2007-08-21 HEX Rules of ProcedureCity of Federal Way
Office of the Hearing Examiner
HEARING EXAMINER RULES OF PROCEDURE
City of Federal Way
Office of the Hearing Examiner
HEARING EXAMINER RULES OF PROCEDURE
HEARING EXAMINER RULES OF PROCEDURE
TABLE OF CONTENTS
1. EXPEDITIOUS PROCEEDINGS ................................................. I
2. COMPUTATION OF TIME ....................................................... 1
3. DEFINITIONS....................................................................... 1
4. QUALIFICATIONS, DUTIES AND JURISDICTION OF THE
HEARING EXAMINER... ......... _.._ .............. ........................ 2
a. Hearing Examiner Qualifications ........................................ 2
b. Hearing Examiner Duties ................................................. 2
C. Hearing Examiner Jurisdiction ........................................... 2
d. Hearing Examiner Independence ......................................... 2
e. Disqualification.............................................................3
5. EX PARTE COMMUNICATION................................................. 3
6. RIGHTS OF A PARTY............................................................ 4
7. NOTICES OF AND TIME AND PLACE OF HEARINGS ................... 4
a. Time Requirement.......................................................... 4
b. Time and Place of Hearing ................................................ 4
C. Notice of Hearing........................................................... 4
d. Distribution of Notice ...................................................... 5
e. Affidavit or Certificate of Notice ......................................... 5
8. PREHEARING AND OTHER CONFERENCES .............................. 5
9. APPEALS BEFORE THE HEARING EXAMINER ........................... 5
a.
Fee for Filing of the Appeal................................................5
b.
Deadline for Filing of the Appeal ......................................... 6
C.
Content of the Appeal ...................................................... 6
d.
Clarification of the Appeal Statement....................................6
e.
Dismissal of Appeals....................................................... 6
f.
Parties to the Appeal........................................................ 6
g.
Intervention.................................................................. 7
h.
Withdrawal of the Appeal..................................................7
i.
Receipt of City File and City Response to the Appeal ................. 7
j.
Staff Report ..................................................................7
k.
Format of Appeal Hearing ................................................. 7
1.
Participation by Non -Party ................................................ 8
M.
Content of the Record ...................................................... 8
10. PRE -DECISION HEARING ON APPLICATIONS ............................9
a. Departmental Staff Report on Application .............................. 9
b. Format of Hearing...........................................................9
C. Content of the Record ...................................................... 9
11. EVIDENCE...........................................................................10
a. Burden of Proof............................................................. 10
b. Admissibility.................................................................10
C. Copies.........
d. Official Notice............................................................... 10
12. RECORDING........................................................................11
13. OATH OR AFFIRMATION....................................................... 11
14. CROSS-EXAMINATION..........................................................11
15. LIMIT ON TESTIMONY...........................................................I I
16. MOTIONS............................................................................. 11
17. CONSOLIDATION OF HEARINGS ............................................. 12
18. SITE VIEW...........................................................................12
19. CONTINUING OR REOPENING HEARING .................................. 12
20. LEAVING THE RECORD OPEN. . ...... ....................................... 12
21. RECOMMENDATION OR DECISION..........................................12
22. CONTENT OF RECOMMENDATION OR DECISION ......................13
23. CLARIFICATION OF A DECISION OR RECOMMENDATION OF
THEEXAMINER....................................................................13
24. TERMINATION OF JURISDICTION............................................13
25. DISPOSITION OF CASE RECORD ............................................. 14
26. RULES FOR SPECIFIC CASES .................................................. 14
a. Seized Property Claims ..................................................... 14
b. Vehicle Impound Hearing and Junk Vehicles ...........................14
C. Animal Control.............................................................. 14
1. EXPEDITIOUS PROCEEDINGS
The Hearing Examiner and all parties shall make every reasonable effort to avoid delay at
each stage of every proceeding consistent with fairness to all parties.
2. COMPUTATION OF TIME
(a) In computing any period of time prescribed or allowed by these Rules of
Procedure ("Rules"), the day of the act, event, or default from which the designated
period of time begins to run shall not be included.
