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HomeMy WebLinkAbout01 0318 91 ORDINANCE NO. 1--O318--91 JEFFERSON COUNTY HEARING EXAMINER ORDINANCE Sections: 1.00 2.00 3.00 4,00 5.00 6.00 7,00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 Purpose Office Established Qualifications Appointment and Term Standards of Conduct Removal of Examiner Procedural Rules Time Computation Applications Fees Planning Department Reports Powers and Duties Reconsideration of Examiner Final Decisions Appeal of Examiner Final Decisions Examiner's Quarterly Report Severability Effective Date Adoption This chapter establishes a system for applying land use regulatory controls in order to satisfy the following basic objectives: To segregate the land use regulatory functions from the land use planning process; To guarantee both due process and the appearance of fairness in land use hearings; and To provide an effective land use regulatory~ system which integrates the public hearing and decision-making processes for land use matters. The office of Jefferson County Hearing Examiner, hereinafter referred to as the Examiner, is hereby created. The role of the Examiner shall be to interpret, review and implement regulations as provided in this ordinance. Unless the context requires otherwise, the term Examiner used in this ordinance shall include Examiners pro tern. The office of the Examiner shall be under the administrative supervision of the Examiner and shall be separate and distinct from the Planning Department. The Examiner shall be appointed solely with regard to his/her qualifications for the duties of the office, and should have such training and experience as will suit him/her to conduct quasi-judicial and administrative hearings on land use regulatory issues. Special consideration should be given to individuals with educational or practical experience in public administration, planning, or law. Persons appointed to this position should have experience in drafting records of decision which incorporate findings of fact and conclusions of taw. Examiners shall hold no other elective or appointive office or position in county government. Section 4.00 _A~o_p~i_nt_.m_e_nt The term of appointment for the Examiner shall be one (1) year following the date of appointment, and two (2) years following each successive reappointment. Examiners pro tern may be appointed for such terms and functions as the Board of County Commissioners deems appropriate, and shall be bound by al/ provisions of this ordinance; ali appointments shall be made by a majority vote of the Board. Section 5.00 Standards of Conduct: The Examiner shall avoid ali appearance of impropriety in his/her official conduct, and shall ensure the appearance of fairness in official matters through adherence to the following provisions: No person shall have an ex parte (one sided) contact with the Examiner or Board regarding any pending matter, and no person, including government officials and employees, shall attempt to interfere with or influence the Examiner or Board outside a public hearing; PROVIDED, that this section shall not prohibit county officials or employees from providing information to the Examiner upon written request when such request, and any information provided, is made part of the written record of decision. No Examiner shall conduct or participate in any hearing, final decision or recommendation in which the Examiner has a direct or indirect business, pecuniary or other interest, or concerning which the Examiner has had any preheating contacts with a party to the matter. Upon appeal or review of an Examiner's final decision, no member of the Board who has had similar contact shall participate in the consideration thereof. Section 6.00 Removal of Examiner: An Examiner may be removed from office at any time by an affirmative vote of a majority of the members of the Board of County Commissioners. Section 7.00 Procedural Rules: The Examiner shall have the power to prescribe rules governing the conduct of hearings and other procedural matters related to the duties of his/her office, sub3ect to confirmation by the Board of County Commissioners. Said rules shall provide that all testimony be audio taped, under oath, and sub3ect to penalties for perjury. Said rules may also provide for cross examination of witnesses. ~gqt_i_.on 8.00 Time Computation: In computing any period of time prescribed by this ordinance, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a County legal holiday., in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or County legal holiday. Section 9.00 Ail applications to be submitted to the Examiner for hearing shall be presented to the Planning Department. The Planning Department shall accept such applications only after applicable filing requirements are met. After determining that the application is within his/her 3urisdictiona! scope, the Examiner shall direct the Planning Department to assign a date for a public hearing, and provide public notice in accordance with the ordinance governing the application. Section 10.00 Fees: Ail applications for Examiner review submitted to the Planning Department shall be accompanied by a fee, as set by the Board of County Commissioners, payable to the Jefferson County Planning Department. ~p._c_~Rq_ ~ I~ ~gO_,~_P_!~_n_~i_n_g_,.~_e_partment Reports: The Planning Department shall coordinate and assemble the reviews of other County departments and government agencies having an interest in the subject application, and shall prepare a written informational report summarizing the factors involved and the Department's findings. At least seven (7) days prior to the scheduled hearing the report shall be filed with the Examiner, and copies thereof shall be mailed to the applicant and made available for public inspection. Copies of Planning Department reports shall be provided to interested parties upon payment of reproduction costs. Section i2.O0 Powers and Duties: The Examiner shall review all applications for conformance with the Jefferson County Comprehensive Plan and/or relevant community development plan, and the provisions of all applicable land use regulations. The Examiner shall receive and examine available information, conduct public hearings, and enter findings of fact and conclusions of law based upon those facts in a record of decision to be rendered within ten (10) days of the conclusion of the hearing. The conclusions of the Examiner shall represent final decisions and recommendations as provided hereinafter: Final Decisions: The decisions of the Examiner shall be final and conclusive on the following matters, unless such determination is appealed to the Board of County Commissioners as provided below: (a) (b) (c) (d) (e) (f) Applications for variances from the standards of the County Development Code; Applications for variances from county setback requirements; Applications for variances from the standards of the County Subdivision Ordinance; Applications for variances from the standards of the County Camper Club Ordinance; Applications for road vacations; Applications for plat alterations and vacations. Recommendations: shall constitute Commissioners: Decisions by the Examiner on the following matters a recommendation to the Board of County (a) (b) (c) (d) (e) (f) (g) (h) Applications for preliminary plat approvals; Applications for preliminary mobile home park approvals; Applications for preliminary approvals of membership camper clubs; Applications for conditional use permits under the County Development Code; Applications for County Development Code map revisions; Applications for current use assessment of open space or timberland; Appeals from decisions of the administrator of the Shoreline Master Program; Appeals from administrative decisions granting or denying certificates of compliance under the County Development Code; and Appeals from preliminary administrative decisions granting or denying short plat approval. Prior to final legislative action on Examiner recommendations, the Board of County Commissioners may informally solicit the advice of the Planning Commission. 