Hearing Examiner.
C. View Trip. When necessary to a full understanding of the case, the Hearing Examiner shall inspect the site prior or subsequent to the hearing. Failure to inspect the site will not render the Examiner’s recommendation or decision void.
D. Record of Hearing.
1. Electronic Recordation. Hearings shall be electronically recorded and such recordings shall be a part of the official case record. Copies of the electronic recordings of a particular proceeding shall be made available to the public on request and the reasonable cost of such copying shall be paid by the requester.
2. Copies of any written materials in the record may be obtained by any interested person, although that person shall be responsible for paying the cost of reproducing such material.
E. Computation of Time. Computation of any period of time prescribed or allowed by these rules shall begin with the first day following that on which the act or event initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday or national or State holiday, the period shall run until the end of the next following business day.
IV. Rights of Parties.
A. Rights of Parties. Every applicant shall have the right of due notice, cross-examination (rebuttal), presentation of evidence, objection, motion, argument, and all other rights essential to a fair hearing. The Hearing Examiner may impose reasonable limitations on the number of witnesses heard, and on the nature and length of their testimony.
Cross-examination is permitted as necessary for a full disclosure of the facts.
B. Notice Requirements of Hearings and Filings.
1. All notice and time requirements and methods of notification shall be governed by the standards as set forth in RCDG 20F.30.60, Public Hearings and Appeals.
2. Method of Notification.
a. Written notices shall be posted in the immediate vicinity of the land or structure in question.
b. Additional written notices shall be posted in official posting places within the City and in accordance with RCDG 20F.30.60, Public Hearings and Appeals.
c. Notice shall be published in accordance with RCDG 20F.30.60, Public Hearings and Appeals.
d. Notice mailed to property owners within a 300-foot radius of the property line of the land or project in question. Notice mailed to adjoining property owners for variances and general development permit applications.
3. Affidavit of Notice. A notarized affidavit attesting to the written notice of a given public hearing shall be made a part of each official case record.
V. Presiding Officials.
A. Presiding Officials.
1. Hearings in administrative proceedings shall be presided over by a duly qualified Hearing Examiner.
2. The Hearing Examiner shall have all of the authority and duties as granted him or her in RCDG 20F.50.35, Hearing Examiner. Included in the authority and duties of the Hearing Examiner are the following: to conduct fair and impartial hearings, to take all necessary action to avoid delay in the disposition of proceedings, and to maintain order. He or she shall have all powers necessary to that end, including the following:
a. To administer oaths and affirmations;
b. To issue subpoenas;
c. To rule upon offers of proof and receive evidence;
d. To regulate the course of the hearings and the conduct of the parties and their agents;
e. To question any party presenting testimony at the Hearing;
f. To hold conferences for settlement, simplification of the issues, or any other proper purpose;
g. To consider and rule upon all procedural and other motions appropriate to the proceeding; and
h. To make and file recommendations or decisions.
3. Interference. In the performance of his or her adjudicative functions, the Hearing Examiner shall not be subject to the supervision or direction of any elected official, officer, employee or agent of any municipal department.
4. Should the Hearing Examiner be disqualified for any reason, a Pro Tem Hearing Examiner may be appointed pursuant to RCDG 20F.50.35-110.
B. Presence of Legal Council at Public Hearings or Meetings. At the request and discretion of the Hearing Examiner, a representative of the City Attorney shall be present at public hearings or meetings to advise on matters of law and procedure.
VI. Conduct of Hearings.
A. Content of the Record. The record of a hearing conducted by the Hearing Examiner shall include, but not be limited to, the following materials:
1. The application or petition;
2. The departmental staff reports;
3. All evidence received or considered, which shall include all exhibits and other materials filed;
4. A statement of all matters officially noticed;
5. A decision or a recommended decision containing the findings and conclusions of the Hearing Examiner;
6. Recordings made on electronic equipment; and
7. An environmental determination made pursuant to the State Environmental Policy Act (SEPA).
B. Development of Record. A public hearing shall include, but not be limited to, the following elements: a brief introductory statement by the Hearing Examiner; a report by the departmental staff which shall include introduction of the official file, reference to visual aids (maps), and a summary of the recommendation of the department; testimony by the applicant or petitioner; testimony in support; testimony of opposing parties; opportunity for cross-examination and rebuttal; and opportunity for questions by the Hearing Examiner.
C. Legal Counsel. Parties will be allowed to be represented by legal counsel at all stages of the hearings.
D. Content and Form of Staff Reports. The staff report shall include the following:
1. Names and addresses of the owner(s) and applicant(s) of the subject property.
2. A brief summary of the requested action.
3. A common description of the subject property and a legal description of the subject property.
4. A technical data summary of the land use plan designation and zoning designation of the subject property; the current development of the subject property and the adjoining properties; topographical information; geological and soils information; and information on the vegetation on the property.
5. The current access to the subject property and the proposed access to the subject property.
6. An in-depth analysis of the proposed project and its potential effects on the following elements of the City:
a. Natural features;
b. Character and design, including population figures;
c. Human resources;
d. Housing;
e. Economic development;
f. Transportation;
g. Community facilities, services and institutions;
h. Government jurisdiction boundaries;
i. Neighborhoods;
j. Land use plans; and
k. Land use regulations.