(b) The last day of the period so computed shall be included, terminating at 5:00 p.m.,
unless the last day of the period is a Saturday, Sunday or legal holiday as defined in RCW
1.16.050, in which event the period shall run until 5:00 p.m. of the next day which is not
a Saturday, Sunday or legal holiday.
(c) When the period of time prescribed or allowed is less than seven (7) days,
intermediate Saturdays, Sundays or legal holidays shall be excluded from the
computation.
(d) "Working" days as referenced in these Rules exclude weekends and legal
holidays.
3. DEFINITIONS
(a) "Code" or "FWCC" means the Federal Way City Code.
(b) "Council" means the Federal Way City Council.
(c) "Examiner" or "Hearing Examiner" means the Federal Way Hearing Examiner.
(d) "Interested Person" means any individual, partnership, corporation, association, or
public or private organization ,of any character significantly affected by a proceeding
before the Hearing Examiner or identified by the ordinance or Code under which the
proceeding is brought as having a right to participate.
Party :means:
(1) Fez an ci ien ;rcc>ord bearing on :a peimit application:
(i)he:aP.PIcant;
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y'
:
(iii) a' ": etsan whcl testifies . at. the hearing. or who submits, ':written
testhnony for eons dcr-Ativn.=3t the hearing; and
(2) `For.any open iocord appeal of di adrninistrativ.e decision:
(i} th'e;applicant;
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(ii) : the appellant;
(iii) the City; and
(iv) any: intervenors;allowed by the hearing examiner to join as;a party.
4. QUALIFICATIONS, DUTIES AND ,JURISDICTION OF THE HEARING
EXAMINER
(a) Hearing Examiner Qualifications: Hearings shall be presided over by a duly
qualified Hearing Examiner or deputy Hearing Examiner appointed by the City Council
pursuant to FWCC 1-19 and 22-82.
(b) Hearing Examiner Duties: The Hearing Examiner shall have the duty to conduct
fair and impartial hearings, to take all necessary action to avoid delay in the disposition of
proceedings, and to maintain order. The Hearing Examiner shall have all powers
necessary to that end, including the following:
(1) To administer oaths and affirmations;
(2) To issue subpoenas to compel witnesses to appear at the hearing;
(3) To rule upon offers of proof and to admit evidence;
(4) To regulate the course of the hearings and the conduct of the
participants;
(5) To consider and rule upon procedural and other motions appropriate to
the proceedings;
(6) To make and file orders, recommendations and decisions; and
;(7) To:l..of. Prel. eating or;ot}�e� coriference.s.
(c) Hearing Examiner Jurisdiction: The Hearing Examiner shall have the authority to
conduct hearings, prepare a record, enter written findings and conclusions, and issue
decisions or recommendations for any matter or appeal for which the FWCC, other
ordinance, or the City Council designates the Hearing Examiner to be the Hearing Body.
On appeals, the Hearing Examiner shall have the authority to vacate, affirm or modify
the underlying appealed from decision.
(d) Hearing Examiner Independence: In the performance of these duties, the Hearing
Examiner shall not be responsible to, or subject to the supervision or direction of, any
elected official or any officer, employee or agent of any municipal department.
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(e) Disqualification:
(1) The Examiner on his or her own initiative may enter an order of
disqualification in the event of personal bias or prejudice, or to preserve
the appearance of fairness.
(2) A party may file a declaration (a statement in writing and under
penalty of perjury) stating facts supporting the belief that such party
cannot have a fair and impartial hearing by reason of the personal bias,
prejudice, or appearance of unfairness of the Hearing Examiner.
The declaration shall be filed not less than ten (10) working days before
the hearing unless good cause is shown, and in any case before the
Hearing Examiner makes any discretionary ruling; provided a declaration
seeking disqualification on appearance of fairness grounds may be filed at
any time, but must be filed promptly after the basis for disqualification is
known or should have been known to the party seeking such
disqualification.
The Hearing Examiner shall rule on the declaration prior to making any
other ruling and prior- to proceeding with the hearing.
5. EX PARTS COMMUNICATION
(a) For purposes of this rule, "ex parte communication" means a written or oral
communication concerning the pending matter with the Hearing Examiner outside of a
public hearing and not included in the public record.
