Chapter 2.22
HEARING EXAMINER
Sections:
2.22.010 Title.
2.22.020 Purpose.
2.22.030 Establishment.
2.22.040 Appointment.
2.22.050 Qualifications.
2.22.060 Removal.
2.22.070 Freedom from improper influence.
2.22.080 Conflict of interest.
2.22.090 Rules.
2.22.100 Authority.
2.22.105 Hearing examiner clerk – Duties and responsibilities.
2.22.110 Submittal of applications.
2.22.120 Report and recommendation of the administrator.
2.22.130 Multiple applications.
2.22.140 Time of meetings.
2.22.150 Decisions.
2.22.160 Repealed.
2.22.170 Effective date of decision.
2.22.180 Repealed.
2.22.190 Examiner reports.
2.22.010 Title.
The ordinance codified in this chapter shall be known as the “land use hearing examiner ordinance,” or “hearing examiner ordinance,” may be cited as such, and will hereinafter be referred to as “this chapter.” (Ord. 3-1994)
2.22.020 Purpose.
The purpose of this chapter is to provide an administrative land use regulatory system which will best satisfy the following needs:
A. Provide an efficient, integrated, land use regulatory hearing system;
B. Render land use regulatory and appeal decisions on behalf of the County council;
C. Provide a greater degree of fairness and due process in land use regulatory hearings;
D. Separate the County’s land use planning program from the land use regulatory process; and
E. Protect the community’s general health, safety, and welfare as provided for in Chapter 36.70 RCW. (Ord. 30-2008 § 2; Ord. 3-1994)
2.22.030 Establishment.
The office of hearing examiner is hereby created pursuant to RCW 36.70.970 and San Juan County Charter Section 3.70. The hearing examiner shall interpret, review, and implement land use regulations as provided by ordinance and may perform such other quasi-judicial functions or conduct other nonlegislative hearings as are delegated by the County council. Unless the context requires otherwise, the term “hearing examiner” as used herein shall include examiners pro tem. (Ord. 30-2008 § 3; Ord. 3-1994)
2.22.040 Appointment.
The County council shall appoint the hearing examiner for terms which shall initially expire one year following the date of original appointment and thereafter expire up to two years following the date of each reappointment, subject to the terms of an executed contract. The hearing examiner shall serve under a professional services contract. The County council may also, by professional services contract, appoint one or more examiner pro tem for terms and functions deemed appropriate by the County council, to serve in the event of absence or inability to act of the examiner. (Ord. 30-2008 § 4; Ord. 3-1994)
2.22.050 Qualifications.
The hearing examiner and examiner(s) pro tem shall be appointed solely with regard to their qualifications for the duties of such office and shall have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory matters and to discharge other functions conferred upon them by ordinance. Examiners and examiners pro tem shall hold no other appointed or elected public office or position in San Juan County government. (Ord. 3-1994)
2.22.060 Removal.
A hearing examiner may be removed from office by a majority vote of the County council, subject to the terms of the executed professional services contract between the County council and the hearing examiner. (Ord. 30-2008 § 5; Ord. 3-1994)
2.22.070 Freedom from improper influence.
No person, including County elected and appointed officials, shall attempt to influence an examiner in any pending matter except at a public hearing duly called for such purpose, nor interfere with an examiner in the performance of duties in any way; provided, that this section shall not prohibit the County prosecutor from rendering legal services to the examiner upon request. (Ord. 3-1994)
2.22.080 Conflict of interest.
The examiner shall not conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect personal, business, financial or other interest which might exert such influence upon the examiner or interfere with the examiner’s decision making process, or concerning which the examiner has had substantive prehearing contacts with proponents or opponents. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. The examiner pro tem shall perform the duties of hearing examiner whenever a conflict of interest exists or the hearing examiner is otherwise unable to perform the duties of the office. (Ord. 3-1994)
2.22.090 Rules.
The rules and regulations for the conduct of public hearings before the examiner shall be adopted and thereafter amended from time to time by the County council by resolution or ordinance, and thereafter codified and made part of the County code. (Ord. 30-2008 § 6; Ord. 3-1994)
2.22.100 Authority.
A. The hearing examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact and conclusions based upon those facts. Those decisions of the hearing examiner shall represent the final decision upon the following matters:
1. Shoreline substantial development permits, shoreline conditional use permits, and shoreline variances;
2. Conditional use permits, subdivisions, and binding site plans for more than four lots;
3. Appeals of matters arising pursuant to SJCC Title 15 (building and fire codes);
4. Appeals from decisions of the CD&P director on boundary line modifications, simple land divisions, provisional uses, short subdivisions, binding site plans (up to four lots), temporary uses (Level II), discretionary uses, and other development permits issued by the CD&P director;
