HomeMy WebLinkAboutSigned Hearing Examiner Pre-hearing order ANDERSON Appeal N of Noncompliance Oct 5 2026
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 1
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Before Hearing Examiner
Tom Ehrlichman
BEFORE THE HEARING EXAMINER
FOR JEFFERSON COUNTY
In the Matter of the ) Appeal File No.:
Appeal of a Notice of Noncompliance ) COM2009-00191C
(Jefferson County Public Health, )
Aug. 5, 2026) Filed by )
) PREHEARING ORDER
MICHAEL ANDERSON )
)
Parcel Numbers: )
901-111-2013, 961-807-201, )
961-807-214, 961-807-215, 961-807-217 )
____________________________________)
A. HEARING DATE SET.
The Hearing on the Merits for this appeal will be held on November 17, 2026, from
8:30 a.m. to 4:00 p.m. at 1820 Jefferson Street, Port Townsend, WA 98368, in the
Commissioners Chambers, and via electronic meeting (link to be announced). This appeal will
be a special meeting that is not open to the public for testimony or participation, pursuant to
adopted County rules for appeal hearings. Jefferson County Code (JCC) 20.30.30(20); Hearing
Examiner Rule (HX Rule) 5.10. The Appellant and Environmental Public Health Division are
the only parties.
B. PROCEDURAL BACKGROUND.
1. Appeal File Number. For purposes of administrative convenience during this
appeal, the above-captioned Appeal File Number COM2009-00191C incorporates all of the
following Jefferson County Public Health File Numbers:
SOM1978-00104
COM2003-00021
COM2006-00025
COM2009-00191
COM2021-00045
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 2
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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The parties shall utilize file number “COM2009-00191C” in the subject line of all filings.1
2. The Appeal of Notice of Noncompliance. On August 14, 2026, the Clerk of the
Board of County Commissioners received a written appeal and filing fees from Michael
Anderson. The appeal challenges a Notice of Noncompliance issued by Jefferson County Public
Health, Environmental Public Health Division on August 5, 2026 (the “Notice”). Page One of
the Notice cites each of the above-listed file numbers.
3. Prehearing Conference Held. On September 30, 2026, the Hearing Examiner held
a telephonic prehearing conference on the appeal. The parties to the appeal attended. Mr.
Anderson attended representing himself, pro se. Jefferson County Public Health appeared
through Jeremiah Luther, Deputy Prosecuting Attorney for Jefferson County. Also present was
Carter Erickson, Manager Environmental Public Health Division; Becca Maurer, Senior Code
Compliance Specialist for that division; and Carolyn Gallaway, Clerk for the Office of Hearing
Examiner.
C. MEDICAL PROTECTIVE ORDER.
Mr. Anderson’s appeal includes graphic medical and health details as a defense and as a
basis for reversing the Notice on appeal before the Hearing Examiner. One of the primary
purposes of the prehearing conference was for the Hearing Examiner to explain issuance of the
following medical protective order to avoid public disclosure of Mr. Anderson’s private health
details, in the event Mr. Anderson seeks to introduce evidence of health issues. This order
restricts the form of presentation of medical and health details to be used by the parties as
follows:
1. Without ruling on the admissibility or relevance of such evidence, the Hearing
Examiner hereby orders that any medical or health evidence will be included in the record only if
it is filed with the Clerk in writing in the form of a separate attachment dedicated to the medical
information. ORAL TESTIMONY WILL NOT BE PERMITTED AT HEARING ON
1 During the prehearing conference, all parties went on record concurring that all five file numbers listed above are
included in the Notice and that Mr. Anderson’s appeal of the Notice was therefore intended to encompass all five
file numbers (as pointed out by the Clerk, his appeal listed only two of them).
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 3
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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MEDICAL OR HEALTH EVIDENCE. If admissible, the Hearing Examiner will consider such
evidence in written form only.
2. It is hereby ordered that any writing containing medical or health details of
any kind will be accepted by the Clerk only if filed in the form of an attachment containing
the medical details, as an attachment to the party’s main exhibit providing generalized
argument on the particular medical issue(s). The Clerk shall assign a sub-exhibit number
to each medical/health attachment and include the sub-exhibit number in the Exhibit List.
The Clerk shall not post the contents of the sub-exhibit attachment online or provide it to any
party or person in any form as part of this proceeding, except for providing the Hearing
Examiner a copy for confidential review and to effect service in the limited manner herein.