(b) Pursuant to Chapter 42.36 RCW, as is currently exists or is hereby amended, no
interested person (nor his/her agent, employee or representative) shall communicate ex
parte directly or indirectly with the Hearing Examiner concerning the merits or facts of
any matter being heard before the Hearing Examiner, or any factually related matter. This
rule shall not prohibit ex parte communications about schedules and other procedural
topics.
(c) The Hearing Examiner shall not communicate ex parte directly or indirectly with
any interested person (nor his/her agent, employee or representative) regarding the merits
or facts of any matter being heard before the Hearing Examiner except about procedural
topics as identified above.
(d) If a substantial, prohibited ex parte communication is made to or by the Hearing
Examiner, such communication shall be publicly disclosed at the next following and each
succeeding public hearing regarding the pending matter or, if there is no further such
hearing, disclosure shall be made in writing to all parties of record within five (5)
working days of the date of the improper communication. Parties shall have the
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opportunity to make objections to the ex parte communication within ten (10) working
days of such disclosure.
6. RIGHTS OF A PARTY
Every party in any proceeding before the Hearing Examiner shall have a right to the
following:
(a) Due notice.
(b) Presentation of evidence.
(c) Objection.
(d) Motion.
(e) Argument.
(f) Rebuttal.
(g) Cross-examination.
(h) Any other rights essential to a fair hearing.
7. NOTICES OF AND TIME AND PLACE OF HEARINGS
(a) Time Requirement
Notice of any hearing before the Hearing Examiner shall be given not less than ten (10)
working days before the date of the hearing, unless a different notice period is mandated
by law or ordinance or by these Rules.
(b) Time and Place of Hearin
Unless notice is given to the contrary, all hearings before the Hearing Examiner shall be
scheduled during regular working hours in the Federal Way City Hall at 33325 81'
Avenue South, Federal Way, Washington.
(c) Notice of Hearing
Content of the Notice of Hearing shall be pursuant to the Code. Generally, in addition to
any other requirements under the Code, all notices will contain the following:
(1) The file number and a brief description of the matter being appealed.
If not an appeal, the applicant name or project name, date of application
and street address of the project.
(2) A statement of the scope of the appeal, including a summary of the
errors alleged and the findings and/or legal conclusions disputed in the
appeal. If not an appeal, the applicable provision of the Code and brief
description of the requested decision.
(3) The date, time and place of the public hearing on the appeal.
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(4) A statement of who may participate in the appeal.
(5) A statement of how to participate in the appeal.
(d) Distribution of Notice
Notice shall be distributed pursuant to Code.
(e) Affidavit or Certificate of Notice
The City Clerk, or his or her designee, shall prepare an affidavit or certificate of written
notice of a given public hearing. The affidavit or certificate of notice shall be made a part
of the official case record.
8. PRE, HEA.R.ING AND OTHER CHN)i{ I, RLi NOES
(a) The Exami. ex rnay,. on. his or her o vn order, j%k the request of a .party hold a
conference prior to the hearing; to ;con si&e :
(1) idezification,;cl,ax7fication, and simplification of:the'issues;
ure:..bf:Wztrzesses to lie called and;ex'hibits to be.;presented;
zers deemedythe -learing-Examine 4Rpopriate for heClea n
ordei.ly aizd.expeditious disposition of the proceedings.
b);Pt'ei`earing:confeaenees all
Heazii�g Examiner shall give notice to allpantesofaiy:'pieheaiinb
conference. Notice maybe W-0- tten r oral.
(d). Ail parties slileill, be :repkes.eiited!:at any prefipaxin conference unless=:they
waive ..the right to tie present or represen3 qd,: andare granted permissiara y;; The.
Hewing Examiner not 10 attend.
(e) FolIowiitg.tlie prehearin.g conference; the%Maring;Exarriinei• may,issue an
order reeittlt.lie actions waken or-1-Uling on ,motions`xriade at the-;ccariferezYce.
9. APPEALS BEFORE THE HEARING EXAMINER
(a) Fee for Filing of the Appeal
Pursuant to FWCC 1-19(b), the appellant shall pay a filing fee of $100.00 unless
otherwise provided by the fee schedule adopted by Resolution. The fee shall be
nonrefundable unless the appellant prevails.
(b) Deadline for Filing of the Appeal_
The deadline for filing any appeal shall be pursuant to the applicable Code provision.
