These rules apply to all official activities and acts that the hearing examiner has authority to conduct as prescribed by law.
(Ord. 2008-19, 2008)
means a person, organization, association or similar group who files a complete and timely appeal of a decision that provides for an appeal.
means a person who is the owner of the subject property or the authorized agent of the owner of the subject property and who has filed a complete application for a land use or development permit.
means any map, plan, or policy statement pertaining to the development of land use, streets and roads, or public utilities and facilities, for all or any portion of unincorporated Kittitas County which has been officially adopted by the Board of Kittitas County Commissioners.
means Kittitas County, Washington.
means the Board of Kittitas County Commissioners.
means the Kittitas County Community Development Services.
means written or oral communication with the hearing examiner about a pending matter that is not included in the public record and made outside of a public hearing.
means the proceeding at which testimony and exhibits are presented to the hearing examiner.
means the Kittitas County hearing examiner or hearing examiner pro tempore.
means any individual, partnership, corporation, association, or public or private organization that may be affected by the proceedings before the hearing examiner and shall include any party in a contested case.
means a written request made to the hearing examiner for an order or other ruling.
means a hearing that creates the record through testimony and the submission of evidence. An open record hearing may be held on an appeal if no open record hearing has previously been held on the application or interpretation being appealed.
means:
A person who testifies at a hearing |
The applicant |
Anyone who submits written testimony specific to a matter pending before the hearing examiner |
Kittitas County |
(Ord. 2008-19, 2008)
Expeditious Proceedings | |
It is the policy of Kittitas County that, to the extent practicable and consistent with the requirements of law, public hearings shall be conducted expeditiously. In the conduct of such proceedings, the hearing examiner, county staff and all parties and their agents shall make every effort at each stage of a proceeding to avoid delay. | |
Hearing Schedule | |
Regular hearings are scheduled for the second and fourth Thursday of each month at 6 pm, unless a lack of business justifies canceling a regular meeting. The hearing examiner may, from time to time, schedule special meetings outside of the regular meeting schedule in order to accommodate special circumstances, hardships, or to more efficiently process large volumes of applications. The hearing examiner shall have sole discretion to set the special meeting calendar. | |
Hearing Format | |
The format for public hearings will be of an informal nature designed in such a way that facts relevant to a particular proceeding will be available to the hearing examiner and easily ascertainable to a reviewing body on appeal. The format will allow and facilitate development of a record. | |
Site Visits | |
When necessary, the hearing examiner may inspect a project site prior or subsequent to the hearing. The site visit is not part of the record. Failure to conduct a site visit will not render the hearing examiner decision void. The hearing examiner shall have sole discretion to determine if a site visit is warranted or necessary. | |
Record of Hearing | |
1. | Hearings shall be electronically recorded and such recordings shall be a part of the official case record. Copies of the electronic recordings or transcripts thereof, shall be made available to the public upon request. The party making the request shall pay the reasonable cost of such copying or transcribing. No written minutes of the hearing will be produced. |
2. | Copies of any written materials and other exhibits in the record may be obtained by any interested person who shall be responsible for paying the cost of reproducing such material. |
(Ord. 2008-19, 2008)
1.
Rights of the county. The county staff shall have the right to prepare and present evidence and testimony, object, cross examination, make motions, offer arguments and recommendations and all other rights essential to a fair hearing.
2.
Rights of the applicant. Every applicant or appellant shall have the right of notice, cross-examination, presentation of evidence, objection, motion, argument, and all other rights essential to a fair hearing. The applicant shall also have the right to timely access to the county staff report.
The hearing examiner may impose limitations on the number of witnesses and the length and nature of their testimony. Cross-examination is permitted by the county and applicant as necessary for a full disclosure of the facts, but the hearing examiner shall control the amount and style of cross-examination. |
3.
Rights of parties of record. Every party of record shall have the right to present evidence and testimony at hearings. The right of parties of record to cross-examine, object, submit motions and arguments shall be at the discretion of the hearing examiner. The hearing examiner may impose limitations on the number of witnesses heard and the nature and length of their testimony.
4.
Responsibilities of county staff. The county staff shall provide a staff report to the hearing examiner, applicant, and have them available for public inspection at least ten (10) days prior to the hearing, provide public notice of hearings; present materials at hearings, provide the hearing examiner with the documents relevant to each case, and provide revised plans if received within fifteen (15) days of the hearing.
5.
Responsibilities of applicant. Whenever possible, prior to the hearing the applicant shall provide the hearing examiner with material that supports the application and be prepared to answer questions by the hearing examiner.
