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STATE OF WASHINGTON
County of Jefferson
In the Matter of Establishing Procedures
for Land Use Applications Processed
by Jefferson County
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ORDINANCE NO. 04-0828-98
WHEREAS, the Jefferson County Commissioners commissioned an independent
assessment of its land use permit system; and,
WHEREAS, the recommendations of this assessment included the development of
the following 4 documents:
· A Land Use Application Procedures Ordinance;
· A Code Interpretation Ordinance;
· Rules of Procedure for land use hearings;
· A decision format for all Jefferson County land use decisions; and,
WHEREAS, a Citizen Task Force was appointed by the Board of County
Commissioners to assist in the preparation of these documents; and,
WHEREAS, the Citizen Task Force believes these documents provide a solid
foundation for accomplishing land use reform in Jefferson County and forms the framework by
which systematic revision to existing ordinances and creation of new ordinances can be achieved,
and;
WHEREAS, the Citizen Task Force recommended the adoption ofthese 4 docu-
ments as the basis for a concise, organized land use code; and,
WHEREAS, the Board of County Commissioners has reviewed the recom-
mendation ofthe Citizens Task Force and the 4 draft documents, and agree that they will be
beneficial to the citizens of Jefferson County; and,
WHEREAS, the Land Use Application Procedures Ordinance complies with State
Regulatory Reform requirements.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners
of Jefferson County, Washington, as follows:
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Section 1: Purpose
The purpose of this Chapter is to establish procedures for land use applications processed by
Jefferson County. The procedures are designed to promote timely and informed public
participation; eliminate redundancy in the land use application review process; minimize delay
and expense; and help ensure the use of land in a manner consistent with County goals as set
forth in the Comprehensive Plan and development regulations. Land use applications may also
be subject to review under state and federal laws.
Section 2: Definitions
The following terms are defined in Chapter One of the Jefferson County Land Use Code:
"Appellate Examiner" means the individual who decides appeals of Hearing Examiner
decisions. The Appellate Examiner is a "Hearing Examiner" for the purposes of Chapter 36.70
RCW.
"Closed Record Appeal" means an administrative appeal following an open record hearing on a
land use application. A closed record appeal is on the record and does not consider new
documents or testimony,
"Director" means the Director of the Department of Community Development of Jefferson
County.
"Open Record Appeal Hearing" means an open record hearing held by the Hearings Examiner
following an administrative decision by the Director. An open record appeal hearing by the
Hearings Examiner is conducted in the same manner as a pre-decision open record hearing
because the Hearings Examiner is to hear and decide the application anew with no weight given
to the administrative decision.
"Open Record Hearing" means a pre-decision hearing that creates a record through testimony
and submission of evidence under procedures prescribed by this Chapter and using the Rules of
Procedure adopted in accordance with this Chapter.
"Party of Record" means the Applicant and any person who, prior to the closing of the record,
has submitted substantive comments on an application,
"SEPA" means the State Environmental Policy Act in Chapter 43.21C ofthe Revised Code of
Washington, as amended, and any provisions of Jefferson County Code adopted pursuant to that
statute.
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Section 3: Controlling Ordinance and Rules
The procedures for decision-making described in this Chapter and in the Rules of Procedure
adopted under this Chapter supersede any conflicting procedures that may be found in other
chapters of the Jefferson County Code. This Chapter applies to existing permit applications as
well as to those that may be filed in the future.
Section 4: Who May Apply
Any property owner, or any person who has written authorization from an owner, may submit a
land use application.
Section 5: Exemptions from Land Use Application
Processing
A. Whenever a land use application has been designated as a Type A, B or C decision, the
procedures in this Chapter shall be followed, except that the following applications are
excluded from the procedures set forth in this Chapter due to special circumstances that
warrant different review processes:
1. Landmark designations;
2. Street or road vacations;
3. Street use permits;
B, The following applications are exempt from the procedures set forth in this chapter exceptlor
the time limits required for issuance of a Determination of Completeness and a final decision:
1. Boundary line adjustments; and
2. Building and other construction permits not subject to review under SEP A.
Section 6: Types of Land Use Applications.
Land use applications are classified into three categories: 1) Type A (Administrative decisions),
2) Type B (Hearing Examiner decisions), and 3) Type C (Board of County Commissioners
decisions).