(c) Content of the Appeal
An appeal shall be, in writing and shall contain information as required pursuant to the
Code. Generally, any appeal will contain, at a minimum, the following:
(1) A brief statement as to how the appellant is significantly affected by or
interested in the appeal.
(2) A brief statement containing explicit exceptions and objections with
regard to the appealed matter.
(3) The requested relief such as reversal or modification.
(4) The signature, mailing address, and telephone number of the appellant.
Where the appellant is other than an individual, a specific agent shall be
designated.
(5) Any other information required by the FWCC.
(d) Clarification of the Appeal Statement
If, within five (5) working days of the receipt of an appeal, the Hearing Examiner
determines that the appeal is vague or ambiguous or does not sufficiently set forth the
exceptions and objections with regard to the appealed matter, the Hearing Examiner may
require that the appellant amend the appeal.
Within ten (10) calendar days of notice to amend, the appellant shall file a written
clarification of the appeal as required by the ]rearing Examiner. If the appeal is not
amended by 5:00 p.m. of the last day of that time period, it shall be dismissed by the
Hearing Examiner.
(e) Dismissal of Appeals
The Hearing Examiner shall dismiss an appeal without hearing when it is determined by
the Hearing Examiner to be untimely, without merit on its face, frivolous, or brought
merely to secure a delay.
(f) Parties to the Appeal
The parties to the appeal are the City and the appellant(s). if multiple appellants or a
group of appellants file an identical appeal, the Hearing Examiner may request that a
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representative be appointed to receive notices and copies of documents. The appointed
representative will receive copies of documents and notices for the group.
(g) lntervention
An inteMsCeci;person•may petition the Exarniriei t�=intervene as a patty. The petition sl1all
be filed at least ten (10). workh.ig :clays prior` to. the appeal -hearing. and ;shatl ; set orth
reasons w.h.y tile. petitioner should be. altowecl to participate. The petition shall be
considered at br'`befoie the beginning of ti16.1earing and intervention shall l e_'alb ' -ed
only if file E cam ner so . arders, and upon sub terms and conditions as the Bx�iminer
determines=to b.e approp.riate..
The parties;'shall ,NY01he'opportunity fob• reply orob;jectipn. Any reply or objection must
be filed at -!Oast ifiree:(3) working days prior to the. -appeal hearing.
(h) Withdrawal of the Appeal
The appellant may withdraw an appeal at any time prior to the close of the record.
(i) Receipt of City File and City Response to the Appeal
Where required under the Code, the Director of Community Development Services shall
send written reports and files, including the official file, to the Hearing Examiner. The
official City file shall contain all documents used to reach the determination which is the
subject of the appeal.
Copies of any written response to the appellant's objections and exceptions shall be sent
to the Heating Examiner and all parties to the appeal by the responding department prior
to the appeal hearing.
0) Staff Report
Where required under the Code, the Department of Community Development shall file a
written staff report with the Hearing Examiner, within the timeframe proscribed by the
Code, summarizing its case and making a recommendation for a remedy. A copy of this
report shall be mailed simultaneously to the appellant.
The staff report shall be completed pursuant to the Code.
(k) Format of Appeal Hearin
The format for an appeal hearing will be informal, yet designed in such a way that the
evidence and facts relevant to the proceeding will become readily and efficiently
available to the Hearing Examiner. Any appeal hearing shall include, but need not be
limited to, the following elements:
(1) A brief introductory statement by the Hearing Examiner.
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(2) Presentation by the City including any relevant testimony the City
wishes to present.
(3) Cross examination of City witnesses by the appellant, if needed.
(4) Presentation by the appellant, including any relevant testimony the
appellant wishes to present.
(5) Cross examination of appellant witnesses by the City, if needed.
(6) Presentation of rebuttal witnesses, if needed.
(7) Questions by the Hearing Examiner.
(8) Concluding remarks or summations and rebuttal thereto as necessary.
(1) Participation by Non -Party
Appeal hearings are open to the public, but testimony is generally not allowed from a
person who is not a party to an appeal hearing unless called as a witness by a party. The
Hearing Examiner at his or her discretion may call or allow a non-party witness to testify
upon a determination that such testimony will be relevant and not repetitive.