6.
Responsibilities of parties of record and all others. Parties, witnesses and observers shall conduct themselves with civility and deal courteously with all involved in the proceedings. Failure to do so will result in removal from the hearing.
(Ord. 2008-19, 2008)
1.
Hearings will be presided over by the hearing examiner.
2.
The hearing examiner shall not be subject to removal or disqualification from presiding over and rendering a decision in any matter before him/her by means of an "Affidavit of Prejudice" or similar legal mechanism. Disqualification of the hearing examiner shall be controlled by the Appearance of Fairness Doctrine and RCW 42.36 et seq.
3.
The hearing examiner shall have all of the authority and duties as granted in state statutes, the Kittitas County Code and other county rules and resolutions. Included in these duties are the following: to conduct fair and impartial hearings; to take all necessary action to avoid delay in the disposition of cases; and, to maintain order. The hearing examiner shall have all powers necessary to that end, including but not limited to the following:
a.
To administer oaths and affirmations;
b.
To issue subpoenas;
c.
To rule upon offers of proof and receive evidence;
d.
To regulate the course of hearings and the conduct of the parties and their agents;
e.
To question any party presenting testimony at the hearing;
f.
To hold conferences for settlement, simplification of the issues, or any other proper purpose;
g.
To require briefs on legal issues;
h.
To consider and rule upon all procedural and other motions appropriate to the proceedings; and,
i.
To make and file decisions.
4.
In the performance of adjudicative functions, the hearing examiner shall not be subject to the supervision or direction of any elected official, officer, employee or agent of Kittitas County.
(Ord. 2008-19, 2008)
1.
Although representation by legal council is not required, all parties participating in the hearings may be represented by legal council of their choice.
2.
The hearing examiner shall have the authority to seek legal memorandum of legal issues raised at hearing from the County Prosecutor's Office.
3.
All forms of legal authority including briefs and other legal memoranda upon which a party of record will be relying or presenting at the hearing must be submitted to the hearing examiner at least one (1) week in advance of the scheduled hearing date. The above mentioned documents shall be available to the public in advance of the scheduled hearing date.
(Ord. 2008-19, 2008)
1.
The hearing examiner may hold a conference prior to the hearing to structure the scope of the hearing. The hearing examiner may use the conference for:
a.
Identification, clarification and simplification of the issues;
b.
Disclosure of witnesses to be called and exhibits to be presented;
c.
Arguments of motions based on law;
d.
Other matters deemed by the hearing examiner to be appropriate for the orderly and expeditious disposition of the proceedings.
2.
Prehearing conferences may be held by telephone conference call.
3.
The hearing examiner shall give reasonable notice to the parties of any prehearing conference. Notice may be written or oral.
4.
All parties shall be represented at any prehearing conference unless they waive the right to be present or represented.
5.
Following the prehearing conference, the hearing examiner may issue an order reciting the actions taken or ruling on motions made at the conference.
6.
At the hearing, the hearing examiner shall develop for the record the time, purpose and result of the hearing conference.
(Ord. 2008-19, 2008)
All testimony before the hearing examiner shall be given under oath or affirmation to tell the truth. The hearing examiner shall administer the oath or affirmation.
(Ord. 2008-19, 2008)
The record of hearing conducted by the hearing examiner shall include, but not be limited to, the following materials:
1.
The application or petition;
2.
The department staff reports;
3.
All evidence received which shall include oral testimony given at the hearing, all exhibits and other materials admitted as evidence;
4.
A statement of all matters officially noticed;
5.
A decision containing the findings of fact and conclusions of law upon which the decision was based;
6.
Tape recordings made on electronic equipment; and
7.
An environmental determination made pursuant to the State Environmental Policy Act of 1971 (SEPA), as amended (if applicable).
(Ord. 2008-19, 2008)
A public hearing will usually include, but not be limited to the following elements: a brief introductory statement by the hearing examiner on the hearing procedures that will be followed; a report by the planning staff that shall include an introduction of the official file, reference to any visual aids, and a summary of the recommendations of the department; testimony by the applicant or petitioner and cross-examination of these witnesses; testimony in support; testimony of opposing parties; opportunity for cross-examination and rebuttal; and opportunity for questions by the hearing examiner.
(Ord. 2008-19, 2008)
1.
Hearing examiner. If the hearing examiner determines that more information is necessary in order to make a decision, or the hearing examiner is unable to hear all the public comments or study exhibits, the hearing may be continued to a date and time certain. If continued to a specific time and place, no further notice of that continued hearing need be given.