A. Type A (Administrative Decision)
The following applications require a decision by the Director:
1. Building permits that are subject to review under SEP A;
2. Accessory Dwelling Units;
3, Home-based occupations;
4. Temporary Uses;
5, Condominium subdivisions of four (4) or fewer units;
6. Mobile home parks of fourteen (14) or fewer lots;
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Type A (Administrative Decision)
7. Plat alterations or vacations, not including Boundary Line Adjustments;
8. Short subdivisions of four (4) or fewer lots;
9. Subdivision exemptions;
10. Shoreline Exemptions; and
11. Shoreline Substantial Development Permits for Primary Uses.
A. Type B (Hearing Examiner Decision)
The following applications require a Hearing Examiner decision:
1, Planned Unit Developments;
2, Special Uses;
3. Conditional Uses;
4. Variances (Zoning, Critical Areas, Shoreline, Subdivision, etc.);
5, Condominium subdivisions of five (5) units or more;
6, Long Subdivisions, including mobile home parks, of five (5) lots or more
(preliminary plat review);
7. Commercial/Industrial Park Divisions;
8. Shoreline Conditional Uses;
9. Shoreline Substantial Development Permits for secondary uses; and
10, Recreational Vehicle Parks/Camper Clubs
C. Type C (Board of County Commissioners Decision)
1. Site-specific rezones, including all land use application requests that are consolidated
with a request for a rezone, require a Board of County Commissioners decision.
2. Legislative actions, including area-wide rezone and Comprehensive Plan decisions, are
not affected by this Chapter.
D. Other Applications
The appropriate decision-making process for any other land use application authorized by
Jefferson County but not listed in this section shall be determined by the Director in
accordance with this Chapter unless the decision-making authority is expressly identified.
Section 7: Consolidated AlWlications
A. Optional Consolidated Permit Processing. A land use application that involves two or
more permits may, at the option of the Applicant, be consolidated into a single process using
the highest procedure required for any permit included in the application, For example, an
application involving Type A, B and C permits shall be processed under Type C procedure.
If the Applicant does not opt to proceed with consolidated permit processing, the permit(s)
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Optional Consolidated Permit Processing. - Continued
requiring the higher procedure(s) must be processed prior to the permit(s) requiring the lower
procedure(s). For example, Type C permits must be processed prior to Type B permits,
B. Joint Hearings
1. The Director may combine any hearing on a land use application with any other hearing
that may be held by another local, state, regional, federal, or other agency on the
application, so long as the requirements of subsection (3) are met.
2 Hearings shall be combined if requested by an Applicant, provided:
a. The requirements of subsection (3) are met; and
b. The joint hearing can be held within the time periods specified in this section or
the Applicant agrees to an alternate schedule in the event that additional time is
needed in order to combine the hearings.
3, A joint hearing may be held with another local, state, regional, federal, or other agency on
the proposed action, provided:
a. The other agency is not expressly prohibited by statute from doing so;
b. Sufficient notice of the hearing is given to meet each of the agencies' adopted
notice requirements as set forth in statute, ordinance or rule;
c. Each agency has received the necessary information about the proposed project
from the Applicant to hold its hearing at the same time as the local government
hearing; and
d, The hearing is held within Jefferson County.
Section 8: Pre-application Procedure
A. Purpose
The pre-application conference is a discussion between a potential Applicant and County
staff regarding a proposed project. The purpose of the pre-application conference is to assist
the Applicant by identifying the following:
1. Requirements for submittal, including types of permits necessary to complete the
proposal, procedures for processing permits, and whether SEP A review is required;
2, Requirements for compliance with applicable County plans, goals, policies, codes or
guidelines and possible revisions to the proposed project which will improve the proposal
with respect to these requirements; and
3. Required plans, studies, reports, and/or other materials specific to the proposal that will
provide necessary information for staffto review the project.
4. All requirements shall be provided to the applicant in writing.
B. When Required
A pre-application conference may be scheduled by the Director for any type of land use
application, but is required prior to submitting an application for the following:
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1. Conditional Use Permits;
2, Special Use Permits;
3, Subdivision or planned unit development applications;
4, Shoreline substantial development permits, shoreline conditional use permits, or shoreline
variance applications;
5, Mobile Home Parks;
6, Recreational Vehicle Parks/Camper Clubs; and
7. Consolidated project review.
C. Fees
An applicant may be charged a fee for a pre-application meeting in accordance with fees
established by resolution of the Board of County Commissioners.
Section 9: Project Planner
The Director shall designate a Project Planner for each land use application submitted to the
County, The Project Planner shall serve as the County representative to the Applicant and shall
process the application in accordance with the provisions' of Jefferson County Code. The
Applicant may rely upon written information provided by the Project Planner.
Section 10: Applications
A. Required Information
1, A land use application shall be filed on forms prescribed by the Director and shall include
fees as required by resolution of the Board of County Commissioners,
2. The Director shall summarize the submittal requirements for each application as specified
in the applicable provisions of the Jefferson County Code. The Director shall attach this
summary as Appendix A to this ordinance to assist the public. The Director shall update
Appendix A upon adoption of any revised submittal requirements.
3, Additional requirements may be requested in writing by the Director or Project Planner.
The request shall refer to a specific section of the Jefferson County Code where that
information is required in order to process the application.