3. Upon receiving a medical/health attachment and assigning it a sub-exhibit
number, the Clerk shall serve a single copy of the attachment in hard-copy form only in person to
legal counsel representing respondent Environmental Public Health Division. Neither Counsel
or his clients shall distribute, duplicate, copy, scan, photograph or create an electronic copy of
the attachment except by prior approval of the Hearing Examiner or except as otherwise required
by law. Counsel shall file but not serve any rebuttal documents containing private
medical/health information, with each page stamped “Confidential.” The Clerk shall then serve
Appellant Anderson by mail with a single hard copy of Counsel’s rebuttal exhibit and
attachment.
4. This protective order shall be conservatively adhered to with the intent of
allowing the Appellant to present his defense, without unintended public disclosure of private
health information into the public domain. Nothing herein is intended to modify the County’s
obligations under the Public Records Act.
D. PROTOCOL.
1. General Procedures for This Hearing. As explained at the prehearing
conference, rules and statutes governing the appearance of fairness shall apply. This means that
the Hearing Examiner will review and base his decision on only evidence and testimony received
at the Hearing on the Merits or filed in advance with the Clerk. The Hearing Examiner will
designate that record and determine issues of relevancy and admissibility. Mailings sent to the
Office of Hearing Examiner shall be sent to: Carolyn Gallaway, Clerk, Office of Hearing
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 4
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Examiner, PO box 1220, Port Townsend, WA 98368. Her email and phone number are:
carolyn@co.jefferson.wa.us and (360) 385-9122. The Clerk may be able to assist the parties
with procedural information but does not provide legal advice or discuss substantive matters.
Any substantive questions or comments shall be directed to the Hearing Examiner and
shall be submitted in writing by signed letter or motion, served upon opposing parties at the time
of filing.
2. Service by Mail. Under County procedures, the Appellant has requested that
he be served in this matter via U.S. Mail at the following address in all matters related to this
appeal:
Mike Anderson
270 West Maude Street
Port Hadlock, WA 98339
3. Exhibits. Documents that are pre-filed prior to the hearing shall be admitted
into the record, subject to objection by a party by motion made in conformity with HX Rule 5.14.
Parties wishing to supplement, introduce, or replace an exhibit shall do so in a signed writing
addressed to the Hearing Examiner and served upon all parties. The Clerk may replace an
exhibit with a supplemental or replacement exhibit at the order of the Hearing Examiner for
clarity or judicial economy.
4. Rules Governing the Appeal/Representation. The Hearing Examiner
strongly advises all parties to familiarize themselves with the procedures and rules governing this
appeal, including but not limited to those contained in Jefferson County Code Chapters 2.30,
19.25, 19.35 and 19.40; and in the Hearing Examiner Rules of Procedure, a copy of which may
be obtained online2 or from the Clerk.
As acknowledged at prehearing conference by Mr. Anderson, the procedures and legal
issues in this case are complex. In addition, without providing legal advice to the parties, the
Hearing Examiner described the context of the appeal at the prehearing conference as follows:
§ Each party should immediately obtain a copy of the exhibit list and, if desired, request
copies of exhibits from the Clerk.
2 https://jeffersoncountypublichealth.org/1716/22121/Office-of-the-Hearing-Examiner.
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 5
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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§ The Hearing Examiner’s decision in this case will be the final decision by Jefferson
County; this appeal hearing process is evidentiary in nature; it may be the only
opportunity for a party to introduce evidence and testimony in support of their position
on the Notice of Noncompliance;
§ The history of this case is extensive and involves litigation, court orders, liens and
agreements;
§ Significant property interests are at stake for the Appellant, including but not limited to
the potential for significant monetary penalties, abatement, and/or possible subsequent
placement of liens on title to the two properties involved. (Appellant may wish to note
the default provisions in HX Rule 5.13).
In light of these circumstances, all parties may wish to consider representation by legal
counsel. Legal counsel representing a party may appear by filing a Notice of Appearance with
the Clerk with service upon opposing parties. However, last minute requests for continuances or
extensions of time to accommodate new counsel are unlikely to be viewed favorably, and thus
any new appearances should commence immediately in time to prepare for the November 17,
2026 hearing on the merits of the appeal.
E. TIMING FOR FILING AND SERVING WRITTEN EVIDENCE/TESTIMONY.
1. Hearing Examiner Rule 4. Familiarity with the Hearing Examiner Rules is
important because they contain various timelines and requirements for submittal of documents
prior to hearing. For example, Rule 4 describes the record that a party may seek to build during
the proceeding.