5. Appeals from administrative determinations made by the CD&P director pursuant to SJCC 18.10.030;
6. For project actions, appeals from decisions of the responsible official under SEPA; and
7. Matters that have been consolidated by the CD&P director for review and approval by the hearing examiner.
B. Decisions Final. The decision of the hearing examiner on all matters shall be final and not subject to appeal to the County council unless the County council has adopted procedures for the discretionary review of decisions of the hearing examiner. Decisions on shoreline permits are subject to approval by the Washington Department of Ecology pursuant to RCW 90.58.140, WAC 173-27-130 and SJCC 18.80.110. Final decisions may be appealed to superior court or to state boards as provided by law. (Ord. 30-2008 § 7; Ord. 9-2002 § 1; Ord. 3-1994)
2.22.105 Hearing examiner clerk – Duties and responsibilities.
The CD&P director shall designate a person to serve as the clerk of the hearing examiner. The hearing examiner clerk shall have the following duties and responsibilities:
A. Acceptance and marking of written testimony and exhibits, and maintenance of the record of the proceedings. These items constitute the official record of the hearing examiner proceedings;
B. Under the general direction of the hearing examiner, scheduling hearings or other actions before the hearing examiner, in cooperation with the examiner and the CD&P director; and
C. Under the supervision of the hearing examiner, preparation, certification, and transmittal of the official record of the proceedings when an appeal of an examiner’s decision is filed. (Ord. 30-2008 § 8; Ord. 26-2002 § 7; Ord. 3-1994)
2.22.110 Submittal of applications.
All applications and matters to be submitted to the examiner shall be submitted to the administrator as specified by the ordinance governing the application. The administrator shall accept such applications only if the applicable filing requirements are met. The administrator, in coordination with the examiner, shall assign a date of public hearing for each submittal, in accordance with the ordinance governing the application or appeal. (Ord. 9-2002 § 2; Ord. 3-1994)
2.22.120 Report and recommendation of the administrator.
When an application has been scheduled before the hearing examiner, the administrator shall coordinate and assemble the comments and recommendations of other County departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the planning department findings, conclusions, and recommendations. At least 10 days prior to the scheduled hearing, the report shall be filed with the examiner and copies mailed to the applicant and appellant, and made available for any interested party. (Ord. 9-2002 § 3; Ord. 3-1994)
2.22.130 Multiple applications.
The examiner may consider two or more applications relating to a single project concurrently, and the findings of fact, conclusions and decision on each application may be covered in one written decision. (Ord. 3-1994)
2.22.140 Time of meetings.
A. Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application or appeal.
B. The hearing examiner shall conduct public hearings two days each month, as necessary except during November and December, when only one hearing will be held unless a second hearing is necessary due to the number of agenda items. Hearings shall take place as specified in the hearing examiner contract; provided, that the hearings days shall be consistent from month to month. The hearing examiner may schedule special meetings and continued meetings, as deemed necessary. (Ord. 3-1994)
2.22.150 Decisions.
Decisions shall be rendered and transmitted in accordance with the ordinance requirements governing the application or appeal. Pursuant to RCW 36.70.970, hearing examiner decisions shall be in writing and shall include findings and conclusions, based on the record, to support the decision. The findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the County’s Comprehensive Plan and development regulations (if applicable).
If an application is approved, the hearing examiner may attach conditions necessary to ensure compliance with the County Comprehensive Plan and Unified Development Code. Examples of conditions include, but are not limited to: additional setbacks, screening, restrictive covenants, notices to title, easements, dedications, rights-of-way, performance bonds, and, when supported by the appropriate environmental review, reduction in the density on the parcel, and other measures to mitigate adverse environmental impacts.
Each decision of a hearing examiner shall be rendered within the time required by state statutes following conclusion of all testimony and hearings and the closing of the record, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner. (Ord. 30-2008 § 9; Ord. 3-1994)
2.22.160 Appeals.
Repealed by Ord. 14-2000. (Ord. 3-1994)
2.22.170 Effective date of decision.
Hearing examiner decisions become effective when mailed or such later date in accordance with the laws and ordinance requirements governing the matter under consideration. Before becoming effective, shoreline permits are subject to review and approval by the Washington Department of Ecology pursuant to RCW 90.58.140, WAC 173-27-130 and SJCC 18.80.110. (Ord. 30-2008 § 10; Ord. 9-2002 § 4; Ord. 3-1994)
2.22.180 BOCC action on appeals.
Repealed by Ord. 14-2000. (Ord. 3-1994)
2.22.190 Examiner reports.
The hearing examiner shall report in writing to the County council and director of the community development and planning department at least annually for the purpose of reviewing the administration of the County’s land use policies and regulatory ordinances. Such report shall include a summary of the examiner’s decisions within that year. (Ord. 30-2008 § 11; Ord. 9-2002 § 5; Ord. 3-1994)