B. Inactivity
An application may be canceled for inactivity if an Applicant fails to specifically respond to
the Project Planner's written request for revisions, corrections, or additional information
within sixty (60) calendar days of the date of the request. The Director shall extend the
response period beyond sixty (60) calendar days ifthe Applicant provides and adheres to an
approved schedule with specific target dates for submitting the full revisions, corrections, or
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other information needed by the Project Planner. Failure to adhere to the approved schedule
shall result in cancellation of the application.
Section 11: Determination of Completeness
A. When Complete
A land use application shall be complete when all submittal requirements, as specified in
Section Ten of this Chapter, and all fees as required by resolution of the Board of County
Commissioners have been submitted. The Director may waive specific submittal
requirements that are determined by the Director to be unnecessary for review of the
application provided that the waiver is in writing and specifically states why the information
is not needed.
B. Notice
Within twenty-eight (28) calendar days after receiving a land use application, the Director
shall either mail, fax, or otherwise provide to the Applicant a written determination, stating
either that the application is complete or that the application is incomplete and what is
necessary to make the application complete. The notice shall inform the Applicant that the
application may be canceled due to inactivity, pursuant to section 10 B of this chapter, if the
Applicant does not respond within 60 days.
C. Additional Information
Within ten (10) working days after an Applicant has submitted additional information
identified by the Director as being necessary for a complete application, the Director shall
notify the Applicant whether the application is complete or what additional information is
necessary, The Director shall inform the Applicant that the application may be canceled due
to inactivity, pursuant to section 10 B of this chapter, if the Applicant does not respond
within 60 days.
D. When Deemed Complete
If the Director does not provide a written determination as to whether the application is
complete within the twenty-eight (28) calendar days, the application shall be deemed
complete as of the twenty-eighth day.
E. Change in Circumstances
A determination of completeness shall not preclude the Director from requesting additional
information if a change in circumstances is discovered during the review process and/or new
information is necessary to complete review or if substantial changes in the application are
proposed. The request for additional information shall be in writing and shall identify the
change of circumstances and need for additional information,
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F. Standards for Review
The determination of completeness initiates the review period for the application and entitles
the Applicant to have the application considered and reviewed pursuant to the substantive
laws, regulations and standards in effect on the date a complete application was submitted.
Section 12: Application Time Frames
A. Final Decision
The County shall issue a final decision on a land use application within one-hundred-twenty
(120) calendar days from the date the application is determined to be complete,
B. Calculation of Time
For purposes of calculating the time period for issuance of a final decision, the time period
shall begin on the first day following the date the application is determined to be complete.
The following periods shall be excluded from the calculations:
1. Any period during which the Applicant has been requested by the Director or Project
Planner to correct plans, perform required studies, or provide additional information;
2. Any period during which an environmental impact statement is being prepared following
a determination of significance pursuant to SEP A;
3. Any period during which an appeal is being reviewed; and
4. Any extension of time mutually agreed upon by the Applicant and the Director or Project
Planner.
C. Exceptions to Time Limits
The time limits established by this section do not apply if a land use application includes one
of the following:
1. An amendment to the Comprehensive Plan or an amendment to a land use development
regulation;
2. Siting of an essential public facility as provided in RCW 36.70A.200; or
3. An application substantially revised by the Applicant, in which case the time period shall
start from the date at which the revised project application is determined to be complete
pursuant to this Chapter.
D. County Failure to Adhere to Applicable Time Periods
If the County is unable to issue its final decision on a land use application within 120 days
from the date the application is determined to be complete, the County shall provide written
notice of this fact to the project Applicant prior to the expiration of the 120 day time period.
The notice will include a statement of reasons why the time periods have not been met and a
specific date for issuance of the notice of final decision. The revised date shall not exceed
sixty (60) additional days.
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Section 13: Public Notice Requirements
A. When Required
All Type A, Band C land use applications require the following public notifications:
1. Notice of application and public comment period;
2. Notice of hearing, if a hearing is scheduled; and
3. Notice of decision and appeal period,
B. Public Mailing List
The Director shall maintain a mailing list of those persons who request, in writing, to receive
notice of all land use applications and decisions. Mailed notice shall be distributed to those
persons as provided in this Chapter.
C. Notice of Application and Public Comment Period-Notice to Public
1. Time and Method of Notice: Within seven (7) calendar days of issuing a written
determination of complete application, the Director shall issue a notice of application that
includes the public comment period of thirty (30) calendar days commencing on the day
the notice is issued. The notice of application shall be provided to the public and other
government agencies with jurisdiction over some aspect of the application by the
following means:
a. Mailing written notice to adjoining property owners as required by applicable law.
