Chapter 18.20
HEARING EXAMINER
Sections:
18.20.050 Ex parte communications.
18.20.060 Conflict of interest.
18.20.010 Authority.
The hearing examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.70B.120(3) and Chapter 58.17 RCW et seq. (Ord. 22-012 § 5, 2022; Ord. 09-023 § 1, 2009; Ord. 07-015 § 4, 2007).
18.20.020 Appointment.
A. The hearing examiner is appointed by the city manager with regard only for qualifications for the duties of the office. The city manager alternatively may contract for hearing examiner services or may appoint one or more hearing examiners pro tem.
B. The qualifications for the office of hearing examiner include a license to practice law in the state of Washington, expertise in land use law and planning and the training and experience necessary to conduct administrative or quasi-judicial hearings and to issue decisions and recommendations on land use planning and regulatory matters. (Ord. 22-012 § 5, 2022; Ord. 09-023 § 1, 2009).
18.20.030 Powers and duties.
A. The hearing examiner shall be under the administrative supervision of the city manager.
B. The hearing examiner shall have the following powers and duties:
1. Annually provide a written report to the city manager or designee and city council that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations.
2. Upon request, meet with the city manager or designee or city council to discuss the written report.
3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decisions, or recommendations.
4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to:
a. Conduct prehearing conferences;
b. Require the submittal of information;
c. Schedule and continue hearings;
d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings;
e. Receive evidence and cause preparation of the record;
f. Regulate the course of hearings and the conduct of the parties and their agents;
g. Maintain order during the hearing process;
h. Render decisions and issue written findings and conclusions;
i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and
j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the SVMC or state law.
5. The hearing examiner shall hear the following matters:
a. Variances;
b. Conditional use permits;
c. Special use permits;
d. Shoreline letter of exemption appeals;
e. Preliminary plats;
f. Appeals from any administrative decision of the department of community and public works or the building official in the administration or enforcement of Chapter 7.05 SVMC and SVMC Titles 17 through 24 and any other land use code or regulation;
g. Appeals on State Environmental Policy Act (SEPA) determinations;
h. Site-specific zone changes of property, including any environmental determination (under SEPA);
i. Hearings requested under Chapter 5 of the council governance manual contesting findings and conclusions that a councilmember violated the council conduct standards enumerated in said governance manual; and
j. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring whether the decision of the hearing examiner is a final decision or may be appealed to the city council.
6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B.
7. Hearing examiner decisions shall be given the effect of a final decision of the legislative body, except for rezones and where otherwise specified by city council or the applicable SVMC provision.
8. Appeals of any decision of the hearing examiner, other than decisions that a councilmember violated the council conduct standards, shall be as is set forth in Chapter 17.90 SVMC. A hearing examiner decision that a councilmember violated the council conduct standards may only be appealed to the Washington Superior Court as set forth in Chapter 5, Section D.5 of the council’s governance manual. (Ord. 24-005 § 2, 2024; Ord. 22-012 § 5, 2022; Ord. 21-019 § 8, 2021; Ord. 17-004 § 3, 2017; Ord. 15-026 § 3, 2015; Ord. 09-023 § 1, 2009; Ord. 07-015 § 4, 2007. Formerly 18.20.020).
18.20.040 Removal.
The hearing examiner or hearing examiner pro tem may be removed by the city manager without cause; or, if serving under a contract, according to the terms or upon its expiration. (Ord. 22-012 § 5, 2022; Ord. 09-023 § 1, 2009).
18.20.050 Ex parte communications.
A. No person may communicate ex parte, directly or indirectly, with the hearing examiner. The hearing examiner may not communicate ex parte with opponents or proponents of any application unless the hearing examiner makes the substance of such communication part of the public record and provides the opportunity for any party to rebut the substance of such communication as provided by law. The hearing examiner may reopen the hearing record prior to a final decision to address such matters.
B. This section does not prohibit ex parte communication regarding procedural matters, communication by the hearing examiner with his/her staff or the city attorney’s office, communication by the hearing examiner for the sole purpose of conveying information regarding the specifics of an application, or communication by the hearing examiner with city departments for the purpose of obtaining information or clarification, so long as the information or clarification received by the hearing examiner is made part of the record.
C. If a prohibited ex parte communication is made to or by the hearing examiner, the communication shall be publicly and timely disclosed, and proper discretion shall be exercised by the hearing examiner on whether to seek recusal as hearing examiner for that particular hearing and have a hearing examiner pro tem preside over that matter. (Ord. 22-012 § 5, 2022; Ord. 09-023 § 1, 2009).
18.20.060 Conflict of interest.
The hearing examiner may not participate in a public hearing or decision-making process where such participation would constitute a conflict of interest pursuant to Chapter 42.23 RCW. Similarly, the hearing examiner may not participate in a public hearing or decision-making process where such participation would violate the appearance of fairness doctrine, set forth in Chapter 42.36 RCW, unless the parties to such hearing or decision consent to or waive their right to object to such participation. (Ord. 22-012 § 5, 2022; Ord. 09-023 § 1, 2009).