A. 
Any affected nondomestic user shall have the right to an administrative hearing to appeal the director's determination to take any of the following actions:
1. 
Issue or deny a nondomestic user's wastewater discharge permit or other control document;
2. 
Impose particular conditions or requirements in a nondomestic user's wastewater discharge permit or other control document;
3. 
Suspend a nondomestic user's wastewater services or wastewater discharge permit or other control document pursuant to BLMC § 13.14.1170;
4. 
Terminate the nondomestic user's wastewater services or wastewater discharge permit or other control document pursuant to BLMC § 13.14.1180;
5. 
Modify the nondomestic user's wastewater discharge permit or other control document pursuant to BLMC § 13.14.630;
6. 
Issue a notice of violation pursuant to BLMC § 13.14.1110;
7. 
Require annual publication pursuant to BLMC § 13.14.1000;
8. 
Issue a compliance order pursuant to BLMC § 13.14.1140;
9. 
Impose administrative penalties pursuant to BLMC § 13.14.1160;
10. 
Impose civil penalties pursuant to BLMC § 13.14.1230;
11. 
Assess damages and costs against the user pursuant to BLMC § 13.14.1230;
12. 
Impose any other discretionary action upon the user, or deny any discretionary action requested of the director by the user, if such action or omission directly affects the nondomestic user; or
13. 
Take any other action with respect to the user which requires the opportunity for hearing by state law or constitutional right.
(Ord. 1719 § 1 (Exh. A), 2024; Ord. 1725 § 12, 2024)
A. 
A hearing pursuant to this article shall be requested by the nondomestic user, in writing to the director within 15 business days of the user's actual notice of the director's action or determination from which the user seeks appeal. Failure to request such hearing within this period shall constitute a waiver of the right to administrative hearing, unless the director determines that good cause exists for the delay.
B. 
Any request for administrative hearing shall adequately identify the affected nondomestic user, the director's action or determination from which the user seeks appeal, and the basis or reasons for the appeal.
C. 
The director shall respond to all requests for administrative hearing within 15 business days of receipt of request from the user, or five business days if the user is contesting suspension of wastewater services, permit, or other control document.
D. 
The director may deny a request for hearing if the request is untimely, the action contested is not subject to appeal, or if the director determines in good faith that the request is incomplete or additional information is needed to identify the user, determine the particular action or decision appealed, or determine the basis or reasons for appeal. If the request is denied, the director shall state the basis for the denial in the director's response.
E. 
If the request for hearing is granted, the director shall set a date for hearing no sooner than 10 days or later than 30 days from the date of the director's response to the request. The director may extend the date for hearing upon good cause for delay and timely notice to the nondomestic user.
F. 
The director's response granting an administrative hearing shall notify the nondomestic user of the following items:
1. 
The names and addresses of all parties to whom notice has been sent;
2. 
The mailing address and telephone number of the department or office designated to represent the director, typically the control authority or contributing jurisdictions' attorney's office;
3. 
The official file or reference number and name of the proceeding;
4. 
The name, title, mailing address, and telephone number of the appointed hearings officer, if known;
5. 
A brief statement of the time, location, and nature of the administrative hearing;
6. 
A statement that the hearing is provided pursuant to this article under the authority conferred upon the director by BLMC § 13.14.020;
7. 
A reference to the particular sections of this chapter, state law, or federal law upon which the director intends to rely;
8. 
A short statement of the factual or legal matters asserted by the director, if known; and
9. 
A statement that a party who fails to attend or participate in the scheduled hearing may be found in default.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
The hearings officer for an administrative hearing under this article shall be the city's hearing examiner.
B. 
A person that has served as an investigator, prosecutor, or advocate in an adjudicative proceeding, or in its pre-adjudicative stage, or one who is subject to the authority, direction, or discretion of such a person, may not serve as a hearings officer in the same proceeding.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
Any party to the hearing may present a written petition for disqualification of a designated hearings officer. A hearings officer shall be subject to disqualification for actual bias, prejudice, interest, or any other cause sufficient to disqualify a judge under state law. Such petition shall particularly describe the basis or reasons asserted for disqualification, and must be submitted to the designated hearings officer within 10 days of official notice of the hearings officer's identity, or within five days of actual knowledge of the basis for disqualification, whichever is longer. Failure to timely submit a petition for disqualification shall result in a waiver of that party's objection to the hearings officer. Petition for disqualification must be submitted at least two days prior to hearing date.
