Chapter 2.65
HEARING EXAMINER
Sections:
2.65.010 Office created.
2.65.020 Appointment and terms.
2.65.030 Qualifications.
2.65.040 Examiner Pro-tem.
2.65.050 Conflict of interest – Appearance of fairness.
2.65.060 Freedom from improper influence.
2.65.070 Duties of the Examiner.
2.65.080 Report by Department of Community Development.
2.65.090 Appeals.
2.65.100 Dismissal.
2.65.110 Rules and regulations.
2.65.120 Examiner’s decision.
2.65.130 Reconsideration.
2.65.140 Repealed.
2.65.150 Appeal of Examiner’s decision.
2.65.010 Office created.
The office of the Hearing Examiner, hereinafter referred to as “Examiner,” is hereby created. The term “Examiner” shall likewise include any Examiner Pro-tem. (Ord. O-00-126 § 1).
2.65.020 Appointment and terms.
The Examiner shall be appointed by the City Manager and shall serve on such terms and conditions as shall be mutually agreed upon. (Ord. O-00-126 § 2).
2.65.030 Qualifications.
The Examiner shall be appointed solely with regard to his or her qualifications for the duties of the office and will have such training and experience as will qualify the Examiner to conduct administrative and quasi-judicial hearings on regulatory enactments and to discharge such other functions conferred upon the Examiner by the City Council. The Examiner shall hold no other elective or appointive office or position in the City government. (Ord. O-00-126 § 3).
2.65.040 Examiner Pro-tem.
Any Examiner Pro-tem shall be appointed by the City Manager after consultation with the Examiner and shall, in the event of the absence or the inability of the Examiner to act, have all the duties and powers of the Examiner. (Ord. O-00-126 § 4).
2.65.050 Conflict of interest – Appearance of fairness.
Participants in the land use regulatory process have the right, insofar as possible, to have the Examiner free from personal interest or prehearing contacts on regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal interest or prehearing contact impairs the Examiner’s ability to act on the matter, the Examiner shall recuse him or herself from such matter, unless all parties agree in writing to have the matter heard by said Examiner. The Examiner shall not conduct or participate in any hearing or decision in which the Examiner has direct or indirect personal interest which might interfere with his or her decision making process. Any actual or potential conflict of interest shall be disclosed by the Examiner to the parties immediately upon discovery of such conflict. (Ord. O-10-420 § 2; Ord. O-00-126 § 5).
2.65.060 Freedom from improper influence.
No Councilmember, City official or any other person shall attempt to interfere with, or improperly influence the Examiner in the performance of his or her designated duties. (Ord. O-00-126 § 6).
2.65.070 Duties of the Examiner.
The Examiner shall have authority to consider and decide the matters set forth below:
A. General. The Examiner shall receive and examine available information, conduct applicable public hearings and prepare records and reports thereof, and issue recommendations or decisions, including findings and conclusions based on the issues and evidence in the record, pursuant to MVMC 18.100.040(A), and other municipal code sections as applicable.
1. All Process 2 and 3 Land Use Decisions. The Examiner’s decision may be to grant or deny the application or appeal, or the Examiner may grant the application or appeal with such conditions, modifications, and restrictions as the Examiner finds necessary to carry out applicable State laws and regulations, and the policies, objectives and goals of the comprehensive plan, and the City’s adopted regulations as set forth in its municipal code and ordinances. The Examiner’s decision may be accompanied by an Order, at the discretion of the Examiner, as necessary to implement the Examiner’s decision.
B. Final Decision by the Examiner, Appealable to the Council. The Examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof, and issue final decisions pursuant to the provisions of MVMC 18.100.040(B), and other municipal code chapters as applicable.
1. Process 2 and 3 Land Use Permit Applications. Subject to MVMC 18.100.040(B), the decision of the Examiner on Process 2 and 3 land use permit applications shall be appealable on the record established by the Examiner.
The Examiner shall issue findings and conclusions on Process 2 and 3 land use decisions based on the issues and evidence in the record. The Examiner’s decision may be to grant or deny the application, or the Examiner may grant the application with such conditions, modifications and restrictions as the Examiner finds necessary to make the application compatible with the environment and carry out applicable State laws and regulations, including Chapter 43.21C RCW, and the regulations, policies, objectives and goals of the comprehensive plan, the development regulations and other official laws, policies and objectives of the City of Maple Valley.
