The land use hearing examiner system is intended to provide an expeditious adjudicatory process in the land use arena which affords procedural due process and fundamental fairness.
(Ord. 101 (1984) § 2, 1984)
The county, through its board of county commissioners, shall appoint one or more chief hearing examiners and such other deputy examiners or pro tempore examiners as are necessary to perform the duties assigned. Such appointments shall be upon mutually acceptable terms.
(Ord. 101 (1984) § 4, 1984; Ord. 630 (2023) § 1, 2023)
Each chief examiner and every deputy examiner shall be appointed for an initial term of up to one year. Thereafter, upon reappointment, the term of office shall be for up to three years, with the intent that terms among multiple chief examiners may be staggered. Pro tempore examiners shall serve as specified in each appointment.
(Ord. 101 (1984) § 5, 1984; Ord. 630 (2023) § 2, 2023)
An examiner shall be appointed based solely upon his or her qualifications and shall have such previous training and experience as will qualify the examiner to fairly conduct administrative and quasi-judicial hearings upon land use matters.
(Ord. 101 (1984) § 6, 1984)
Examiners shall perform those duties designated by ordinance or statute. As among multiple examiners, the department or office in charge of the subject matter or appeal shall assign hearing examiners to regularly scheduled hearings on a rotating basis with limited exceptions as needed for workload or conflicts. Limited exceptions may include periods of scheduled and unscheduled leave by the hearing examiner, lengthy delays in decision issuance, and may also include scheduling for matters allowed by code.
(Ord. 101 (1984) § 7, 1984; Ord. 630 (2023) § 3, 2023)
No person, including county officials and employees, shall attempt to influence an examiner upon any matter pending or likely to be brought before such examiner except at a public hearing at which the matter is to be considered; provided, if requested by an examiner, the prosecuting attorney may provide advice on questions of law.
(Ord. 101 (1984) § 8, 1984)
An examiner shall not hear and shall disqualify himself or herself in a proceeding in which his or her impartiality could reasonably be questioned. In applying the foregoing standard an examiner shall adhere to the guidelines contained in Canon 3c of the Code of Judicial Conduct.
In the event of a disqualification the disqualified examiner shall transfer the proceeding to another examiner or, if there is no other qualified examiner, to the Kitsap County planning commission.
(Ord. 101 (1984) § 9, 1984)
The chief hearing examiner shall have the following additional duties:
a. 
Administrative responsibility over deputy and pro tempore hearing examiners which shall include the assignment of cases;
b. 
The promulgation of rules as provided in Section 2.10.120;
c. 
Annually, the chief examiner shall produce a written report which shall contain:
1. 
A summary of decisions made within the hearing examiner system;
2. 
Recommendations for improving the hearing examiner system;
3. 
Other observations and recommendations pertaining to land use policies or legislation.
(Ord. 101 (1984) § 11, 1984)
The chief hearing examiner shall promulgate procedural rules which govern the conduct of proceedings within and operation of the hearing examiner system; provided, such rules shall become effective only if approved by the board of county commissioners; and provided further, such rules shall not conflict with any ordinance or statute. The hearing examiner has the authority to include provisions for pre-hearing and post-hearing mediation and for reconsideration of the examiner’s final decisions in such rules.
(Ord. 101 (1984) § 12, 1984; Ord. 428 (2009) § 1, 2009)