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 findings.

2.65.130  Reconsideration.

2.65.140  Council action.

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 himself 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 decisionmaking process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. (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 consider the matters set forth below:

A. Recommendations to the Council. The Examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof, and issue recommendations, including findings and conclusions to the Council, based on the issues and evidence in the record in the following cases:

1. All Process 4 Land Use Decisions. The Examiner's recommendation to the Council may be to grant or deny the application or appeal, or the Examiner may recommend that the Council adopt 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 regulations, including Chapter 43.21C RCW (State Environmental Policy), policies, objectives and goals of the comprehensive plan, the development regulations, and other official laws, policies and objectives of the City of Maple Valley.

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 on the following types of land use permit applications:

1. Process 3 Land Use Permit Applications. The decision of the Examiner on Process 3 land use permit applications shall be appealable to the City Council on the record established by the Examiner.

The Examiner shall issue findings and conclusions on Process 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 open record appeal hearings and prepare records and reports thereof, and issue final decisions, including findings and conclusions, based on the issues and evidence in the record, which shall be appealable to superior court or to other designated authority in the following cases:

1. Appeals of all Process 2 land use decisions 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, 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 application or appeal, or the Examiner may grant the application or appeal with such conditions, modifications and restrictions as the Examiner finds necessary to make the application or appeal 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.

D. Other Matters. The Examiner shall review and render decisions upon other applications or appeals that the Council may prescribe by ordinance. (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, to administer oaths, and to preserve order. To avoid unnecessary delay and to promote efficiency of the hearing process, the Examiner shall limit testimony, including cross examination, to that which is relevant to the matter being heard, in light of adopted policies and regulations of the City, and shall exclude evidence and cross examination that is irrelevant, cumulative or unduly repetitious. The Examiner may establish reasonable time limits for the presentation of direct oral testimony, cross-examination and argument. (Ord. O-00-126 § 11).

2.65.120 Examiner's findings.

When the Examiner renders a decision or recommendation, the Examiner shall make and enter written findings and conclusions which support such 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 City of Maple Valley. The decision or recommendation shall be rendered as soon as possible but in all events within 20 business working days of the conclusion of the hearing. (Ord. O-00-126 § 12).

2.65.130 Reconsideration.

Any aggrieved person who feels that the decision of the Examiner is based on erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written request for reconsideration by the Examiner within 10 days of the date the decision is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Examiner may, after review of the record, take further action as he or she deems proper. There may be only one reconsideration request per application. (Ord. O-00-126 § 13).

2.65.140 Council action.

Any matter requiring action by the City Council shall be taken by the adoption of a resolution or an ordinance. When taking any such final action, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The City Council may adopt all or portions of the Examiner's findings and conclusions. The findings and conclusions shall set forth and demonstrate the manner in which the action is consistent with, carries out and helps implement applicable State laws and regulations, and the regulations, policies, objectives and goals of the comprehensive plan, the development regulations and/or the official laws, policies and objectives for development within the City of Maple Valley.

The City Council is expressly authorized to condition its approval of any matter, including but not limited to conditions requiring the dedication of land, public improvements, payment of impact fees authorized by Chapter 82.02 RCW, or any other law or agreement.

Consideration by the Council of an appeal shall be based upon the record as presented to the Examiner and upon written appeal statements based upon the record. The Council may also allow parties a period of time for oral argument based upon the record.

Consistent with RCW 36.70B.020(1), before or at the appeal hearing and upon the request of the Council, the Hearing Examiner or City staff may provide a written or oral summary, or both, of the appeal record, issues, and arguments presented in an appeal, and may provide answers, based on the record, to questions with respect to issues raised in an appeal when such questions are asked by Councilmembers at the appeal hearing.

Nothing in this section shall be construed as to limit the ability of the Council to seek and receive legal advice regarding a pending appeal from the City Attorney either within or outside the hearing.

If, after consideration of the record, written appeal statements, and any oral argument the Council determines that:

A. An error in fact or procedure may exist or additional information or clarification is desired, the Council shall remand the matter back to the Examiner; or

B. The recommendation of the Examiner is based on an error in judgment or conclusion, the Council may modify or reverse the recommendation of the Examiner, but the Council may also refer the matter to a Council committee or remand to the Examiner for the purpose of further hearing, receipt of additional information, or for further consideration if determined necessary before the Council takes final action on the matter. (Ord. O-00-126 § 14).