5 Jurisdictional Limits: The Examiner shall not review matters requiring policy decisions by the Board of County Commissioners, including, but not limited to: Comprehensive Plan map redesignations, and amendments to the Shoreline Management Master Program. Policy determinations for these and other similar matters are solely within the purview of the Jefferson County Board of Commissioners, following recommendation from the Planning Commission or the Shoreline Management Advisory Commission. Section 13.00 Reconsideration of Examiner Final Any aggrieved party or agency (including the Planning Commission) that believes the final decision of the Examiner is unsound based upon errors in procedure, law, interpretation of adopted policy, fact, judgment, or the discovery of new factual evidence which, by due diligence, could not have been found prior to the Examiner hearing, may make a written request for reconsideration by the Examiner within fourteen (14) days of the filing of the written record of decision. The request for reconsideration shall be submitted to the Planning Department on forms provided by the Planning Department. Reconsideration of the decision is wholly within the discretion of the Examiner; if the Examiner chooses to reconsider, he/she may revise the decision as he/she deems appropriate, and may issue a revised record of decision. A request for reconsideration is not a prerequisite to an appeal. _S_e~_ip~n__!~.~O_O_ A/2peal of Examiner Final Decisions: Final decisions of the Examiner may be appealed to the Board of County Commissioners by any aggrieved party or agency (including the Planning Commission). Appeals must be made within fourteen (14) days of the date of the Examiner's decision, or decision after reconsideration, in the following manner: The appellant must file a written notice of appeal with the Planning Department containing: (a) A concise statement of the error or issue the Board of County Commissioners is asked to consider on appeal; i.e. error in procedure, /aw, interpretation of adopted policy, fact, judgment, or discovery of new factual evidence which~ by due diligence, could not have been found prior to the Examiner hearing, etc; (c) (d) (e) A statement containing specific references to portions of the written record of decision alleged to be in error, and an explanation of those provisions of law alleged to have been violated; A statement of the relief sought, such as a reversal of the decision or modification of conditions; The signature, mailing address and telephone number of the appellant or his/her representative; An appeal fee as set by the Board of County Commissioners. The notice of appeal shall be accompanied by a written memorandum detailing the a~guments the appellant may wish considered by the Board of County Commissioners. The memorandum shall be based solely upon facts presented to the Examiner at the hearing, PROVIDED, the memorandum may contain new factual evidence, which, by due diligence, could not have been found prior to the Examiner hearing. The Planning Department shall notify the parties of record by mail that an appeal has been filed and that copies of the appellant's notice of appeal and memorandum may be obtained from the Planning Department. The parties of record shall also be informed that if they wish to respond to appellant's memorandum, they may submit a written memorandum to the Board of County Commissioners within fourteen (14) days from the date that notice to parties of record is mailed by the Planning Department. Requests for extensions of time for filing memorandums, may be submitted by any party of record, prior to the date the memorandum would otherwise be due. A party may be granted only one (1) extension, not to exceed ten (10) days; extension notices shall be provided by mail to all parties of record. Within fourteen (14) days of receipt of the notice of appeal (excluding time allowed for extensions)~, the Board of County Commissioners shall hold a public hearing at which time they shall examine the written appeal, take any public testimony pertaining to the issues on appeal, and select one of the following courses of action: (a) (b) After examining the notice of appeal and accompanying memorandums, the Board of County Commissioners may deny the request and adopt the Examiner's decision; Remand the matter for reconsideration by the Examiner pursuant to Section 13.00 above; (c) OR Amend and adopt, reject, reverse, or amend and reverse the findings, conclusions and decisions of the Examiner. If the Board of County Commissioners renders a decision at variance with that of the Examiner, the Board shall adopt amended findings of fact and conclusions of law, from the record, supportive of its decision. They may also choose to adopt all or any portion of the Examiner's findings and conclusions. The Examiner shall report quarterly in writing to the Planning Commission and Board of County Commissioners. Each quarterly report shall include a brief summary of the Examiner's decisions since the last quarterly report and any recommendations the Examiner may have for improving the county's land use policies or regulatory framework. Section 16.00 Severabilit¥: if any section, subsection, or other portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, or portion shall be deemed a separate portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance. This ordinance shall become effective on the l§th of May, 1991. 8 Section 18.00 Adoption: Adopted by the Jefferson County Board of Commissioners th~s 18th day of March, 1991:,,, A~T. ES¢:, :, , , Lorna L. Deianey, Clerk of d the Board BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON ~a~r ~.~ e nh-iS o n~ Chairman 9 JEFFERSON COUNTY COURTIIOUSE JEFFERSON COUNTY PLANNING AND BUILDING DEPARTMENT P.O. Box 1220 t'ort Townsend, Washington 98368 Planning (206) 385-9140 Building (206) 385-9141 Craig Ward, I)ire(,l,or JEFFERSON COUNTY BOARD OF COMMISSIONERS Agenda Item February 3, 1992 DESCRI Procedural rule.' to complement Jefferson County Ordinance Number 1-0318- 91 Procedural rules are intended to govern conducting hearings and other matters of ~ ISSUES: None. ACTION: Action requested is Board's approval by motion of Procedural Rules. Rules also include forms which can be employed by applicants in carrying out procedural rules. The Planning and Building Department recommends approval. The Department is drafting a summary of the major elements of the rules as a handout for applicants. HEARING EXAMINER RULES OF PROCEDURE II. PURPOSE The purpose of these Rules is to avoid delay in the proceedings before the Hearing Examiner and to ensure that the hearing process is fair to all participants. GENERAL MATTERS A. CALCULATION OF TIME "Day" as used in these Rules means a calendar day. A time period expressed in these Rules is computed by excluding the first day and including the last. For example, if a decision is made on the first day of a month and there is a fourteen-day period to appeal the decision, the appeal period starts on the second day of the month and ends on the 15th day of the month. An act required to be done on a day certain must be done by 5:00 PM of that day. If the last day to take an action is a Saturday, Sunday, or legal holiday or other day County offices are closed, the last day to take the action shall be on the next day that County offices are open for regular business. EX PARTE CONTRACTS 1. For purposes of these Rules, "ex parte communication" means a written or oral communication made outside of a public hearing and not included in the public record. 2. No interested person (nor his agent, employee or representative) shall communicate ex parte directly or indirectly with the hearing examiner or his or her immediate staff concerning the merits or facts of any matter that is being heard or will be heard before the hearing examiner, or any factually related matter. This Rule shall not prohibit ex parte communication about procedures. 