Chapter 2.27
HEARING EXAMINER
Sections:
2.27.010 Hearing Examiner authorized.
2.27.020 Appointments – Qualifications.
2.27.060 Conflict of interest.
2.27.010 Hearing Examiner authorized.
There is hereby created the office of Hearing Examiner as an independent office of the City for the conduct of hearings on such matters as are delegated to the Hearing Examiner by ordinance. (Ord. 17 § 1, 1993)
2.27.020 Appointments – Qualifications.
(1) Appointments to the office of Hearing Examiner shall be made by the City Manager. The City Manager 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.
(2) The Hearing Examiner shall be experienced in land use, planning, subdivision and related matters. (Ord. 17 § 2, 1993)
2.27.030 Rules for hearing.
The Hearing Examiner shall provide rules for scheduling and conduct of hearings and other matters relating to the duties of the office. Such rules shall provide for the admission of evidence, examination and cross-examination of witnesses, rebutting evidence and all other matters relevant to the conduct of the hearing. The Hearing Examiner may limit the time allocated to parties testifying on an equal basis, may establish time limits for initial or rebutting evidence, may limit cross-examination of witnesses, and may limit the number of witnesses to be heard. (Ord. 706 § 1, 2020)
2.27.040 Powers and duties.
In the performance of duties prescribed by this chapter, the Hearing Examiner is authorized to:
(1) Conduct hearings and make decisions or recommendations when authorized to do so under the Woodinville Municipal Code or by specific grant of authority from the City Council;
(2) In carrying out the duties, the Hearing 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 or decisions;
(3) Exercise administrative powers and such other quasi-judicial powers as may be granted by the City Council;
(4) The Hearing Examiner’s recommendation or decision may be to grant or deny the application, or the Hearing Examiner may recommend or require of the applicant such conditions, modifications and restrictions as the Hearing Examiner finds necessary to make the application compatible with applicable state laws, and to carry out the objective and goals of the Comprehensive Plan, development code and other ordinances of the City; and
(5) Make recommendations for revisions to relevant codes and ordinances which help clarify or otherwise improve the development review process. (Ord. 706 § 2, 2020)
2.27.050 Procedures.
(1) Each final decision of the Hearing Examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the applicable criteria established by ordinance or law.
(2) Each final decision of a Hearing Examiner, unless a longer period is mutually agreed to in writing by the applicant and the Hearing Examiner, shall be rendered within 10 working days following conclusion of all testimony and hearings. (Ord. 17 § 5, 1993)
2.27.060 Conflict of interest.
The Hearing Examiner shall not conduct or participate in any hearing or decision in which the Hearing Examiner has a direct or indirect personal interest which might influence the examiner, interfere with the decision-making process, or raise an appearance of fairness concern. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery. Nothing in this section shall be construed to prohibit the City Manager or any official or employee of the City from appearing before or submitting written information to the Hearing Examiner in the normal process of conducting public hearings for the City. (Ord. 706 § 3, 2020)