The list of property owners and addresses shall be provided by the Applicant
based on information regarding current ownership of property listed on tax
records and provided by a Land Title Company doing business in Jefferson
County. The list shall be certified by the Department.
b. Mailing written notice to those individuals who requested in writing to be placed
on a mailing list to receive notice of land use applications and decisions;
c. Posting notice in the official posting places of the County; and
d, Publishing notices in the official newspaper ofthe County,
2. SEP A Review
a. If a land use application is subject to environmental review and requires a SEP A
threshold determination, SEP A public notice and comment period shall be
combined with other land use application notices when possible.
b. A combined notice shall include a statement that a comment letter may be
submitted that addresses environmental impacts as well as other issues subject to
review under the decision criteria for the land use application.
c. Ifthe Director expects to issue a Determination of Non-Significance under SEP A,
the notice shall inform the public of proposed mitigation measures, if any, and
explain that this may be the only opportunity to comment on the environmental
impacts of the project.
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d. The final SEP A threshold determination shall not be issued prior to the expiration
of the notice of application comment period,
3. Notice of Application Contents
The notice of application shall contain the following information:
a. Date of application, date of complete application, and date of notice of
application;
b. A brief description ofthe proposed project and its location and street address if
applicable;
c. Identification of requested land use applications, existing environmental
documents pertaining to the proposal, and a location where the application and
existing documents may be reviewed;
d, The date, time and place of any pre-decision hearing on the application;
e. An address where comments may be mailed during the 30-day comment period;
f. The preliminary determination, if any, of development regulations that will be
used for project mitigation;
g. A statement of the right for any person to i) comment on the application, ii)
receive notice of hearings, and iii) receive a copy of the decision; and
h, Any appeal rights.
D. Notice of Open Record Hearing
1. Time and Method of Notice
Notice of an open record hearing shall be provided at least fourteen (14) calendar days
prior to the hearing using the following methods:
a. Posting notice in the official posting places of the County;
b. Publishing notice in the official newspaper of the County;
c. Mailing notice to the Applicant and Appellant and to those individuals who
requested in writing to be placed on a mailing list to receive notice of land use
applications and decisions;
d. Mailing written notice to adjoining property owners as required by applicable law.
The list of property owners and addresses shall be provided by the Applicant
based on information regarding current ownership of property listed on tax
records and provided by a Land Title Company doing business in Jefferson
County, The list shall be certified by the Department; and
e, Posting the notice at the subject property. The Applicant shall post a sign
provided by the County containing the information described in subsection (2)(a)
through (g) below, "Hearing Notice Contents," in the manner prescribed by the
Director,
2. Hearing Notice Contents
The Notice of Hearing shall contain the following information:
a. Applicant, agent and project name;
b. Name and telephone number of the Project Planner;
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c, Hearing date, time and place and the code provision requiring the hearing;
d. Location of the proposal including vicinity map and street address if useful;
e. Brief description of the proposal and requested land use application;
f. Information on the Rules of Procedure for the Hearing, including procedures for
public comment; and
g. Any SEP A determination.
3. Additional Contents for Open Record Appeal Hearings. Ifthe hearing is an open record
appeal hearing, the following information shall be provided in addition to the
requirements under subsection D 2 of this section:
a, The name of the Appellant;
b, A brief description of the decision being appealed; and
c. A statement of who may participate in the appeal.
E. Notice of Decision and Appeal Period
1. Contents A notice of decision shall be issued on a land use application. The notice of
decision may be the decision itself. The notice shall include:
a. A statement indicating that the application is approved, approved with
modifications, denied or remanded;
b, A brief statement of any conditions included as part of a decision;
c. A statement of facts upon which the decision is based and the conclusions of law
derived from those facts;
d. A single consolidated report setting forth the recommendations and decisions
made on the application. The report shall state any mitigation required or
proposed under the development regulations or as required through SEP A. The
report shall include SEP A determination if a determination has not previously
been issued; and,
e. Procedures for appeal.
2. Distribution
The notice of decision shall be distributed on the day of the decision by mail, fax or
personal service to the Applicant and to any person who, prior to the decision, requested
notice of decisions or submitted testimony or comments on the application.
Section 14: Administrative (Type A) Decision Procedures
A. Applicability
This section applies to all Type A applications.
B. Environmental Review
For a land use application subject to Chapter 43.21C RCW and Jefferson County's SEPA
Ordinance, a final SEP A threshold determination may be issued simultaneously with the final
decision on the land use application.
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C. Decision Procedures
1. In making a decision, the Director shall consider the policies of the Comprehensive Plan
and subarea plans, the applicable criteria of the Jefferson County Code, and other
applicable law.
2. Corrections or Clarification,
a. The Director may correct clerical errors clearly identifiable from the public record
at any time.
b. The Director may clarify a statement in the written decision as long as the
clarification does not materially alter the decision.
D. Director Decision
The Director may approve, approve with modifications or deny the application, The Director
shall use the Land Use Decision Format provided in Appendix B to this Chapter.
E. Filing of Decision
The Director shall maintain a notebook of all decisions, which shall be available for public
review. Copies of all decisions shall also be filed with the Clerk of the Board of County
Commissioners.
F. Effect of Decision
The decision of the Director is the final decision of the County unless an appeal is filed with
the Hearing Examiner in accordance with this chapter.