3. Neither the hearing examiner nor any member of his or her immediate staff shall communicate ex parte directly or indirectly with any interested person (nor his agent, employee or representative) about any matters related to a hearing or pending hearing except those related to procedures. If a substantial, prohibited, ex parte communication is made to or by the hearing examiner or his or her immediate staff, such communication shall be publicly disclosed at the next following public hearing or meeting regarding the application about which the communication was made. If there is no further hearing or meeting, disclosure shall be made in writing to all parties of record within fourteen days of the improper communication. C, DISQUALIFICATION OF HEARING EXAMINER The hearing examiner may not participate in any hearing in which he or she or any person with whom he or she has a close personal or professional relationship, has a direct or substantial financial interest, or in which he or she may be significantly affected by any other personal bias or prejudice. The hearing examiner shall be disqualified for conflict of interest, personal bias, or prejudice by an order of disqualification entered by the hearing examiner. III. The hearing examiner may enter an order of disqualification on his or her own motion. A party may file an affidavit (a statement in writing and under oath) stating facts supporting the belief that such party cannot have a fair and impartial hearing by reason of the personal bias or prejudice of the Examiner. The affidavit shall be filed at least fourteen days before the hearing unless good cause is shown why it is not possible to do so. In any case, the affidavit must be filed before the hearing examiner makes any discretionary ruling. The hearing examiner shall rule on the affidavit prior to making any other ruling and prior to the hearing. Notwithstanding the appearance of any conflict of interest, personal bias or prejudice, the hearing examiner may, at his or her discretion, hear a matter upon full disclosure of any potential or existing conflict, personal bias, or prejudice and with the written consent of all parties to any proceedings related to the matter. MAKING APPLICATIONS All zoning and subdivision applications must be made with the Planning Department. No application may be scheduled for a hearing or forwarded to the hearing ffxaminer unless it is certified by the Planning Department in writing as being complete. Except as stated in these Rules, the Planning Department may not certify an application as being complete unless it contains all of the following: A completed general zoning application signed by all of the owners of the property that is the subject of the application, or his, her, or their authorized agent or agents. If the application is signed by an agent rather that the property owners, the application must include a written notarized statement signed by the owners authorizing the agent to make the application and act on the behalf of the owner or owners. If the agent is making the application or acting on behalf of more than one owner, the statement of authorization must include the signatures of all owners. A completed supplemental application answering all of the questions to the satisfaction of the Planning Department. A legible site plan, drawn to scale, showing all information determined by the Planning and Building Department and other County departments to be necessary. 4. The required SEPA documents. 5. Such other information as the Planning Department believes is necessary. The hearing examiner, or the Planning Department after consultation with the hearing examiner, may waive, at the written request of the applicant, any of these requirements if the hearing examiner or Planning Department believes they will be fully satisfied prior to the hearing, or that fulfilling them is not necessary to a full and fair hearing, and that no party will be injured or prejudiced by doing so. All requests to waive a requirement must state the reason for the request and must address these criteria. The decision to waive a requirement must be in writing and signed. The hearing examiner may return an application certified as complete to the Planning Department or the applicant, if the hearing examiner determines more information is necessary. The determination of the hearing examiner must be in writing and identify specifically the additional information that is necessary. If an application is returned by the hearing examiner because it is incomplete, it must be recertified as being complete. All time requirements shall be based on the date of recertification. 2 IV. SCHEDULING OF HEARINGS A. HEARING DAYS AND TIMES Hearings will be held by the hearing examiner the first Tuesday of every month starting at 11:00 AM and the third Monday of every month starting at 7:00 PM. In keeping with the desire to expedite hearings, hearing days, at the discretion of the Planning Department in consultation with the hearing examiner, may be added and hearings may be scheduled to start earlier than the times indicated. B. SCHEDULING RESPONSIBILITY All hearings shall be scheduled by the Planning Department. They shall be scheduled for a time certain. The time accorded each hearing shall be based on the Planning Department's best estimate of the time required to conduct the hearing. Applicants may request specific dates and times for hearings, and, to the extent practicable, the Planning Department will accommodate such requests, considering legal requirements, the estimated time required for the Planning Department to prepare its report on the application, the estimated time required to conduct the hearing, and possible prejudice and inconvenience to other parties interested in the application or to other applicants. HEARING AGENDAS The Planning Department shall prepare an agenda for each hearing day listing all of the items to be heard that day. For each item, the agenda should include a file number, the time and place of the hearing, a brief description of the proposed action, and a description of the property subject to the action. The Planning Department shall distribute copies of the agenda to interested County departments and other parties requesting them. The Planning Department may charge a subscription fee to parties requesting agendas on a regular basis. A copy of the agenda shall be posted in at least one conspicuous public place at least seven (7) days before the hearing. NOTICES A. NOTICE RESPONSIBILITY 1. Mailed Notices The Planning Department shall mail written notices of all proposed hearings to all people entitled by applicable ordinances to receive them. The Planning Department shall make a notarized affidavit of mailing notices a part of the record of the hearing, stating the date the notices were mailed and location. Posted Notices The applicant shall post at least one notice for every 150 feet of street frontage (or portion thereof) along all property lines fronting a public street or road. The Planning Department may provide the notice or require the applicant to provide it. If it is provided by the Planning Department, the Planning Department may require the applicant to pay the cost of producing or printing it. The applicant shall submit a notarized affidavit to the Planning Department stating the name of the person posting the property, the date and time of posting, and the approximate location of the posting at least seven (7) days prior to the date scheduled for the hearing. Failure of an applicant to post notice of a hearing as required by these Rules or submit an affidavit of posting within the time required by the applicable ordinances or these Rules may result in the postponement or dismissal of an application. Submitting a false affidavit of posting shall result in the dismissal of an application. If it is necessary to 3 Bo Co postpone or reschedule a hearing because of the applicant's failure to properly post notices, the applicant shall be responsible for paying the cost of distributing new notices or other costs associated with scheduling a new hearing. o Newspaper Notices Newspaper notices shall be given for all hearings for which published notice is required by applicable Jefferson County Ordinances. The Planning Department may charge the cost of publishing the newspaper notice to the applicant. CONTENT OF NOTICES 1. Written and Published Notices Written and published notices shall contain the following information: the date, time and place of the hearing; a description of the location of the property; a description of the proposed action; a statement that any person may appear or be heard and that written comments will be accepted and made part of the record; a statement that testimony will be taken on environmental issues and any environmental documents related to the proposed action; a statement that the hearing will be held pursuant to the rules of procedure of the hearing examiner; and the name, address and office telephone number of the person within the Planning Department or other county department from whom additional information may be obtained. 2. Posted Notices Posted notices shall contain the following information: the date, time and place of the hearing; the type of hearing (e.g. conditional use, variance, etc.) a brief description of the proposal; a description of the location of the property;. the name, address, and telephone number of the person within the Planning Department or other county department from whom additional information may be obtained. PEOPLE ENTITLED TO RECEIVE NOTICE 1. Property Owners All owners of record as shown on County Assessor records of property within 300 feet (not including rights-of-way) of the property that is the subject of an application are entitled to mailed notices. 2. People Making Written Requests Any person may make a written request to receive notice of a hearing. The Planning Department may charge the person making such a request the cost of reproducing and mailing the notices. 