(m) Content of the Record
The record of an appeal hearing conducted by the Hearing Examiner shall be held by the
Hearing Examiner during the pendency of the appeal. Upon conclusion of the appeal
hearing, the Hearing Examiner shall provide the record to the City Clerk. The record
shall include, but need not be limited to, the following:
(1) The written appeal.
(2) The official City file concerning the action and any written response
that is prepared by the City official whose action is appealed.
(3) All evidence received or considered, which shall include all exhibits
and other materials filed.
(4) A decision containing findings and conclusions and a statement of
matters officially noticed by the Hearing Examiner.
(5) Recordings made on electronic equipment.
(6) An affidavit or certificate of the written notice given of the appeal
hearing.
n;
The Hearing Examiner shall provide the City Clerk with the record within five (5)
working days of issuing the final decision.
10. PRE -DECISION HEARING ON APPLICATIONS
(a) Departmental Staff Report on Application
Pursuant to the Code, the involved City department(s) shall distribute a staff report to the
Hearing Examiner, the applicant, and any other required parties prior to the date of the
public hearing and, at the same time, copies shall be made available to the public at the
City Clerk's Office.
(b) Format of Hearing
The format for a pre -decision hearing will be public and informal, but organized so that
the testimony and evidence can be presented quickly and efficiently. A pre -decision
hearing shall include, but need not be limited to, the following elements:
(1) A brief introductory statement by the Hearing Examiner.
(2) A presentation by the City, which may include reference to visual aids
such as maps, and a summary of the recommendation of city staff.
(3) Testimony by the applicant.
(4) Testimony from interested persons.
(5) Questions by the Hearing Examiner of any party, witness or interested
person.
(6) Closing remarks, if needed.
(c) Content of the Record
The record of a hearing conducted by the Heating Examiner shall include, but need not
be limited to, the following:
(1) The application.
(2) The departmental staff reports.
(3) All other evidence received or considered, which shall include all
exhibits and other materials filed.
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(4) A recommendation or decision containing findings and conclusions
including a statement of matters officially noticed by the Hearing
Examiner.
(5) Electronic recordings of the proceedings.
(6) An affidavit or certificate of written notice given of the hearing.
1.1.. EVIDENCE
(a) Burden of Proof
(1) Where applicable ordinance(s) so provide, the Hearing Examiner shall
accord deference or other presumption as directed by the applicable
ordinance(s).
(2) Where the applicable ordinance(s) provide that the appellant has the
burden, appellant(s) must show by the applicable standard of proof that the
City's decision or action is not in compliance with ordinance(s)
authorizing that decision or action.
(3) Where the applicable ordinance(s) do not provide that the appellant has
the burden, the City shall make a prima facie showing that its decision or
action is in compliance with the ordinance(s) authorizing that decision or
action.
(4) Unless otherwise provided by applicable ordinance(s), statue, or case
law, the standard of proof is a preponderance of the evidence.
(b) Admissibility
The hearing generally will not be conducted according to technical rules relating to
evidence and procedure. Any evidence that is relevant, material, and reliable may be
admitted if in the Hearing Examiner's judgment it possesses probative value commonly
accepted by reasonable and prudent persons in the conduct of their affairs.
(c) Copies
Documentary evidence may be received in the form of copies or excerpts if the original is
not readily available. Upon request, parties shall be given an opportunity to compare the
copy with the original.
(d) Official Notice
The Hearing Examiner may take official notice of generally accepted and recognized
facts and law, including but not limited to City ordinances, resolutions, court decisions,
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and prior Hearing Examiner decisions. The Examiner may also take notice of technical or
scientific facts generally accepted as such within the relevant scientific or technical
community.
12. RECORDING
AlI pracecdings befoz e the Hearin Examiner shall be. electronically recorded including
but not limited to: lirehea ing conferences; al7pea.l.bearings .preOecision h"rings etc.- The
recordings,o't.l earings shall be pert of'the, official case record: The Hearing Examiner or
designee shall pt-ovide:cgpies of the electronic 3�eco clin s. and of any written materials in
the rord to: the.City Clerk. Those rc;cords shall be made available to tho.l3 blic on
request; a9d.upon pa.ym nt.of a rcasanabie: l`ee;fos';eagying:
13. OATH OR AFFIRMATION
All testimony shall be taken under oath or affirmation.