Section 15: Hearing Examiner (TypeR) Decision Procedures
A. Applicability
This section applies to Type B land use applications and all other land use applications
consolidated under Type B procedures using Consolidated Permit Review.
B. Environmental Review
For a land use application subject to SEP A, the final SEP A threshold determination shall be
issued and any required public comment period shall be completed prior to a hearing.
C. Decision Procedures
1. Open Record Hearing: The Hearing Examiner shall hold an open record hearing prior to
issuing a decision. The Hearing Examiner shall maintain a record of the exhibits
presented and a tape recording of the testimony and arguments presented. The Rules of
Procedure adopted in accordance with this chapter shall be used, as appropriate, in the
conduct of the hearing.
2. Decision Considerations: In making a decision, the Hearing Examiner shall consider the
following:
a, The contents of the application;
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b. The record of the open record hearing on the application including any testimony
and any written material submitted as part of the hearing process; and,
c. The policies of the Comprehensive Plan and any applicable subarea plans, the
decision criteria listed in each section of the Jefferson County Code under which
the application was made, and any other applicable laws.
3. Continuance A hearing may be continued to a specific date without additional notice as
long as all parties to the hearing are informed of the continuance.
4. Motion for Reconsideration A motion for reconsideration may be filed in accordance
with Rules of Procedure adopted in accordance with this chapter. Such motion shall be
filed in writing ten (10) working days from the date the Hearing Examiner's decision was
filed. Such motion shall be decided on the record. If a timely and appropriate request for
reconsideration is filed, the appeal period shall begin from the date the decision on the
reconsideration is issued.
5, Corrections or Clarification
a. The Hearing Examiner may correct clerical errors clearly identifiable from the
public record at any time.
b. The Hearing Examiner may clarify a statement in the written decision as long as
the clarification does not materially alter the decision,
D. Hearing Examiner Decision
1. The Hearing Examiner may approve, approve with conditions, or deny an application.
The Hearing Examiner shall use the Land Use Decision Format provided in Appendix B
to this Chapter.
2. The decision shall be issued within ten (10) working days ofthe open record hearing,
unless a longer period is agreed upon by the Hearing Examiner and the Applicant.
E. Filing of Decision
Copies of all decisions shall be filed with the Clerk of the Board of County Commissioners.
The Hearing Examiner shall also forward copies of all decisions to the Director. The
Director shall maintain a notebook of all decisions, which shall be available for public
reVIew.
F. Effect of Decision
The decision of the Hearing Examiner is the final decision of the County unless an appeal is
filed in accordance with this chapter.
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Section 16: Board of County Commissioners Decision
(Type C) Procedures
A. Applicability
This section applies to Type C land use applications and all other land use applications
consolidated under Type C procedures using Consolidated Permit Review.
B. Decision Procedures
1. Hearing Examiner Recommendation The Board of County Commissioners may refer a
Type C application to the Hearing Examiner for an open record hearing. The Hearing
Examiner shall follow the procedures set forth in this Chapter and in the Rules of
Procedure adopted in accordance with this Chapter. The Hearing Examiner's written
recommendation shall be transmitted to the Board of County Commissioners.
2. Board of County Commissioners' Hearing If the Board of County Commissioners does
not refer the application to the Hearing Examiner for recommendation as provided in
subsection (B)(1) above, the Board of County Commissioners shall hold an open record
hearing to consider the land use application prior to issuing a decision. The Board of
County Commissioners shall follow the procedures set forth in this Chapter and in the
Rules of Procedure adopted in accordance with this Chapter.
C. Board of County Commissioners Decision
1. Elements to be Considered. The Board of County Commissioners shall consider the
following in deciding upon an application:
a. The contents of the application;
b. The record of the open record hearing on the application including any testimony
and any written material submitted as part of the hearing process;
c. The recommendations of the Hearing Examiner, if applicable; and,
d. The policies of the Comprehensive Plan and any applicable subarea plans,
decision criteria listed in each section of the Jefferson County Code under which
the application was made, and any other applicable law.
2. Decision The Board of County Commissioners may approve, approve with
modifications, or deny the application. If a decision has been referred to the Hearing
Examiner for a recommendation and the Board determines that the Hearing Examiner's
record has been insufficiently developed, the Board may remand the application to the
Hearing Examiner with specific instructions for further proceedings.
3. Corrections or Clarification
a. The Board may amend the decision at any time to correct clerical errors clearly
identifiable from the public record. Such a correction does not affect any time
limit provided for in this Chapter.
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b. The Board may clarify a statement in the written decision at any time as long as
the clarification does not materially alter the decision.
D. Filing
Copies of all decisions shall be filed with the Clerk of the Board of County Commissioners.