3. Community and Neighborhood Groups To the extent possible, the Planning Department shall provide to chairpersons or coordinators of community development neighborhood groups and other neighborhood groups recognized by the Board of County Commissioners VI. written notices of proposals within or reasonably near the boundaries of the neighborhood group. It shall be the responsibility of a neighborhood group wishing to receive such notice to provide the Planning Department with the names and current mailing addresses of the chairperson or coordinator or other person it wishes to receive notices on its behalf. 4. Government Agencies The Planning Department shall mail or otherwise forward notices of hearings to all government agencies that have requested such notices, that have jurisdiction over a portion of an application, or that, in the opinion of the Planning Department, have an interest in or may be affected by an application. Notices given to such agencies shall include a request and space for comments and shall state the latest date that comments will be accepted and made part of the record. D. EFFECT OF FAILURE TO RECEIVE NOTICE The failure of any person to receive notice shall not deprive the hearing examiner of the jurisdiction to hear and decide a matter; however, the hearing examiner shall take all reasonable measures possible to allow all interested parties an opportunity to testify or submit written comments or evidence. To this end, the hearing examiner may reschedule a hearing or keep the record open on a hearing. If the failure to receive notice is the result of the failure of the Planning Department or an applicant to follow the rules and regulations for giving notice prescribed by the County ordinances or these Rules, the hearing examiner shall either reschedule a hearing or keep the record open. E. NOTICE OF ADMINISTRATIVE APPEALS Notices of hearing of administrative appeals need to be given to only the parties to the appeal (the appellant, the administrator whose decision is being appealed, and the applicant, if different than the appellant). They shall state the date, time, and place of the hearing and identify the nature of the appeal. CONDUCT OF HEARINGS A. SEQUENCE OF HEARINGS Generally, testimony will proceed in the following sequence: 2. 3. 4. 5. 6. 7. 8. 9. A brief statement by the hearing examiner; Planning Department report; Reports of other County departments; Testimony by applicant and applicant's representatives; Testimony by other parties in favor of the request; Testimony by parties opposed to the request; Rebuttal by applicant; Surrebuttal by opposition; A summary by the hearing examiner of appeal process and other procedural matters. The hearing examiner may waive the oral report by the Planning Department and other County departments provided the written report has been made part of the record and there is no objection to doing so by the applicant or other parties present at the hearing. The hearing examiner may limit or eliminate the opportunity for rebuttal or surrebuttal, if it appears that it is not necessary for a full understanding of the issues. The hearing examiner may question any person testifying at any time during the proceeding. Bo Co Do PLANNING DEPARTMENT RESPONSIBILITY 1. General The Planning Department shall attend all hearings on zoning applications. It is responsible for gathering relevant data regarding an application and obtaining comments from other County departments. At least seven {7) days prior to the date scheduled for the hearing on the application, the Planning Department shall present a written report and recommendation to the hearing examiner. It shall present an oral summary of its report and recommendation at the hearing unless waived by the hearing examiner. The Planning Department shall answer questions asked by the hearing examiner about the application and its report. 2. Report Content The Planning Department report shall include all of the following: go A description of the proposed action; The location of the property; The Comprehensive Plan designation and zoning of the property; A description of the property and surrounding area; A statement of the applicable zoning or other ordinance criteria (reference to ordinance section is sufficient); Findings and Conclusions relating the proposed use to the applicable criteria; A recommendation; Conditions, if the recommendation is for approval. 3. Hearing Record The Planning Department shall record on audio tape proceedings of all hearings held by the hearing examiner. RESPONSIBILITY OF OTHER COUNTY DEPARTMENTS County departments other than the Planning Department shall be responsible for making comments on applications in their areas of expertise or responsibility. Said departments shall forward their comments to the Planning Department for incorporation into its report to the hearing examiner. The comments of other County departments shall be supported by reference to relevant facts and local, State, and Federal ordinances, codes, rules and regulations. Representatives of said departments shall attend hearings when requested to do so by the hearing examiner, when requesting an applicant to make improvements not specifically required by law, and whenever the departments believe it is appropriate to do so. TESTIMONY 1. Who May Testify Any person or organization wishing to give testimony regarding an application may do so, subject to these Rules. An organization, association, or group representing a common interest may be requested to designate a spokesperson. The hearing examiner may designate one during the hearing. Any person or organization may, but need not, be represented by an attorney or other agent. If an applicant intends to be represented by an attorney or other agent, he or she must submit a signed and notarized letter of authorization to the hearing examiner and must give written notice to any known opponents at least three (3) days prior to the hearing. If an opponent 6 intends to be represented by an attorney or other agent, he or she must submit a signed and notarized letter of authorization to the hearing examiner and must give written notice to the applicant or applicant's agent at least three (3) days prior to the hearing. Failure of the applicant or an opponent to provide the required authorization or notice may result in the attorney or agent for that party being denied the opportunity to participate in the hearing. Oath and Affirmation The hearing examiner may require parties to testify under oath or affirmation when it appears that doing so will be useful in determining the relevant facts of the case, when it appears that conflicting testimony is likely (based, for example, on written correspondence submitted to the record prior to a hearing), when the credibility of a party is questioned, or when the hearing examiner is requested by a party to a hearing to require testimony to be given under oath. Cross Examination The hearing examiner may, and generally will, allow cross examination of witnesses. The hearing examiner shall allow the cross examination of expert witnesses and County department staff representatives regarding factual assertions and opinions. The hearing examiner may require all cross examination questions be directed to a witness through the hearing examiner. In no case shall cross examination be used to make personal attacks upon a witness or other party or for the mere purpose of making a philosophical statement or argument. Expert Testimony Any party or organization may have an expert testify on its behalf. If an applicant intends to introduce expert testimony into the record he or she must give written notice to the hearing examiner and all known opponents at least three (3) days prior to the hearing. If an opponent intends to introduce expert testimony into the record he or she must give written notice to the hearing examiner and applicant or the applicant's agent at least three (3) days prior to the hearing. If the hearing examiner determines that expert testimony is needed on an application, he or she may call for such testimony and charge all costs related to obtaining such expert testimony to the applicant. The hearing examiner shall accord such weight to expert testimony as he or she deems appropriate considering the education, experience, and biases of the expert giving the testimony and such other testimony and evidence that may be part of the record on the application. Expert opinion without supporting factual testimony or evidence shall not be considered evidence and may not be considered in making a decision or recommendation. The hearing examiner shall allow cross examination of all persons offered or holding themselves out as experts, subject to these Rules. Limitations on Testimony The hearing examiner may limit the time to testify allowed an individual or organization and the total time allowed on each side of an application. In determining how much time to allow, the hearing examiner shall consider the complexity of the issues involved, the number of people who intend to testify, whether parties are represented by an agent or spokesperson, and other factors. 