14. CROSS-EXAMINATION
Cross-examination shall be permitted as necessary for full disclosure of the facts and as
required by law.
15. LIMIT ON TESTIMONY
The Examiner may impose reasonable limitations on the number of witnesses heard, and
on the nature and length of their testimony, in order to expedite the proceeding and avoid
continuation of the hearing. Notice shall be given as early as practical when time
limitations are to be imposed. If a party is unable to present his or her arguments and
testimony within the allotted time, the record may be kept open and an opportunity may
be granted to submit written materials after the close of the hearing.
16. MOTIONS
Any application to the Hearing Examiner for an order shall be by motion which, unless
made during a public hearing, shall be in writing. The motion shall state explicitly the
reasons for the request, and shall state the specific relief or order sought.
Motions in advance of the hearing shall be received by the Hearing Examiner and all
parties of record at least five (5) working days before the date of the hearing. Written
replies to such a motion shall be received by the Hearing Examiner and all parties of
record before the time set for the hearing.
The Hearing Examiner may issue an order based on the written motion and any replies,
without oral arguments, or may call for oral arguments before ruling on the motion.
II
17. CONSOLIDATION OF HEARINGS
When practical and consistent with ordinance requirements, the Hearing Examiner will
consolidate land use matters for hearing. Any party may bring to the attention of the
Hearing Examiner the need for consolidation.
18. SITE VIEW
The Hearing Examiner may view a site before or after a hearing. Failure to view a site
will not invalidate the Hearing Examiner's decision.
19. CONT"UJING OR REOPENING HEARING
(a) Prior to a st,ho uled hearing; the Examiner inay continue: the hearing far good
Cai15e ciS Cletermi.ned by Cho . �eaj-iltP.la7C 1T117eI'. WI'ittol) noiice.of the date, time, and place
of the co.winued h0arii.q� shall be provided to each party ;gild 17e1'son.(s) entitled iu:r(.-Cclve
Ti tice pul-stint to the FWCC. The notice of rescheduled hearing -need not observe the
time requirernonts to whiclrthe.origi3ial notice vvas:subject.
o sio�oar:corroeldatlnthe Examiner
o(b) YIi(]i' teil
mazy colAinue 01. reoj)ell proceedings for good cause rind may pormit or rerluire wr4ten
briefs or.oral. aI'giirilent... If a Inattcl= is E-eopened after conclusion .of tile hearing, written
rfotice of the date, tinge, aild place of the. re(Voned Beal -mg, shall be lirovided' to each patty
and ..I}vasants� errlitl cl to .receive notice Pursuant to jhe FWCC. Such: notice shall be
provided not less than rcn. (10)::pri& tee `:the., eopen d l�ea6lig
(c) .If the ExainInel deterriiines at llearing..1hat '.#Here : is 4Y d cause: to contrnUe.;such
proceejing wild tlwn and there specifae;§ the. .date., , place. of the riew..hoaring,.no
further nq, ice xs z,egdired.
2Q LEAVING TIIE'R�CORD OPEN
(tr} Tli .E�c�liriit ei' rri iy .leave the record of lini iig open at the conclusion :of .a he,ng
ill order #o..rt;C.s'ivt ilr' yument,, additional evidofwe, Or' for rather cUo 17L1r1} SC. Yi3rtl s �Iiil11
bt . 3ravidcGl :izgli�:e. of the etsxrsidei'atioll .nl iiizy evidence. received after: lie arini 'and sll�ill
114ve :An PP..Po0tur #j!_10`:rGview ,slich evidence and I Tilt. rebiittal evIde-ilce.or argument.
(b) E: cept tks' iWnvided for in Sections 20(a) :Pd above,. information
submitted after the e lose: of the record shall not lie, included in the hear-ing re Ord or
considered by. the:Exaxni1lei; xa:aiaakiilg t11e clec s of or recommendation,
21. RECOMMENDATION OR DECISION
The Hearing Examiner- shall issue a written recommendation or decision within ten (10)
working days of the closure of the record. The decision shall assess any monetary
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penalty the Hearing Examiner determines to be appropriate pursuant to the Code and may
modify the corrective action or the correction date where permitted by the Code.