2. Rule 4.3. And Rule 4.3 contains timing requirements for submittal of
documents that a party intends to rely upon, as follows:
All forms of written authority including briefs, staff reports, and other memoranda upon
which a party of record will be relying or presenting at the hearing must be submitted in
writing to the examiner' s office, at least 5 days in advance of the scheduled hearing. To
the extent possible, other materials, such as letters, exhibits, scientific or technical data,
must be submitted in writing at least 5 days in advance of the scheduled hearing.
HX Rule 4.3. This rule requires filing and service of documents five days prior to the hearing so
that the other party is not surprised at hearing.
3. Timing Rules for Filing or Service by Mail. Parties are reminded of the three
additional days that must be added to any deadline time period for service and filing by mail as
detailed in HX Rule 1.12. The Hearing Examiner interprets the applicable timing rules to mean
that IF A PARTY INTENDS TO FILE OR SERVE PRE-HEARING DOCUMENTS BY
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 6
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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MAIL, THE FILING AND/OR SERVICE MUST BE POSTMARKED NO LATER THAN
NOVEMBER 6, 2026, prior to the November 17, 2026 hearing, pursuant to HX Rules 1.10, 1.12
and 4.3.
4. Filing May be in Person With the Clerk. Parties are not precluded from filing
documents with the Hearing Examiner by filing in-person with the Clerk, Office of the Hearing
Examiner, in which case the additional three days for filing by mail does not apply. If filed in
person and if feasible, the Hearing Examiner prefers that copies also be scanned and provided to
the Clerk electronically. Documents filed directly with the Clerk must be served simultaneously
on the other parties to the case.
5. Service Required in Addition to Filing. All parties should be mindful that
any document or communication to the Office of Hearing Examiner must be also served
simultaneously upon the opposing party in order for the filing to be considered. In the case of
documents to be served on the County, it is not sufficient to simply file with the Clerk (with the
exception of medical record attachments exempted in the protective order, above). At the time
of filing with the Clerk, a copy-set also must be served upon the Environmental Public
Health Division, by serving its legal counsel Mr. Luther, Deputy Prosecuting Attorney. His
mailing address is: P.O. Box 1220, Port Townsend, WA 98368. Similarly, the Environmental
Public Health Division must serve Appellant Anderson with any documentary pre-hearing
filings at his mailing address, above.
F. STAFF REPORT.
1. General Requirements. The general process for Special Hearings includes
the filing of a staff report:
A report by department staff including introduction of the request, reference to
visual aids, and a summary of the recommendation of the department. . .
HX Rule 5.12. This staff report is also referred to as a “Departmental Report” in HX Rule 4.2.
2. Required Elements. The specific requirements for the departmental staff report
in a Special Hearing are as follows:
i. Summarize the nature of the case before the examiner;
ii. List the provisions of the JCC that have been allegedly violated (if applicable);
iii. State and apply the basic applicable laws, regulations, and policies including
relevant JCC, RCW, WACs, common law, etc.) to the case;
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 7
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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iv. In-depth analysis of the proposal compared to the applicable laws, regulations, and
policies;
v. A summary of the technical data used or relied upon;
vi. Summarize SEPA review and actions ( if applicable);
vii. Include issues of concern expressed by the lead department, including other
reviewing departments;
viii. A summary and consideration of written comments received during comment
period(s), including reference to the whole comments in the record if applicable);
ix. Findings, staff recommendations, and applicable conditions (if applicable);
x. Recommend monetary penalties ( if applicable);
xi. Include all relevant documents in an exhibit list, such as studies, site plans,
photographs, etc. demonstrating compliance or non-compliance with the
applicable laws and regulations; and,
xii. Other material and exhibits deemed pertinent by the department.
HX Rule 4.2(b). The rule requires filing “at least 14 days prior to a . . . Special Hearing.” The
respondent therefore has time prior to the November 17, 2026 hearing to review, and if desired,
make changes to its staff report filed currently as Exhibit 1.
The Hearing Examiner appreciates the detail in the report filed as Exhibit 1 but would
regard favorably a supplemental or replacement report that contains headings for each of the
above elements applicable to Special Hearings. Reorganization of exhibits to conform to these
headings would also be helpful to indicate exhibits that are most relevant to each heading. Not
all exhibits to Exhibit 1 appear to relate directly to the current appeal.
Exhibit 1 currently does not appear to contain a recommendation on monetary penalties,
or an evaluation of what scope of authority the Hearing Examiner has under County code to levy
additional monetary penalties beyond the $1,000 penalty stated in the Notice of Noncompliance
(Exh. 1-AS). A staff recommendation on this point is a required element of the HX Rules.
The Voluntary Compliance Agreement entered at Exhibit 1-Y appears to be incomplete,
missing four pages. The missing pages apparently describe a compliance date. The agreement
includes handwritten notes below the signatures.