The Clerk of the Board shall forward copies of all decisions to the Director. The Director
shall maintain a notebook of all decisions, which shall be available for public review,
E. Effect of Decision
The decision of the Board of County Commissioners shall be the final decision of the County
on the application unless, within twenty-one (21) calendar days after issuance of a decision,
an appeal is filed in Superior Court in accordance with Chapter 36.70C RCW,
Section 17: Appeal Procedures -Appeal of a Type A
Decision
A. Applicability
Any person may appeal an Administrative (Type A) decision. The Hearing Examiner shall
decide all appeals of Administrative (Type A) decisions.
B. Form and Content of the Appeal
1. An appeal of an administrative decision shall be filed in writing with the Clerk of the
Board of County Commissioners fourteen (14) calendar days after the date of the
decision.
2. Appeals shall identify the decision appealed and the date of the decision, and shall
contain a summary of the grounds for the appeal.
3. The appropriate fee as established by County resolution must be paid upon filing of the
notice of appeal. No appeal will be processed without receipt of the appropriate fee before
expiration of the period for filing the appeal.
4. Following receipt of a notice of appeal and payment of the appropriate fee, the Hearing
Examiner shall conduct an open record appeal hearing.
C. Open Record Appeal Hearing
Participation in an open record appeal hearing shall include the Applicant, the Applicant's
representative, the Appellant, the Appellant's representative, appropriate County staff and
consultants, and any witnesses called by the Applicant or the Appellant. Others may
participate if the Hearing Examiner determines that the testimony will be relevant to the issue
on appeal and non-repetitive of the testimony of other witnesses. The Hearing Examiner
shall, to the extent appropriate, conduct the hearing in compliance with the Rules of
Procedure adopted in accordance with this Chapter.
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D. Decision on the Appeal
1. Hearing In considering open record appeals, the Hearing Examiner shall:
a. Affirm the decision;
b, Reverse the decision;
c, Affirm the decision with modifications; or
d. Remand the decision to the Director for further consideration. The Hearing
Examiner shall include in the order the issues to be reviewed on remand.
2. Standard of Review The Hearing Examiner shall review the application anew without
regard for the Director's decision.
3. Conditions The Hearing Examiner may include conditions as part of a decision granting,
or granting with modifications an appeal to insure conformance with the Jefferson County
Code, the County's Comprehensive Plan and other applicable laws or regulations.
4. Written Decision The Hearing Examiner shall issue a written decision on the appeal no
later than ninety (90) calendar days from the date of the original decision from which the
appeal is taken and no later than ten (10) working days from the date the record is closed
at the hearing. The written decision shall contain the following:
a, The decision of the Hearing Examiner granting or denying the appeal in whole or
in part;
b. Any conditions included as part of the decision on the appeal; and
c. Findings of facts upon which the decisions based and the conclusions of law
derived from those facts.
5. Distribution The Hearing Examiner shall mail a copy of the written decision to the
Applicant, the Appellant, the Director, and any person requesting the written decision or
who submitted substantive comments on the application prior to the decision.
6. Filing Copies of all decisions shall be filed with the Clerk of the Board of County
Commissioners. The Hearing Examiner shall also forward copies of all decisions to the
Director. The Director shall maintain a notebook of all decisions, which shall be
available for public review.
7. Appeal of the Decision of the Hearing Examiner The decision of the Hearing Examiner
shall be final unless, within fourteen (14) calendar days after issuance of a decision, a
party appeals the decision to the Appellate Examiner in accordance with this Chapter.
Section 18: Appeal Procedures - Appeal of a Hearing
Examiner (Type B) Decision
A. Applicability
Any person who participated in the Open Record Hearing may appeal a Hearing Examiner
(Type B) decision. The Appellate Examiner shall decide appeals of Hearing Examiner
decisions.
IJOL
Page 1 6 of 1 9
24 tAr,·
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Orc!imnrp Nn 04-0R?R-gR I ;:¡nc!llc;p Arrlir;:¡tinn Pmrpc!l Jrpc;
B. Form and Content of the Appeal
1. Any appeal shall be filed with the Clerk of the Board of County Commissioners within
fourteen (14) calendar days after the date ofthe decision.
2. All appeals shall be filed in writing with the Clerk of the Board of County
Commissioners, shall identify the decision appealed and the date of the decision, and
shall contain a summary of the grounds for the appeal.
3. The appropriate fee as established by County resolution shall be paid upon filing of the
notice of appeal. No appeal will be processed without receipt ofthe appropriate fee before
expiration of the period for filing the appeal.
4. Following receipt of a notice of appeal and payment of the appropriate fee, the Appellate
Examiner shall conduct a closed record appeal.
5. The issues considered in the closed record appeal shall be limited to those specified in the
written appeal.
C. Closed Record Appeal
Appellant decisions shall be based only on the record compiled by the Hearing Examiner.
The Appellate Examiner shall consider no new documents or testimony. The Appellate
Examiner may request legal briefs or oral argument if appropriate to assist him in making the
decision on appeal.