Copies of the recommendation or decision shall be mailed to all parties of record, and to
any other person pursuant to the Code. A copy of the list of parties of record may be
obtained from the Hearing Examiner's Office upon request.
22. CONTENT OF RECOMMENDATION OR DECISION
The Hearing Examiner's recommendation or decision shall contain findings of fact,
conclusions based thereon, and a recommendation or decision consistent with those
conclusions. In addition, the Hearing Examiner's recommendation or decision may
include conditions necessary to mitigate any impacts of the proposal and a brief statement
of appeal rights of the parties.
23. CLARIFICATION OF A DECISION OR RECOMMENDATION OF THE
EXAMINER
A party may file a written request for clarification of the decision or recommendation.
Alternatively, the Hearing Examiner may issue a clarification upon his or her own
motion. A clarification may not materially alter the outcome of the decision or
recommendation. A request for clarification does not stop the running of the time for
filing appeals, whether to the City Council or Superior Court.
The written request for clarification must be received in the Office of the Hearing
Examiner and by all parties within five (5) working days after the date of issuance of the
Hearing Examiner's decision or recommendation.
The Hearing Examiner, in his or her discretion, shall determine what further action is
proper, and within five (5) working days after filing of the request shall issue that
determination in writing to all parties of record.
24. TERMINATION OF JURISDICTION
The jurisdiction of the Hearing Examiner in a matter shall terminate upon the issuance of
his or her final action in that matter. The Hearing Examiner's final action is the issuance
of a recommendation or decision unless a request for reconsideration or clarification is
timely filed. If a request for reconsideration or clarification is timely filed, the final action
of the Hearing Examiner is his or her determination on the reconsideration or clarification
request.
Upon termination of the Hearing Examiner's jurisdiction, matters which require City
Council action are under the jurisdiction of the City Council. The City Council may,
however, revive the jurisdiction of the Hearing Examiner and remand a matter for
clarification of specific issues, or to consider facts not available at the time of the original
hearing. Remand hearings shall be processed in the same manner as the original
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proceeding before the Hearing Examiner, using the same procedures for posting, public
notice and the forwarding of the Hearing Examiner's recommendation to the City
Council.
25. DISPOSITION OF CASE RECORD
The official case record and other related materials shall be forwarded to the City Clerk
for storage after a matter has been finally acted upon by the City Council or by the
Hearing Examiner. Tape recordings of all proceedings before the Hearing Examiner shall
be maintained in the City Clerk's Office for the period required by law.
Case records of matters before the Hearing Examiner are public records and available for
review.
26. RULES FOR SPECIFIC CASES
The rules in Section 25 address those specific cases where the procedures and practices
must be different because the requirements and/or operation of the underlying ordinance
or other substantive authority are unique. Where the FWCC or other substantive
authority for the Hearing Examiner's jurisdiction specifies a practice or procedure
different or additional to the Hearing Examiner Rules, that FWCC or substantive
authority shall control. In the event that the rules in previous Sections of the Hearing
Examiner Rules conflict with the rules in Section 25, the rules in Section 25 shall control.
(a) Seized Property Claims
(1) Upon written referral from the Police Department, a claim relating to
property seized pursuant to RCW 69.50 or other applicable statute or
ordinance shall be scheduled for hearing with notice provided to the
parties.
(2) Proceedings for seized property claims shall be conducted in
accordance with RCW 34.05.
(3) Proceedings for seized property claims pursuant to RCW 69.50 shall
be presided by the Chief of Police or his/her designee.
(b) Vehicle Impound Hearings and Junk Vehicles
Proceedings relating to impounded vehicles and junk vehicles are governed by RCW
46.55 and FWCC Chapter 15.
(c) Animal Control
Proceedings relating to Animal Control are governed by FWCC Chapter 4.
14
These Hearing Examiner Rules of Procedure are adopted pursuant to the Federal Way
City Code 22-85, for the efficient and fair conduct of matters that come before the City of
Federal Way Hearing Examiner.
By this adoption, the following rules previously adopted by the Hearing Examiner are
repealed and no longer effective.
Date of Adoption: Z f Zo
Phil A. Olbrechts
Hearing Examiner
Ogden Murphy Wallace
1601 5th Ave Ste 2100
Seattle, WA 98101-1686
206-447-7000