7. A history of the requested action and a history of the development in the surrounding properties.
8. A summary of any other requested land use permits in the area.
9. The compatibility and impact of the proposal on the existing development and the probable character of the proposal.
10. A summary of the reports or recommendations of any other agencies consulted.
11. Appropriate maps of the subject property.
12. The result of the determination pursuant to the State Environmental Policy Act.
13. Staff’s conclusions and recommendations.
14. Summary of public input or reaction to proposal.
E. Continuances of Hearings. If, in the opinion of the Hearing Examiner, more testimony and evidence is necessary to make a recommendation, he or she may continue the hearing with or without date. If continued without date the Hearing Examiner shall reconvene the hearing or close the hearing within a reasonable time.
F. Evidence.
1. Burden of Proof. In each particular proceeding, the petitioner, applicant or the proponent of an individual petition or application shall have the burden of proof.
2. Admissibility. The hearing generally will not be conducted according to technical rules relating to evidence and procedure. Any relevant evidence shall be admitted if it is the type which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The rules of privilege shall be effective to the extent recognized by law. The Hearing Examiner shall retain discretion on the admissibility of all evidence.
3. Copies. Documentary evidence may be received in the form of copies of excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
4. Official Notice. The Hearing Examiner may take official notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within his or her specialized knowledge. When any recommendation or decision of the Hearing Examiner rests, in whole or in part, upon the taking of official notice of a material fact not appearing in evidence of record, opportunity to disprove such notices of fact shall be granted any affected person making timely motion therefor. The Hearing Examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding.
5. Evidence Received Subsequent to the Hearing. If additional evidence is submitted after the public hearing, it will be considered only upon a showing of significant relevance and good cause for delay in its submission. All parties of record will be given notice of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments.
6. All parties will be allowed opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof.
G. Continuation of Hearing.
1. Cause. The Hearing Examiner may continue or reopen proceedings for any good cause he or she deems reasonable and appropriate provided an order is entered prior to the filing of the recommendation or decision.
2. Notification. If the Hearing Examiner determines at a hearing that there is good cause to continue such proceeding and specifies the date, time and place, no further notice is required. When determination for further hearing is made following a hearing on a given matter, all parties of record shall be provided not less than 10 days’ notice of the date, time, place and nature of the subsequent hearing. Such notice shall also be published in the City official newspaper.
VII. Withdrawal of Application or Petition.
A. Withdrawal Prior to Service of Official Notice. If a withdrawal request is made before the official notice of the public hearing is served, the applicant or petitioner shall notify the Planning Department of the withdrawal request and the withdrawal shall be automatically permitted.
B. Withdrawal Made Any Other Time. If a withdrawal request is made at any time other than that mentioned in subsection A of this section, the Hearing Examiner shall use discretion in allowing or disallowing the request.
VIII. Recommendation.
A. Written Recommendations or Decisions. A written report of findings, conclusions, and recommendations shall be forwarded to the City Council and the parties of record after the conclusions of a public hearing. The findings, conclusions and recommendations shall indicate how the recommendations or decision carry out the goals, policies, plans and requirements of the Redmond Community Development Guide and other policies and objectives of the City.
B. Content of Recommendations and Decisions. A recommendation or decision shall include a statement of:
1. The nature and background of the proceeding.
2. Findings of Fact. The findings shall include not only the findings of the ultimate facts but also the basic facts leading up to the ultimate question. The findings shall be based exclusively on the evidence presented in the hearing and those matters officially noticed. The findings of fact shall consist of a concise statement of each fact found upon each contested issue of fact.
3. Conclusions. Whenever practical, the conclusions shall be referenced to specific provisions of the law and regulations or both, together with reasons and precedents relied upon to support the same. The conclusions shall make reference to the effect of the recommendation with reference to the Comprehensive Plan, as well as the effect of both approval and denial on property in the vicinity, business or commercial aspects, if relevant, and on the general public.
4. The appropriate rule, order or relief. The recommendation shall be based upon a consideration of the whole record and supported by reliable, probative and substantial evidence.
C. Procedure for Reopening Hearing or Rehearing.
1. At any time prior to the filing of the recommendation the Hearing Examiner may reopen the proceeding for the reception of further evidence. All parties of record shall be given notice of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments.
2. If within five days after the public hearing any party of record petitions the Hearing Examiner for a reopening of the hearing, the Hearing Examiner shall have discretion to reopen the hearing to consider new testimony or new evidence that was unavailable at the time of the hearing.
3. Reconsideration. Any interested person may file a written request with the Hearing Examiner for reconsideration within 10 business days of the date of the Hearing Examiner’s recommendation. The request shall explicitly set forth alleged errors of procedure or fact. The Hearing Examiner shall act within 10 business days after the date of the filing of the request for reconsideration by either denying the request, issuing a revised recommendation or calling for an additional public hearing. If an additional hearing is called for, the notice of said hearing shall be mailed to all parties of record not less than seven days prior to the hearing date.