D. Decision on the Appeal
1. Hearing
In rendering a decision regarding a closed record appeal, the Appellate Examiner shall do
one of the following based on a review of the record:
a. Affirm the decision; or
b. Reverse the decision; or
c. Affirm the decision with modifications; or
d. Remand the decision to the Hearing Examiner for further consideration, including
a statement of the issues to be reviewed on remand.
2. Standard of Review
The Appellate Examiner may grant the appeal if, following a review of the record, one of
the following standards has been met:
a. The land us~ decision is an erroneous interpretation of the law;
b. The land use decision is not supported by evidence that is substantial when
viewed in light of the whole record;
c. The land use decision is a clearly erroneous application of the law to the facts; or
d. The land use decision is outside the authority or jurisdiction of the Hearing
Examiner.
3. Conditions The Appellate Examiner may include conditions as part of a decision
granting or granting with modifications an appeal to insure conformance with the
Jefferson County Code, the County's Comprehensive Plan and other applicable laws or
regulations.
Page 17 of 1 9
\fOC
2. A '1f"
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4. Written Decision The Appellate Examiner shall issue a written decision on the appeal no
later than sixty (60) calendar days from the date of the original decision from which the
appeal is taken, and no later than ten (10) working days from the date of transmittal ofthe
record and submittal of any written or oral arguments. The written decision shall contain
the following:
a, The decision of the Appellate Examiner on appeal;
b. Any conditions included as part of the decision on the appeal;
c. Findings of facts upon which the decision, including any conditions, is based and
the conclusions of law derived from those facts; and
d. The right of an Applicant or Appellant to appeal the decision of the Appellate
Examiner.
5, Distribution The Appellate Examiner shall mail a copy ofthe written decision to the
Applicant, the Appellant, the Hearing Examiner, the Director, and any person requesting
the written decision or who submitted substantive comments on the application prior to
the decision,
6. Filing Copies of all decisions shall be filed with the Clerk of the Board of County
Commissioners. The Hearing Examiner shall also forward copies of all decisions to the
Director. The Director shall maintain a notebook of all decisions, which shall be
available for public review.
7, Appeal of the Decision of the Appellate Examiner The decision of the Appellate
Examiner shall be final unless within twenty-one (21) calendar days after issuance of a
decision an appeal is filed with Superior Court in accordance with Chapter 36.70C RCW.
Section 19: Review Procedures
Application Director Hearing Examiner Appellate Examiner Board of County
Type Commissioners
Type A D A A
(Open Record) (Closed Record)*
Type B D A
(Open Record) (Closed Record)*
Type C R D*
D = Decision
A = Appeal
R = Recommendation upon request of Board of County Commissioners
Note: Legislative Actions (Area-wide re-zones, Comprehensive Plan adoption or amend-
ment) are not affected by this Chapter.
* These decisions may be appealed to Superior Court or the Shorelines Hearings Board
in accordance with Chapter 36.70C RCW or Chapter 90.58 RCW.
Page 1 8 of 19
24 I-AU'
2037
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Section 20: Repealer
This Ordinance repeals and replaces Ordinance No. 08-0408-96 in its entirety.
Section 21: Severability
If any section, subsection, sentence, clause, phrase, or figure of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance or the application to other
persons or circumstances shall not be affected.
Section 22: Effective Date
This ordinance shall become effective 30 days after adoption.
Section 23: Adoption
JEFFERSON COUNTY
BOARD OF COM ISSI
(Excused Absence)
Daniel Harpole, Member
APPROVED AS TO FORM:
Jefferson County Prosecuting Attorney
VOL
Page 19 of 19
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APPENDIX B
BEFORE THE ADMINISTRATOMŒARlNG BXAMINERI BOCC
OF JEFFERSON COUNTY
In Re: (Insert the Name of the Applicant,
Application or Appeal Here)
) No. (place Case I/. Here)
)
) Type: (Decision/Order/or
) Recommendation).
I. Summary of the Proceedings
A summary of the proceedings should, at a minimum, outline the procedural history of
the case (including specific dates of hearings and notices), a list of all the exhibits
received and all persons who testified at the hearing, and any legal briefs filed by the
parties. A "summary" of testimony should not be given unless relied upon in a Finding
of Fact.
n. Findings of Fact
The Supreme Court decided in Weyerhaeuser v. Pierce County that:
"Findings of fact by an administrative agency are subject to the same requirement
as are findings of fact drawn by a trial court. The purpose of findings of fact is to
ensure that the decision-maker has dealt fully and properly with all issues in the
case before he or she decides it and so the parties involved and the appellate court
may be fully informed as to the bases of his or her decision."
Findings offact should be statements of verifiable fact relevant to the criteria for review
of the application. The findings must be based exclusively on evidence presented in the
hearing that establishes the existence or nonexistence of factual matters. A finding must
be made on each contested issue of fact and must reference a specific exhibit or
testimony that supports the finding.
m Criteria for Review
The criteria for review should set forth the particular portions of federal and state laws,
local plans and ordinances, and judicial decisions that the decision-maker must use to
determine the approval or disapproval of the application at hand. The burden of proof is
upon the applicant to demonstrate compliance with applicable review criteria.