C. Appeals. The Examiner shall receive and examine available information, conduct appeal hearings pursuant to MVMC 18.100.040(B), and prepare records and reports thereof, and issue final decisions, including findings, conclusions, and orders based on the issues and evidence in the record, which shall be appealable to superior court or to an applicable designated authority as follows:
1. Appeals of all Process 2 land use decisions pursuant to MVMC 18.100.040(B), with the exception of appeals of shoreline permits including shoreline variances and conditional uses which are appealable to the State Shoreline Hearings Board; and
2. Appeals from citations, notices and orders and stop work orders issued pursuant to the City of Maple Valley Nuisance Code and Code Enforcement Chapter, pursuant to King County Code Title 23, adopted by reference by the City of Maple Valley.
The Examiner’s decision may be to grant or deny the appeal, or the Examiner may grant the appeal with such conditions, modifications and restrictions as the Examiner finds necessary to carry out applicable State laws and regulations, the policies, objectives and goals of the comprehensive plan, and the City’s adopted regulations as set forth in its municipal code and ordinances. The Examiner’s decision may be accompanied by an order, at the discretion of the Examiner, as necessary to implement the Examiner’s decision.
D. Other Matters. The Examiner shall review and render decisions upon other applications or appeals that the Council may prescribe by ordinance. (Ord. O-10-420 § 3; Ord. O-00-126 § 7).
2.65.080 Report by Department of Community Development.
When such application has been set for public hearing, the Department of Community Development shall coordinate and assemble the comments and recommendations of other City departments and governmental agencies having an interest or authority in the subject application and shall prepare a report summarizing the factors involved and the Department’s findings and recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the Examiner and copies thereof shall be mailed to the applicant and shall be made available for use by any interested party for the cost of reproduction. In the event the applicant is unable to attend the scheduled hearing, the Examiner may grant a continuance. (Ord. O-00-126 § 8).
2.65.090 Appeals.
The decision of the Examiner to approve, modify, or deny an application or an appeal shall be final and conclusive unless a written appeal is filed according to the City’s appeal procedures as set forth in MVMC 18.100.220. (Ord. O-00-126 § 9).
2.65.100 Dismissal.
The requirements of MVMC 18.100.220 (D), (E), (F), and (G) are jurisdictional. On its own motion, or on the motion of any party, the Examiner shall dismiss an appeal for failure of an appellant to satisfy all the jurisdictional requirements set forth in MVMC 18.100.220 (D), (E), (F), and (G). (Ord. O-00-126 § 10).
2.65.110 Rules and regulations.
The Examiner shall have the authority to prescribe rules and regulations for the conduct of hearings under this chapter, for the purpose of, including but not limited to: administration of oaths, issuance of subpoenas, and the preservation of order and efficiency. The Examiner may adopt rules of procedure to carry out his or her specified authority and any authority necessarily implied by the grant of authority from the City Council. Such rules shall be applicable to all proceedings under the Hearing Examiner’s authority. (Ord. O-10-420 § 4; Ord. O-00-126 § 11).
2.65.120 Examiner’s decision.
When the Examiner renders a decision or recommendation, the Examiner shall make and enter written findings and conclusions which support such decision, and may issue any orders deemed necessary to implement the decision. The findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with applicable laws, regulations and policies of the State of Washington and the City of Maple Valley. The decision or recommendation shall be rendered as soon as possible but in all events within 20 business days of the conclusion of the hearing. (Ord. O-10-420 § 5; Ord. O-00-126 § 12).
2.65.130 Reconsideration.
A party of record may make a written request for reconsideration by the Examiner within 10 calendar days of the date the decision is rendered. Grounds for requesting reconsideration shall be limited to the following: (A) the decision or conditions of approval are not supported by facts in the record; (B) the decision contains one or more errors of law; (C) there is newly discovered evidence potentially material to the decision which could not reasonably have been produced before the appeal hearing; or (D) the applicant proposes changes to the proposal in response to deficiencies identified in the decision. There may be only one reconsideration request per application. No request for reconsideration shall be allowed for a revised/amended decision issued by the Examiner in response to a request for reconsideration. (Ord. O-10-420 § 6; Ord. O-00-126 § 13).
2.65.140 Council action.
Repealed by Ord. O-10-420. (Ord. O-00-126 § 14).
2.65.150 Appeal of Examiner’s decision.
Any appeal of the Examiner’s decision shall be to the superior court pursuant to MVMC 18.100.230. (Ord. O-10-420 § 8).