3. Possible Replacement Report. In the event the Division elects to file a new
staff report, it should request to withdraw Exhibit 1 and its attached sub-exhibits, in which case
the request is granted and the Clerk is directed hereby to designate the new staff report and
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 8
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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attachments as “Exhibit 3,” with its attachments Exhibit 3-A, 3-B, etc. in sequence. (In the event
a supplemental report is submitted instead of replacing Exhibit 1, the Division should submit
both a clean and a redline version indicating what specific portions of Exhibit 1 have been
modified).
As described above, in order to meet the rule for filing and service of reports five days
prior to the November 17, 2026 hearing (plus an additional three days for service by mail), the
deadline for postmarked service of reports is November 6, 2026. HX Rule 4.2 requires the
Division to file the departmental report 14 days in advance of hearing (Nov. 3). Appellant (or
new counsel) would only have two days to review the report and exhibits prior to the November
6 postmark deadline.
The Examiner therefore requires that the Division file and serve Appellant by mail
with any replacement or supplemental staff report and all attachments/exhibits by 4:00
p.m. Friday, October 23, 2026.
G. BURDEN OF PROOF.
HX Rule 5.14(j)(iv) describes the burden of proof in code enforcement Special Hearings
as follows:
iv. Enforcement Hearings and Appeals (Chapter 8. 90 JCC). The burden of
proof is by a preponderance of the evidence and the burden is on the
department to demonstrate violations of the code provisions.
In this appeal of a Notice of Noncompliance, the burden is on Jefferson County to show that Mr.
Anderson did not comply with the requirements cited in the Notice.3 The staff report is an
opportunity for the County to present the analysis and evidence it believes is specific to meeting
that burden. Mr. Anderson has the opportunity to respond to the evidence and testimony
submitted by the Environmental Public Health Division through pre-hearing filings and
testimony at hearing.
H. INVITATION TO ADDRESS HEARING EXAMINER QUESTIONS.
The parties are invited to file briefs, letters, exhibits, or motions responding to the
3 See also JCC 19.35.050(3.
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 9
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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following list of issues:
1. Is there any dispute over who owns the parcels listed in the above-captioned
matter?
2. Is there any dispute in this case as to proper notice under JCC 19.10.050, JCC ch.
19.25 or JCC ch. 19.40?
3. Does the Notice of Noncompliance include noncompliance related to vehicle
nuisance or public right-of-way nuisance? If so, can those noncompliance issues be reviewed in
an appeal under JCC ch. 19.40? Is this an appeal under both JCC ch. 19.25 and JCC ch. 19.40?
4. Are there any civil violations (excluding nuisance violations) before the Hearing
Examiner in this appeal?
5. Does Jefferson County Public Health have any adopted code compliance rules of
procedure, adopted pursuant to JCC 19.05.020? If so, please file a copy as an exhibit with the
Clerk.
6. Has the Public Health issued a notice on title based on findings of uncorrected
violations under JCC sec 19.10.25(4)?
7. For context only, is Public Health currently pursuing any legal or equitable
remedies in addition to this code enforcement proceedings, as authorized under JCC
19.10.25(8)?
8. What exhibits comprise Notices of Violation, Assessments of Monetary Penalties,
Orders of Abatement, or other instruments issued by Public Health under JCC 19.10.25(2) with
respect to the parcels listed in the above caption? What are the specific facts and/or legal
conclusions that the County maintains in this appeal are unchallenged and serve as the law of the
case by virtue of Appellant having entered into the Voluntary Agreement (Sept. 10, 2025) at
Exhibit 1(Y)?
9. The Examiner would appreciate being informed of which exhibit(s) prove
ownership of the five parcels at issue in this appeal. If an exhibit is not currently on file, the
Examiner requests a current subdivision guarantee or certified recorded last vesting deed for both
addresses (encompassing all parcels listed in the caption above).
Filings are elective; no party is required to file respond to this invitation in Section H.
PREHEARING CONFERENCE ORDER
FILE NO. COM-2009-00191C- 10
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Parties wishing to address the issues listed in this Section H. shall file their writing no later than
4:00 p.m. Monday, October 19, 2026; responses by the opposing party must be filed and served
no later than 4:00 p.m. Monday, October 26, 2026; replies by the originating party must be filed
and served no later than 4:00 p.m. Monday, November 2, 2026.
All other sections in this order providing directives to the parties are mandatory. Parties
seeking changes to this order must do so in a signed letter or motion (not by telephone or email).
SO ORDERED, this 5th day of October, 2026.
_________________________________
Tom Ehrlichman, Hearing Examiner