2.
At the request of a party. Any party of record may request continuance of a hearing. The request, if made prior to the hearing, must be in writing and state reasonable grounds for a continuance. If the request is made orally at the hearing, it must be based on reasonable grounds. The hearing examiner shall have sole discretion to grant or deny the request for continuance.
(Ord. 2008-19, 2008)
1.
Burden of proof. The applicant or appellant shall have the burden of proof to show compliance with applicable laws and regulations of Washington State and Kittitas County.
2.
Admissibility. The hearing generally will not be conducted according to strict legal rules relating to evidence and procedure. Any relevant evidence shall be admitted if it is the type that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The rules of privilege shall be effective to the extent recognized by law. The hearing examiner shall have discretion on the admissibility of all evidence.
3.
Copies. Documentary evidence may be received in the form of copies of excerpts if the original document is not readily available. Upon request, parties shall be given the opportunity to compare the copy to the original. It is advisable to provide an extra copy of all documents to the hearing examiner as a working copy.
4.
Judicial notice. The hearing examiner may take judicial notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within his or her specialized knowledge. The hearing examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding.
5.
Late filing of documents. The hearing examiner may request a document to be filed after the close of public testimony. Only those documents referred to at the public hearing may be submitted and only when specifically requested by the hearing examiner.
6.
Additional evidence. Additional evidence may be submitted upon a Request for Reconsideration based on new evidence not available at the time of the public hearing. If additional evidence is submitted with a Request for Reconsideration, it will be considered only upon a showing of significant relevance to the case and good cause for the delay in its submission. All parties of record will be given notice, either in writing or orally, of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments. The hearing examiner shall have sole discretion in the admissibility of additional evidence.
7.
Record of evidence. All parties will be allowed the opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof.
(Ord. 2008-19, 2008)
1.
Withdrawal prior to service of notice. If a withdrawal request is made in writing to the department before the official notice of the public hearing is given, the withdrawal shall be automatically allowed.
2.
Withdrawal requested after service of notice. If a withdrawal request is made after official notice of the public hearing is given, the hearing examiner has full and sole discretion in allowing or disallowing the request.
(Ord. 2008-19, 2008)
1.
Written decisions. The hearing examiner shall issue written decisions supported by findings of fact and conclusions of law on all matters brought before the examiner for adjudication. Such written decisions will be issued within ten (10) working days of the close of the public hearing unless, an extension of time is agreed to by the applicant, and copies will be delivered to all parties of record. The decision will also contain the procedure available to file an appeal to the hearing examiner's decision.
2.
Content of decision. The decision shall include a statement of:
a.
The nature and background of the proceeding.
b.
The findings of fact shall be based exclusively on the evidence presented at the hearing and those matters officially noticed. The findings of fact shall consist of a concise statement of each fact found upon each contested issue of fact. The findings of fact shall provide citations to the record to support each factual finding.
c.
Whenever practicable, the conclusions shall be referenced to specific provisions of the law and regulations or both, together with reasons and precedents relied upon to support the same. The conclusions shall make reference to the effect of the decision with reference to carrying out and conforming to the comprehensive plan and the county's development regulations.
d.
The appropriate ruling, order or relief. The decision shall be based upon a consideration of the whole record and be supported by reliable, probative and substantial evidence. All decisions may include conditions of approval.
(Ord. 2008-19, 2008)
1.
Reopening the hearing. If within five (5) days after the public hearing any party of record petitions the hearing examiner for a reopening of the hearing, the hearing examiner shall have discretion to reopen the hearing to consider new testimony or new evidence that was unavailable at the time of the hearing. All parties of record who participated at the hearing shall be given notice, either written or oral, of the consideration of such additional evidence and be granted an opportunity to review such evidence and file rebuttal arguments.
2.
Reconsideration.
a.
Any party of record may file a written request for reconsideration with the department. The request must be filed within ten (10) days of the decision. The request shall specifically set forth alleged errors of fact, law or procedure as set forth in the hearing examiner's written decision. The request may also include direction to a specific issue that was inadvertently omitted from the hearing examiner's decision.
b.
The hearing examiner shall act within five (5) working days after the date of filing of the request for reconsideration by either denying or approving the request.
c.
If the hearing examiner approves the request for reconsideration, the original decision shall be corrected or amended, or, the hearing examiner can set the matter for a continued public hearing to correct the record or any deficiencies of the original decision. If a continued hearing is required, the notice of said hearing shall be mailed to all parties of record not less than five (5) days before the hearing.
(Ord. 2008-19, 2008)