7 Eo Fo WRITTEN AND DOCUMENTARY EVIDENCE Requirements Any person may submit written or documentary evidence on an application (not including an administrative appeal) provided it is legible. In the case of administrative appeals, the hearing examiner may limit who may submit such evidence to parties of record. In all cases the hearing examiner may require the person seeking to submit written or documentary evidence to affirm and demonstrate its truthfulness and accuracy. Viewing Any person may view any written or documentary evidence submitted on an application during regular working hours. An appointment may be required to view evidence. No evidence may be taken out of the office in which it is located, except by an employee of the office or except under conditions prescribed by the office. Copies To the extent it is practicable to do so, copies of documentary evidence will be made available to anyone requesting them, for the cost of reproducing them. A notice of 24 to 48 hours may be required if copies of a substantial amount of evidence are requested. SITE INSPECTIONS BY HEARING EXAMINER The hearing examiner may, but is not required to, make site inspections. The hearing examiner need not give notice of his or her intention to make a site inspection. The site inspection may occur prior or subsequent to a hearing. A site inspection and the information obtained from it shall not be considered to be new evidence or evidence outside of the record; however, if a site inspection made subsequent to a hearing reveals unexpected information, the hearing examiner may reopen the record to request written responses or reconvene the hearing. In either case, all parties of record shall be notified of the hearing examiner's decision to reopen the record. Generally, the hearing examiner shall make site inspections unaccompanied. However, the hearing examiner may allow or request a representative of the Planning Department or a party to accompany him or her at a site inspection. If the hearing examiner is accompanied at a site inspection, the decision or recommendation shall note who accompanied him or her. If the hearing examiner allows any party (not including a representative of the Planning Department) to accompany him or her, the hearing examiner must allow all parties to accompany him or her. Whenever possible, the hearing examiner shall, in such cases, schedule a site inspection when all interested parties are able to attend. NOTICE OF FACTS BY THE HEARING EXAMINER The hearing examiner may take notice of facts that are generally accepted as being within common knowledge or that are within the areas of the hearing examiner's expertise. The hearing examiner shall specifically identify the facts of which he or she has taken notice, unless it is reasonably obvious from the text of the hearing examiner's written decision. 8 Ho ADMINISTRATIVE APPEALS Who May Appeal Only those people who are specifically granted the right to appeal an administrative decision by the applicable Jefferson County Ordinances and those people who demonstrate to the satisfaction of the hearing examiner that they have an identifiable interest that will or could be injured by the decision may appeal an administrative decision or in any way participate in such an appeal. If a person is seeking to appeal a decision based on some injury to an identifiable interest, he or she must demonstrate to the satisfaction of the hearing examiner that the interest is specific to him or her, as opposed to being an interest shared by the general public, or that the injury to him or her will be of a greater magnitude than the injury to the general public. The administrator whose decision is being appealed may always participate in an appeal as a respondent. The administrator shall be bound by the same rules as other parties to an appeal. Limits on Testimony and Submission of Evidence Appeals of decisions for which notice was given shall be limited to the record and no new testimony or evidence will be allowed or taken or accepted. Appeals of decisions on all other applications may be limited to the record by the hearing examiner. In determining whether to limit such appeals to the record, the hearing examiner may consider whether the person seeking to give new testimony or enter new evidence knew or should have known of the application and was given fair and reasonable opportunity to comment on it prior to the decision and the probative value of the testimony or evidence the person is seeking to give or enter. In all cases, any oral arguments stating why the decision is or is not supported by the record may be submitted or made, so long as they do not contain new facts or evidence. The hearing examiner may limit the length of the memoranda and the time allowed for oral argument. 3. Sequence of Hearing Generally, appeal hearings will proceed in the following sequence: a. Argument (and, if permitted, testimony) by the appellant and people who support the appeal; b. Argument (and, if permitted, testimony) by the people opposed to the appeal; c. Rebuttal and surrebuttal, if parties reserve time and the hearing examiner believes it will be beneficial. This sequence may be changed by the hearing examiner at the request of either the appellant or respondent of if the hearing examiner believes the appeal hearing will be expedited by doing so. The hearing examiner may ask questions of any one at any time. CONTINUATION OR REOPENING OF A HEARING 1. Cause Prior to issuing a decision on an application or administrative appeal, the hearing examiner may continue or reopen a hearing for good cause upon his or her motion or at the request of a party of record. Unless the decision is made at the hearing, it shall be in writing. VII. Notification If the hearing examiner determines at a hearing that there is good cause to continue the hearing and specifies the date, time, and place, no further notice is required. If the determination to reopen is made after the conclusion of a hearing, notice of the further hearing shall be given as if that hearing were a first hearing. DECISIONS TIMING Unless the applicant agrees otherwise (or in the case of an appeal, the applicant and the appellant if they are different), the hearing examiner shall issue a written decision on an application (or appeal) no later than 14 days following the date the record is closed. Bo BURDEN OF PROOF The applicant or proponent of an application and the appellant of an administrative decision shall have the burden of proof. An applicant must demonstrate that a proposal complies with all applicable criteria. An appellant must demonstrate that an administrative decision on a zoning or subdivision application is arbitrary and capricious and that a decision regarding SEPA documents and rulings is clearly erroneous. ZONING APPLICATIONS 1. Status of Planning Department Report and Recommendation As a general rule, the hearing examiner shall accord substantial weight to the report and recommendation of the Planning Department; however, the hearing examiner is not required to accept or adopt all or any part of the findings, conclusions, or recommendations of the Planning Department. Those findings, conclusions, and recommendations the hearing examiner does choose to adopt may be incorporated by reference into the decision of the hearing examiner. If the hearing examiner chooses to not adopt the findings, conclusions, or recommendations of the Planning Department, he or she should state why. Content of Decisions and Recommendations Decisions and Recommendations of the hearing examiner shall include at least the following: a. A description of the proposed use or action; b. The location of the property; c. A statement regarding the status of SEPA review of the proposed actions; d. The date, time, and place of the hearing(s); e. A list of persons who testified and a summary of their testimony; f. A list of exhibits, or a summary of such list; g. A statement identifying the ordinance or criteria governing the application; h. Findings of fact and conclusions relating the proposed use to the ordinance or criteria governing the application; and i. The decision denying or approving the application and any conditions, if applicable. j. In the case of administrative appeals, the decision shall also contain a summary of the arguments presented. 