IX. Decision.
A. Written Decision. A written report of findings, conclusions and decision shall be forwarded to the City Council and the parties of record after the conclusion of a public hearing. The findings and conclusions shall indicate how the decision carries out the goals, policies, plans and requirements of the Redmond Community Development Guide and other policies and objectives of the City.
B. Content of Decision. A decision shall include a statement of:
1. The nature and background of the proceeding.
2. Findings of Fact. The findings shall include not only the findings of the ultimate facts, but also the basic facts leading up to the ultimate questions. The findings shall be based exclusively on the evidence presented in the hearing and those matters officially noticed. The findings of fact shall consist of a concise statement of each fact found upon each contested issue of fact.
3. Conclusions. Whenever practical, the conclusions shall be referenced to specific provisions of the law and regulations or both, together with reasons and precedents relied upon to support the same. The conclusions shall make reference to the effect of the decision with reference to the Comprehensive Plan, as well as the effect of both approval and denial on property in the vicinity, business or commercial aspects, if relevant, and on the general public.
4. The Appropriate Rule, Order or Relief. The decision shall be based upon a consideration of the whole record and supported by reliable, probative and substantial evidence.
C. Procedure for Reopening Hearing or Rehearing.
1. At any time prior to the filing of the decision, the Hearing Examiner may reopen the proceeding for the reception of further evidence. All parties of record shall be given notice of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments.
2. If within five days after the public hearing any party of record petitions the Hearing Examiner for a reopening of the hearing, the Hearing Examiner shall have discretion to reopen the hearing to consider new testimony or new evidence that was unavailable at the time of the hearing.
3. Reconsideration. Any interested person may file a written request with the Hearing Examiner for reconsideration within 10 business days of the date of the Hearing Examiner’s decision. The request shall explicitly set forth alleged errors for procedure or fact. The Hearing Examiner shall act within 10 business days after the date of the filing of the request for an appeal by either denying the request, issuing a revised decision, or calling for an additional public hearing. If an additional hearing is called for, notice of said hearing shall be mailed to all parties of record not less than seven days prior to the hearing date.
X. Appeals.
A. When all reconsideration periods have expired and the Hearing Examiner has issued a final decision, the decision may be appealed to the City Council. Appeals must be written and be filed with the Department of Planning and Community Development no later than 10 business days after the date of the Hearing Examiner’s final action.
Supplemental Hearing Examiner Rules of Procedure
Local Improvement District (LID) Hearings
Introduction
The “Rules of General Application” of this appendix shall apply to all hearings involving LID formation or application of assessments within an LID except where clearly inapplicable or where specifically modified by these supplemental rules. If any conflict exists between the Hearing Examiner Rules and these supplemental rules, the supplemental rule shall control.
I. Definitions.
A. “Petitioner” means the City or those individuals who desire to form a local improvement district.
B. “Affected property owner” means those individuals who are owners of record of property within a proposed LID.
II. Nature of Proceedings.
A. Frequency. Hearings will be scheduled at a convenient time for all interested parties. Normally, hearings will be scheduled during the work hours of the City.
III. Rights of Parties.
A. Notice Requirements of Hearings and Filings. A public hearing shall be held on the creation of a proposed local improvement district initiated by petition or by Council resolution.
Notice of the hearing shall be provided as established in Chapters 35.43 and 35.44 RCW.
The notice of hearing upon the assessment roll shall specify the time and place of hearing and shall notify all persons who may object thereto:
1. To make their objections in writing and to file them with the City or Town Clerk at or prior to the date fixed for hearing;
2. That the Council will sit as a board of equalization for the purpose of considering the roll. Pursuant to the authority of RCW 35.44.070, the Redmond City Council delegated the Redmond Hearing Examiner to hold hearings for the purpose of considering the roll;
3. That at the hearings the Examiner will consider the objections made and will correct, revise, raise, lower, change, or modify the roll or any part thereof or set aside the roll and order the assessment to be made de novo. RCW 35.44.080. Such information shall be provided to the Redmond City Council in the form of a recommendation from the Redmond Hearing Examiner.
IV. Conduct of Hearings.
(Reserved).
V. Recommendations.
A. Procedure for Reopening Hearing or Rehearing.
1. Reconsideration. Any interested person may file a written request for reconsideration of the Examiner’s Recommendation within five days of the date of the Hearing Examiner’s recommendation, unless the City Council has scheduled action on the recommendation sooner than five days following the date of the recommendation in which case a request for reconsideration must be filed by 4:30 p.m. on the day preceding the day the Council has scheduled action on the recommendation. The request shall specifically set forth alleged errors of procedure or fact. If a request for reconsideration is filed, no Council action shall be taken on the recommendation until a decision on a reconsideration request is issued by the Hearing Examiner. The Hearing Examiner shall respond to the request for reconsideration within 10 business days from the date of filing of the request for reconsideration.
VI. Appeals.
A. The Hearing Examiner shall issue a recommendation only in LID proceedings to only the City Council which is authorized to issue final decisions. Consequently, there shall be no appeal of the recommendation of the Hearing Examiner. Any person aggrieved by the final action of the City Council may seek judicial review in a court of appropriate jurisdiction.
(Formerly Appx. A)