B. 
The hearings officer shall consider and decide such petition within 10 days and issue a written order stating facts and reasons for the determination made.
C. 
The time for hearing set pursuant to BLMC § 13.14.1510 shall be stayed pending determination of a petition for disqualification.
(Ord. 1719 § 1 (Exh. A), 2024)
The hearings officer shall allow all parties, at appropriate stages of the proceeding, to submit and respond to written and oral pleadings, motions, petitions and objections. A party that submits written pleadings, briefs, petitions, or other documents to the hearings officer shall deliver a copy in advance to all other parties. The hearings officer may refuse to consider written pleadings, motions, petitions, and other documents which have not been delivered to other parties.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
When a party fails to attend or participate in a hearing pursuant to this article, the hearings officer may issue an order of default disposing of the matter in favor of the opposing party.
B. 
Within seven days of issuance of order of default, the party against whom the order has been issued may petition the hearings officer, in writing, to repeal the order of default and set a new date for hearing. Upon good cause shown by the defaulting party, and a finding by the hearings officer, on the record, that repeal of the order of default is required in the administration of justice, such repeal of the order of default may be granted and the hearing reset.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
Upon the written or oral motion of any party, or on his or her own accord, the hearings officer may grant a continuance of the date set for hearing for any good cause. Upon request for continuance, the party requesting continuance shall advise all other parties of the request. The hearings officer shall afford all other parties an opportunity to address a request for continuance before granting such motion. If contested, the hearings officer shall determine in his or her discretion whether good cause has been presented, taking into due consideration the orderly and efficient administration of such hearings.
B. 
Upon order of continuance, the hearings officer shall determine a new date for hearing not to exceed 30 days from the date of the previously arranged hearing, and shall advise all parties of the new date and time for hearing, and new location, if applicable.
C. 
The time limits for hearing otherwise established by this article shall be deemed to be waived by all parties upon issuance of an order of continuance.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
The hearings officer shall preside over and regulate the course of proceedings at the hearing.
B. 
To the extent necessary to make an informed and rational decision, the hearings officer shall allow all parties the opportunity to present evidence and argument, conduct cross-examination, and submit rebuttal evidence.
C. 
Upon finding that the rights of the parties will not be prejudiced, the hearings officer may allow all or part of the hearing to be conducted by telephone, or other electronic means.
D. 
The formal rules of evidence shall not apply to the presentation of evidence at the hearing. The hearings officer shall allow evidence if, in the judgment of the hearings officer, the evidence is of the kind upon which reasonably prudent persons are accustomed to rely in the conduct of their affairs. Upon the motion of any party, or upon his or her own accord, the hearings officer may exclude the presentation of evidence that the hearings officer determines is not relevant, cumulative, prejudicial, or excludable on the basis of constitutional or state law.
E. 
All testimony of witnesses shall be made under oath or affirmation and the hearings officer is authorized by this chapter to administer such oath or affirmation as set forth in RCW 5.28.010 through 5.28.060.
F. 
The hearings officer may take administrative notice of: any fact judicially cognizable; technical or scientific facts within the director's specialized knowledge; officially published laws and regulations of the control authority or any contributing jurisdiction, the state, the United States, or any other state; and any codes or standards that have been adopted by the control authority or any contributing jurisdiction, an agency of the United States, the state, or any other state, or by a nationally recognized organization or association.
Parties shall be notified of any such information which the hearings officer takes administrative notice and shall have the opportunity to address and/or contest the facts or materials so noticed prior to issuance of a final order.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
The hearings officer shall cause the hearing to be recorded in a method chosen by the director. The director shall not be required to prepare a transcript, unless required to do so by other provision of law.
B. 
Any party may make arrangements to record the hearing through any means of choice; provided, that the party arranges and pays for the expenses of recording, and provided further that the chosen recording means does not cause distraction or disruption.
C. 