10 3. Conditions of Approval a. The hearing examiner may impose such conditions of approval on an application as he or she believes are necessary to ensure compliance with the applicable Jefferson County Ordinances, the Comprehensive Plan, and other local, State, and Federal laws, rules, and regulations and to ensure protection of the public health, safety, and welfare. b. The hearing examiner may require the owner of the property that is the subject of an application approval to record all conditions imposed on the approval as a covenant touching and affecting the land. 4. Notice and Distribution of Decision All parties of record shall be given notice of a decision of the hearing examiner. The applicant and his or her agents shall be given full copies of the decision. All other people may obtain full copies for the cost of reproduction. Both the notice and copy of the decision shall include the date of the decision and the last day to appeal and a statement where appeals may be filed. 5. Modification of Decisions a. All decisions of the hearing examiner may be modified by the Director of the Planning Department without a public hearing if, but only if, all of the following criteria are met: 1. The use will remain the same; 2. The total area coVered by buildings will not increase by more than five percent; 3. The total site coverage (buildings and all impervious surfaces) will not increase by more than ten percent; 4. The use will continue to comply with all conditions of approval imposed by the decision allowing the use; and 5. The use will comply with all of the requirements of the applicable Jefferson County Ordinances applicable to it and the property on which it is located. b. Proposed modifications not meeting the criteria in Paragraph "a" may be approve only after a full public hearing for which public notice complying with these Rules and the applicable Jefferson County Ordinances has been given. The hearing examiner may approve such modifications only if the applicant or proponent of the modification demonstrates to the satisfaction of the hearing examiner that it complies with all of the criteria applicable to the original permit. If the permit criteria at the time of the modification request are different from the original criteria, the modification shall comply with them rather than the original criteria. HEARING EXAMINER DECISIONS ON ADMINISTRATIVE APPEALS 1. The hearing examiner may affirm, remand, or reverse and administrative decision. The hearing examiner shall affirm the decision unless the appellant demonstrates to the hearing examiner that is should be reversed or remanded. 2. The hearing examiner may remand a decision only if: a. A procedural error substantially affecting the rights of an individual was made; or b. An appellant is seeking to enter information that was not previously available for reasons beyond the control of the appellant and such information is more likely than not to affect the outcome of the decision; or 11 Eo c. The decision needs clarification; or d. It is the decision of the hearing examiner to uphold the appeal (or reverse the administrative decision) and further action by the administrator is required. If it is the decision of the hearing examiner to remand an administrative decision, the hearing examiner shall issue a remand order stating the reason for the remand and directing what action is to be taken by the administrator. The hearing examiner may, upon his own motion or at the written request of an appellant or respondent, review the action taken by the administrator pursuant to the remand order and any decision resulting from such action. Such a review shall be considered to be a continuation of the appeal and shall be similarly subject to these Rules and the applicable Jefferson County Ordinances, except that no further fees will be required. The hearing examiner may reverse a decision only if the decision: a. Is arbitrary and capricious if it is a zoning or subdivision decision or clearly erroneous if it is a SEPA decision; or b. Contains an error of law or fact that, if corrected, would change the outcome. If the hearing examiner reverses a decision, he or she shall set forth in writing the specific reasons for the reversal and findings and conclusions to support the decision to reverse. RECONSIDERATION The applicant, an opponent of record, or a County department may petition the hearing examiner to reconsider his or her decision. The petition shall be in a form prescribed by the hearing examiner and shall fully set forth the basis for the request and the changes to the original decision being sought. It must be filed within the time provided by the applicable Jefferson County Ordinances to file an appeal. The hearing examiner may approve the petition to reconsider his or her decision, if, but only if, the proponent of the request demonstrates to the satisfaction of the hearing examiner that: An error of fact, law, or procedure more likely than not to affect the outcome of the decision was made; or The petitioner is seeking to enter information that is more likely than not to affect the outcome of the decision and that was not previously available for reasons beyond the control of the petitioner. If the hearing examiner denies the petition, the hearing examiner shall so notify the petitioner. If the hearing examiner approves the petition, the hearing examiner shall give all parties of record written notice of the approval and reasonable opportunity to submit arguments and information regarding the petition or to request a hearing on the petition. If a hearing is requested by any party, the hearing examiner shall grant such request; schedule the hearing no earlier than two weeks and no later than four weeks of the date of the request; and give all parties of record notice of the date, time and place of the hearing. The hearing examiner may either leave the original decision unchanged or change it as requested by the petition. The decision of the hearing examiner to deny or approve the petition for reconsideration is not appealable. 12 o Filing a petition for reconsideration affects the appeal period on the original decision as follows: ao bo c° If the petition is denied, the time from the date the petition is filed to the date the denial is issued shall not be counted in the fourteen days given by the applicable Jefferson County Ordinances to file an appeal and the number of days left to file an appeal shall be the number of days that were left when the Request for Reconsideration was filed. If the petition is filed on the last day to file and appeal, one full working following the day the denial is issued shall remain to file an appeal. If the petition is approved, and, upon reconsideration, the original decision is unchanged, the time from the date the petition if filed to the date the written decision following the reconsideration is issued shall not be counted in the fourteen days given by the applicable Jefferson County Ordinances to file an appeal and the number of days left to file an appeal shall be the number of days that were left when the Request for Reconsideration was filed. If the petition is filed on the last day to file an appeal, one full working day following the day the decision is issued shall remain to file an appeal. If the petition is approved, and, upon reconsideration, the original decision is changed, the appeal period shall start over from the date of the changed decision. The hearing examiner may at any time dismiss a petition for reconsideration, if it is incomplete or all required information is not provided or, if the hearing examiner believes it was filed primarily to secure a delay. VIII. RETENTION OF RECORD IX. RESPONSIBILITY OF HEARING EXAMINER It shall be the responsibility of the Planning Department to retain the records of all hearings in accordance with the requirements of RCW 40.14 and the records retention program of Jefferson County, VIEWING OF RECORD BY PUBLIC Records of hearings retained by the Planning Department may be viewed by the public during regular office hours. An appointment may be required to view them. APPEALS OF HEARING EXAMINER DECISIONS A. TIME OF FILING All appeals of the hearing examiner must be filed no later than the end of the working day of the fourteenth day following the date of the written decision unless an extension of time is granted by the Board of County Commissioners, B. PLACE OF FILING Appeals of decisions