Chapter 2.34
HEARING EXAMINER
Sections:
2.34.010 Hearing examiner established.
2.34.050 Freedom from improper influence.
2.34.060 Conflict of interest.
2.34.090 Authority of hearing examiner to hear impact fee appeals.
2.34.100 Conflicting code procedures and rules of procedure.
2.34.010 Hearing examiner established.
There is created the office of the Sedro-Woolley hearing examiner. The hearing examiner shall interpret, review and implement land use regulations as provided by ordinance and may perform other quasi-judicial functions as are delegated by the ordinance codified in this chapter. Unless the context requires otherwise, the term “examiner” or “hearing examiner” as used in this chapter shall include examiners pro-tem. (Ord. 1607-08 § 1 (part), 2008)
2.34.020 Appointment.
The mayor shall appoint a hearing examiner and hearing examiners pro-tem, as needed. The mayor is authorized to execute professional service contracts with examiners, in a form approved by the city attorney, provided that such contract conforms with this chapter of the SWMC as exists or is hereafter amended. An examiner pro-tem shall serve in the event of the absence or disqualification of the examiner. (Ord. 1607-08 § 1 (part), 2008)
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 quasijudicial hearings and to discharge other delegated functions. The hearing examiner shall comply with the cannons of judicial conduct as promulgated by the Washington Supreme Court. (Ord. 1607-08 § 1 (part), 2008)
2.34.040 Removal.
Examiners may be removed from office for cause by the mayor, subject to confirmation of a majority vote of the city council. (Ord. 1607-08 § 1 (part), 2008)
2.34.050 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. 1607-08 § 1 (part), 2008)
2.34.060 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 35A.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended. (Ord. 1607-08 § 1 (part), 2008)
2.34.070 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. 1607-08 § 1 (part), 2008)
2.34.080 Duties.
The hearing examiner is vested with the duty and authority to hold public hearings, render decisions and exercise the following powers:
A. Receive and examine available information;
B. Hold and conduct public hearings in accordance with SWMC Chapter 2.90, RCW Chapter 42.32, 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 SWMC Chapter 2.90;
D. Hear and make final decisions on appeals made pursuant to SWMC Chapter 2.90;
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; and
N. Take any other action authorized by or necessary to carry out this chapter and those matters within the jurisdiction of the examiner. (Ord. 1607-08 § 1 (part), 2008)
2.34.090 Authority of hearing examiner to hear impact fee appeals.
A. Pursuant to RCW 82.02.070(5), the hearing examiner shall have authority to hear and determine impact fee appeals as set forth in Section 8 of the Impact Fee Ordinance, Chapter 15.60 of the Sedro-Woolley Municipal Code. For this section, decisions of the hearing examiner are subject to review by the city council.
B. Pursuant to RCW 82.02.070(5), the hearing examiner shall have authority to hear and determine impact fee appeals as set forth in Section 8 of the Sedro-Woolley School District No. 101 Impact Fee Ordinance, Chapter 15.64 of the Sedro-Woolley Municipal Code. For this section, decisions of the hearing examiner are subject to review by the city council. (Ord. 1607-08 § 1 (part), 2008)
2.34.100 Conflicting code procedures and rules of procedure.
Any and all provisions of this code, and any and all provisions of the rules of procedure adopted by the examiner, which are in conflict with this chapter are superseded. (Ord. 1607-08 § 1 (part), 2008)