Upon issuance of a final order, the director shall maintain the record of hearing for a period of 90 days, for the purposes of judicial review.
(Ord. 1719 § 1 (Exh. A), 2024)
Administrative hearings pursuant to this article shall be generally open to public observation, unless required to be private by state law or constitutional provision, or if the nondomestic user requests confidentiality and establishes that evidence to be presented at the hearing is protected from public disclosure under the standards set forth in BLMC § 13.14.900. The hearings officer may order the hearing to be closed upon other good cause shown by the parties, such as undue distraction or disruption.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
Once designated, the hearings officer shall not communicate, directly or indirectly, regarding any issue in the proceeding other than communications necessary to procedural aspects of maintaining an orderly process, with any elected official, officer, employee or other representative of the control authority or any contributing jurisdiction who has specific knowledge of the matter, or with any other person who has a direct or indirect interest in the outcome of the hearing, without notice and opportunity for all parties to participate, except as otherwise provided in this article.
B. 
The hearings officer may receive aid and advice from the control authority or any contributing jurisdictions' attorney's office; provided, that the hearings officer initiates the communication, the particular employee providing advice has not and/or will not represent the director at the hearing; and provided further, that any such communications are limited to the resolution of legal issues requiring specialized knowledge or resources.
C. 
The hearings officer may communicate with employees or consultants of the control authority or any contributing jurisdiction who have not participated in the proceeding in any manner, and who are not engaged in any investigative or prosecutorial functions in the same or a factually related case.
D. 
Persons with whom the hearings officer may not communicate regarding any issue in the hearing under the provisions of subsection (A) of this section shall not initiate communication with the hearings officer, without notice and opportunity for all parties to participate, unless necessary to procedural aspects of maintaining an orderly process.
E. 
Nothing in this article shall prohibit the parties from communicating with the hearings officer when specifically authorized or required to do so by this chapter or state law.
F. 
A hearings officer who receives or initiates prohibited communications shall notify all parties and identify the party making the communication, or to whom the communication was made, and place on the record the substance of all prohibited communications. Any party may submit a written rebuttal statement to the hearings officer in response to a prohibited communication, and such statement shall be placed on the record; provided, that the rebuttal is submitted within 10 days of the party's notice of the prohibited communication, and further that notice of the rebuttal is provided to all other parties. Such prohibited statements and rebuttals included on the record shall not be considered evidence in the hearings officer's determination and may form the basis for a petition for disqualification of the hearings officer.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
The hearings officer shall issue a written final order within 15 business days of conclusion of the hearing. The hearings officer may extend the time for final order upon notice to the parties and upon good cause, including but not limited to: excessive evidence or testimony, factual or legal complexities requiring additional investigation or research, or time conflict with other prearranged matters. The hearings officer shall be reasonably diligent in issuing final orders within the timelines specified in this section.
B. 
The final order shall include the following elements:
1. 
A statement of findings and conclusions, and the reasons and basis therefor, on all material issues of fact, law, or discretion presented on the record;
2. 
The remedy, sanction, or other action determined to be applicable;
3. 
Any specific findings substantially based upon the credibility or demeanor of witnesses and the reasons therefor; and
4. 
A statement advising the parties of the right to seek judicial review in Pierce County superior court by filing the appropriate petition within 30 days of issuance of the final order.
C. 
Findings of fact shall be based exclusively upon the evidence contained in the record of the hearing and shall be based upon the kind of evidence upon which reasonably prudent persons are accustomed to rely in the conduct of their affairs.
D. 
The hearings officer may rely upon any specialized knowledge of the control authority or contributing jurisdictions in evaluating evidence.
E. 
The hearings officer may allow the parties time after conclusion of the hearing to submit memos, briefs, or proposed orders. A party submitting a memo, brief, or proposed order shall provide notice of the submittal to all other parties and comply with the provisions of BLMC § 13.14.1540.
F. 
The hearings officer may accept and issue, or incorporate into the final order, any stipulated agreement made between the parties, provided the hearings officer determines that such stipulated agreement does not offend the administration of justice.
G. 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this chapter.
(Ord. 1719 § 1 (Exh. A), 2024)