of the hearing examiner to the Board of County Commissioners shall be filed with the Planning Department on a form or forms provided by it. APPEAL AND TRANSCRIPT FEES The hearing examiner will not commence processing an appeal or preparing the record or transcript of a hearing until all appeal and transcript deposit fees are paid. Nor will the hearing examiner forward an appeal or the record or transcript of a hearing to the Board of County Commissioners until the final transcript fee is paid. 13 Do Appeal fees shall be as established by the Board of County Commissioners and set forth in ordinance or resolution form and shall be paid to the Planning Department. The minimum transcript deposit fee in all cases shall be seventy-five dollars ($75.00). The final transcript fee shall be based on the cost of preparing the transcript including the cost of reviewing the transcript by the hearing examiner. The Board of County Commissioners may waive all or a portion of an appeal fee or a transcript fee if it appears that its payment would cause a substantial financial hardship. The burden shall be upon the appellant to demonstrate that such a hardship would be caused. NOTICE OF APPEALS Notice of appeal hearings shall be given to all parties of record by the Planning Department. The notice shall include the date, time, and place of the appeal hearing and a summary of the rules governing the appeal, including the last dates to file any supplemental memoranda, time limits on oral arguments, a statement that no new information or evidence may be included in with the supplemental memoranda or the oral arguments, and a statement regarding outside communication with the Board of County Commissioners regarding the appeal. The notice shall also include a statement that the appeal packet and all supplemental memoranda may be viewed in the Office of the Board of County Commissioners during regular working hours. DISTRIBUTION OF APPEAL PACKETS An appeal packet consists of the following: bo A copy of the appeal and supplemental memoranda filed by either the appellant or the respondent as of the date of the distribution of the appeal packet; A copy of the hearing examiner's decision; Copies of all reasonably reproducible written and documentary evidence constituting the record of the hearing; and A verbatim transcript of the hearing. Appeal packets shall be distributed by the Planning and Building Department to the following: One copy to each Board of County Commissioners member; One copy to the Office of the County Clerk; One copy to the Planning Department; One copy to the office of the Prosecuting Attorney; One copy to the appellant; One copy to the applicant, if different from the appellant; and For the cost of reproduction, or free of charge at the discretion of the Planning Department, one copy to the respondent. Additional copies of the appeal packet will be provided for the cost of reproduction to those parties requesting them. Non-reproducible evidence shall be placed in the office of the County Clerk and may be viewed during regular business hours. The appeal packets shall identify what evidence has not been reproduced and state that it may be viewed in the office of the County Clerk. HEARING EXAMINER RESPONSE TO APPEALS The hearing examiner shall not respond to an appeal unless requested to do so by the Board of County Commissioners. The hearing examiner may respond to any questions of the Board of County Commissioners, but should make every effort to limit responses in a way that explains, rather than defends, the hearing examiner's decision. 14 Xo Xl. XlI. MEDIATION OF DISPUTES Do Following a hearing, the hearing examiner may, upon his own motion or at the request of an applicant or a party of record, initiate a proceeding to mediate disputes between the applicant and project opponents. All parties of record shall be given notice of and the opportunity to participate in the mediation of proceedings. The proceedings may be presided over by the hearing examiner or any person agreed upon by the parties to the proceeding. Following the conclusion of the mediation proceedings, the hearing examiner shall issue a decision incorporating any agreement reached by the parties, if an agreement is reached, or, if no agreement is reached, the hearing examiner shall issue a decision based on solely the record prior to the mediation proceedings. The parties to a mediation proceeding may not agree (nor agree to allow) an illegal use of property or any illegal act. The parties to a mediation agreement shall forego any right they may have to appeal the decision of the hearing examiner so long as it accurately incorporates or reflects the agreement. DISMISSAL OF APPLICATIONS A° WITH DRAWAL The hearing examiner may dismiss any application withdrawn by an applicant. Such a dismissal shall be without prejudice, unless opponents to the application clearly demonstrate to the satisfaction of the hearing examiner that they will be directly and substantially harmed if not dismissed with prejudice. FAILURE OF APPLICANTS TO ATTEND HEARINGS OR PROVIDE REQUESTED INFORMATION The hearing examiner may dismiss any application with or without prejudice, if the applicant or his or her authorized representative fails to attend all hearings on the application, fails to provide requested documents and evidence, or fails to answer questions of the hearing examiner. MOTIONS AND ORDERS A° Any person may request the hearing examiner to dismiss an application, dismiss a party to a proceeding, strike evidence or testimony from a record, compel evidence or testimony, continue or reopen a hearing, disqualify him or herself from hearing or deciding on an application, or take any other procedural action. B° Unless such a request is made at a public hearing, it shall be made in writing. Whether made at a public hearing or in writing, the request shall specifically identify the action sought and the reasons it is being sought. Requests shall be made according to the following schedule unless otherwise permitted by the hearing examiner: Requests for the hearing examiner to disqualify him or herself: at least fourteen days before the date of the hearing, unless good cause is shown, and, in any case, before the hearing examiner makes any discretionary ruling. 15 Eo 2. Requests to dismiss an application, or dismiss a party to a proceeding: at least seven days before the hearing on the application or proceeding. 3. Requests to strike or compel evidence or testimony or to continue a hearing: before the close of the hearing. 4. Requests to continue a hearing: before the close of the hearing. 5. Requests to reopen a hearing: prior to the end of the appeal period. The hearing examiner may deny a request to take a procedural action without giving notice of the request to other parties to the proceeding; otherwise, the hearing examiner must give notice of the request (and the opportunity to reply to it) to all parties that may, in the opinion of the hearing examiner, be affected by it. Replies must be submitted according to the following schedule: 1. A request of the hearing examiner to disqualify him or herself or to dismiss an application or a party to a proceeding: by noon of the day immediately preceding the day scheduled for the hearing; 2. All other requests: as determined by the hearing examiner. Unless given at a public hearing, the decision on the request shall be in writing. The decision of the hearing examiner on a procedural request may not be appealed separately from an appeal on the decision on the application to which the procedural request is related. The hearing examiner may upon his or her own motion take any procedural action deemed necessary by him or her to ensure that the information reasonably necessary to make a decision or recommendation is in the record, to protect the rights of all parties, or to otherwise further the purposes of applicable Jefferson County Ordinances or these Rules. 16 APPENDIX Forms Though not required, use of the following forms is recommended when seeking an action or ruling by the hearing examiner pursuant to these rules. Whether used or not, the information required by the forms must be provided. For the convenience of the user, blank forms are enclosed at the end of the appendix. They may be copied and simply filled out. Additional copies are available at the Office of the Hearing Examiner and at the Planning and Building Department service counter. LIST OF FORMS FORM # 4. 5. 6. GENERAL REQUEST TO TAKE PROCEDURAL ACTION REQUEST RE: DISQUALIFICATION OF HEARING EXAMINER ON GROUNDS OF BIAS/PREJUDICE AFFIDAVIT OF HEARING EXAMINER BIAS/PREJUDICE PETITION FOR RECONSIDERATION PETITION TO WAIVE APPEAL/TRANSCRIPT FEES AFFIDAVIT IN SUPPORT OF PETITION TO WAIVE APPEAL\ TRANSCRIPT FEES A-1 A-2 A-3 A-4 A-5 A-6 A-1 REQUEST TO CONTINUE OR REOPEN HEARING, STRIKE OR COMPEL EVIDENCE OR TESTIMONY, DISMISS APPLIATION, DISMISS PARTY FROM PROCEEDING AND OTHER GENERAL PROCEDURAL REQUESTS. JEFFERSON COUNTY HEARING EXAMINER RE: (type of application) of (name of applicant) to (description of request File Number (identify file number) MOTION FOR (identify what is being requested, for example, to continue hearing) (Name of person who is requesting action) moves or requests the hearing examiner for an order (explain what is being requested, for example, an order granting a continuance, an order striking evidence) for the following reasons: (State reasons for request and supporting arguments.) DATED this day of ,199_. (Signature, address, and phone number of person making request) A-2 REQUEST TO HEARING EXAMINER TO DISQUALIFY HIM/HERSELF JEFFERSON COUNTY HEARING EXAMINER RE: (type of application) of (name of applicant) to (description of request) File Number: (identify file number) MOTION TO DISQUALIFY HEARING EXAMINER (Name of person requesting hearing examiner disqualify him or herself) moves or requests that hearing examiner (name of hearing examiner) disqualify (him/herself) from considering the application referred to above for reasons of bias, conflict of interest, or prejudice as set forth in the attached affidavit. DATED this day of ,199__ (Signature, address, and phone number of person making request) A-3 AFFIDAVIT OF BIAS/PREJUDICE RE: of JEFFERSON COUNTY HEARING EXAMINER application ) FILE NUMBER: (identify file number) ) ) MOTION TO DISQUALIFY ) HEARING EXAMINER ) I, (name of person requesting disqualification) being duly deposed do hereby swear or affirm that: 1. I have the following interest in the application described above: (Identify interest, for example, you are the applicant or a neighboring property owner); 2. I believe the decision of the hearing examiner may or could adversely affect my interest; 3. I believe that hearing examiner (name of hearing examiner) is biased and prejudicial against my interest for the following reasons: (List facts that you believe give rise to bias or prejudice) 4. I believe because of the hearing examiner's bias or prejudice, I cannot get a fair hearing in the application described above. SIGNED ON this day of ,199 (Your signature, address, and phone number) Deposed and sworn or affirmed before me on this __ day of ,199 Notary Public in and for the State of Washington A-4 PETITION FOR RECONSIDERATION JEFFERSON COUNTY HEARING EXAMINER RE: application of to File Number: (identify file number) PETITION FOR RECONSIDERATION (Name of person asking for reconsideration) do hereby petition the hearing examiner to reconsider the decision entered (date of decision) on the application referred to above. This petition is based on the following: (List one or more of the following grounds for reconsideration and an explanation and argument in support of the petition). The existence of evidence not previously available for reasons beyond the control of the petitioner. (Identify information and reason it was not previously available.) A procedural error. (Identify error and how correcting it is likely to affect the decision.) 3. A factual error. (Identify error and how correcting it is likely to affect the decision.) 4. An error of law. (Identify error and how correcting it is likely to affect the decision.) DATED this __ day of ,199__ (Signature(s) of petitioner(s), mailing address, and phone number of at least one) A-5 PETITION TO WAIVE APPEAL/TRANSCRIPT FEES JEFFERSON COUNTY HEARING EXAMINER RE: application of to File Number: (identify file number) PETITION TO WAIVE FEE(S) (Name of person requesting to have fees waived) do hereby petition the hearing examiner to waive the (indicate appeal, transcript, or appeal and transcript) fees for the appeal identified above based on the attached affidavit stating that I cannot afford to pay them without incurring a substantial hardship. DATED this day of ,199 (Signature, mailing address, and phone number of petitioner) A-6 AFFIDAVIT REGARDING INABILITY TO PAY APPEAL/TRANSCRIPT FEES JEFFERSON COUNTY HEARING EXAMINER RE: application ) File Number: (identify file number) of ) to ) AFFIDAVIT RE: PAYMENT OF ) APPEAL/TRANSCRIPT FEES ) I, (name of person requesting fees to be waived) being duly deposed do hereby swear or affirm that: 1. The total income of my family from all sources is at or below federal poverty guidelines as set forth below, and that I cannot afford to pay the (appeal or transcript fees, incidate either or both) for the appeal described above; or 2. Paying the (appeal or transcript fees, indicate either or both) for the appeal described above would cause a substantial financial hardship for the following reasons: (Indicate specific reasons; indicate income, expenditures, etc.) SIGNED ON this day of ,199 (Your signature, mailing address, and phone number) Deposed and sworn or affirmed before me on this day of ,199 Notary Public in and for the State of Washington FAMILY SIZE MAXIMUM INCOME 1 5,980 2 8,020 3 1 O,O6O 4 12,100 5 14,140 6 16,180 7 18,220 8 20,260 For each additional over 8, add $2,040 A-1 REQUEST TO CONTINUE OR REOPEN HEARING, STRIKE OR COMPEL EVIDENCE OR TESTIMONY, DISMISS APPLIATION, DISMISS PARTY FROM PROCEEDING AND OTHER GENERAL PROCEDURAL REQUESTS. JEFFERSON COUNTY HEARING EXAMINER RE: File Number MOTION FOR moves or requests the hearing examiner for an order for the following reasons: DATED this day of · 199_. (Signature, address, and phone number of person making request) A-2 REQUEST TO HEARING EXAMINER TO DISQUALIFY HIM/HERSELF JEFFERSON COUNTY HEARING EXAMINER RE: File Number: MOTION TO DISQUALIFY HEARING EXAMINER moves or requests that hearing examiner disqualify (him/herself) from considering the application referred to above for reasons of bias, conflict of interest, or prejudice as set forth in the attached affidavit. DATED this __ day of ,199 (Signature, address, and phone number of person making request) A-3 AFFIDAVIT OF BIAS/PREJUDICE RE: of to JEFFERSON COUNTY HEARING EXAMINER application FILE NUMBER: MOTION TO DISQUALIFY HEARING EXAMINER being duly deposed do hereby swear or affirm that: I have the following interest in the application described above: ; I believe the decision of the hearing examiner may or could adversely affect my interest; I believe that hearing examiner is biased and prejudicial against my interest for the following reasons: I believe because of the hearing examiner's bias or prejudice, I cannot get a fair hearing in the application described above. SIGNED ON this day of ,199__ (Your signature, address, and phone number) Deposed and sworn or affirmed before me on this __ day of ,199 Notary Public in and for the State of Washington A-4 PETITION FOR RECONSIDERATION RE: of to JEFFERSON COUNTY HEARING EXAMINER the decision entered on the following: application File Number: PETITION FOR RECONSIDERATION do hereby petition the hearing examiner to reconsider on the application referred to above. This petition is based The existence of evidence not previously available for reasons beyond the control of the petitioner. A procedural error. A factual error. An error of law. DATED this day of ,199 (Signature(s) of petitioner(s), mailing address, and phone number of at least one) A-5 PETITION TO WAIVE APPEAL/TRANSCRIPT FEES JEFFERSON COUNTY HEARING EXAMINER RE: application of to File Number: PETITION TO WAIVE FEE(S) do hereby petition the hearing examiner to waive the fees for the appeal identified above based on the attached affidavit stating that I cannot afford to pay them without incurring a substantial hardship. DATED this day of ,199 (Signature, mailing address, and phone number of petitioner) A-6 AFFIDAVIT REGARDING INABILITY TO PAY APPEAL/TRANSCRIPT FEES RE: JEFFERSON COUNTY HEARING EXAMINER of application File Number: AFFIDAVIT RE: PAYMENT OF APPEAL/TRANSCRIPT FEES being duly deposed do hereby swear or affirm that: The total income of my family from all sources is at or below federal poverty guidelines as set forth below, and that I cannot afford to pay the for the appeal described above; or Paying the for the appeal described above would cause a substantial financial hardship for the following reasons: SIGNED ON this day of ,199 (Your signature, mailing address, and phone number) Deposed and sworn or affirmed before me on this day of ,199 Notary Public in and for the State of Washington FAMILY SIZE MAXIMUM INCOME 1 5,980 2 8,020 3 10,060 4 12,100 5 14,140 6 16,180 7 18,220 8 20,260 For each additional over 8, add $2,040