IV. Conclusions
The decision-making process, analysis and conclusions reached by the decision-maker is
revealed in the Conclusions, Each Conclusion must be supported by a reference to the
relevant Findings of Fact and should reveal how those findings relate to the legal criteria
set forth under Criteria for Review, In other words, "when Law A is applied to Fact B,
Conclusion C must be reached."
v. Decision or Recommendation
___....._ 01.... a.... Talc Por.e.D Wad u.. ........ R-'-
FORMAT FOR LAND USE DBCISIONS
2/24/98
Pip I
A ........ or ........1IIdon thouId .,. ..... tIIe,1GtI, CtiterIa IIId CoacIuIioIII u
laid .,..iHII,.tb,e docvmeat. :rbÞ~-.r~ may be to
IppfOM, IPPIV¥8 with 00IIdkiøaI, or ..,.. " ...... ... It coadidoDt are ÏIapoIecI. the
cIeciIioD or I'eCOIIUDeGdati should let forth thole cooditiODl with øreat speciðcity and
indicate bow the conditions mitigate specific impacts. Every decision must be signed and
dated by the decision-maker. .
R___dado.. oflbe Ciuea Tuk Force oD1ADd u.. ProoedIllÙ Ref_
FORMAT FOR LAND USE DBCISIONS
2/24/98
Pap 2
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RULES OF PROCEDURE FOR'ipR9fŒEDINGS BEFORE THE
EXAMINER AND BOARD OF COUNTY COMMISSIONERS
OF JEFFERSON COUNTY, WASHINGTON
TABLE OF CONTENTS
Chapter I: Open Record Hearings On Permit Applications......................................................... 1
Section 1: Definitions......,..,................"....,...........................................,..,......,............., 1
Section 2: Jurisdiction."",..........".,....,.,.,..".....,....,........................"........".....,...,.,........ 2
Section 3: Ex Parte Communication..........".................................,................................. 2
Section 4: Nature Of Proceedings ......................................................................,............ 3
Section 5: Rights And Responsibilities Of Parties........................................................... 4
Section 6: Presiding Officials..,.............,........................................................................ 5
Section 7: Conduct Of Hearings .....,......."........................ .................. .... ........................6
Section 8: Withdrawal Of Application Or Petition ........................................................10
Section 9: Recommendations / Decisions...................................................................... 10
Section 10: Appeals Of Decisions.. .......................................... ............ ......................... 11
Section 11: Conflicts.................................................. ......... .......... ............................... 12
Chapter II: Rules Of Appeal For Open Record Appeals Of Administrative Decisions ............... 13
Section 1: Definitions,....."...,..............,....,........................................ ........................... 13
Section 2: Filing...........................................,....................................................,.......... 13
Section 3: Dismissal........,....,..,..........,......,.......,....................................,..,."....".....,... 14
Section 4: Prehearing Conference....."...",....,.,......,.......,..."..."".................................. 14
Section 5: Withdrawal.................,..........:..................................................................... 15
Section 6: Parties Representative Required................................................................... 15
Section 7: Notice Of Hearing,..". .,.....,',..,',..,.,',.............".."..."""...,............".....,........ 15
<,.·.,·,..:;.¡~"."":'!\....,·":'~>I,,~..,',t?~!.,f..,.
Section~:P~ ~ ðI14,~b~titj. .. ....H..................................... .l....¡........... 16 (
Section '9: Default...... ........... ........... ...... ...... ............... .................................................. 16
," ... .. ',' .' .~. .', ,
Section 10: Hearing Format.......".......................,............,.............,.............................. 16
Section 11: Examiner Decision..."...,.............".........,.......................................... ......... 17
Section 12: Record.. .. .. .. .. .. . .. , .. .. , , .. . , , , .. .. , , .. .. , . . , .. .. . .. ... , . .. .. . .. . , .. .. . .. . .. .. .. . .. .. . .. . .. .. .. .. .. . .. .... 17
Section 13: Reconsideration................,............,.........."......,..,.........",.,.......,............... 18
Chapter ill: Rules Of Appeal For Closed Record Appeals Of Administrative Decisions............ 19
Section 1: Definitions..................,.."......,......,................."...................... ..................... 19
Section 2: Filing............"..................,.......................,.................................................. 19
Section 3: Dismissal..................,............... ............. ................................... ,.... .... ..........20
Section 4: Prehearing Conference...........".................. .......... ................... .....................20
Section 5: Withdrawal................ ....... ................ .... ........ ... ....... ............ .......... .... ...........21
(h
Section 6: Parties Representative Required ................................................................... 21
Section 7: Notice Of Hearing. ........................,.............................................................. 21
Section 8: Parties' Rights And Responsibilities............................................................. 22
Section 9: Default........................,..............,................................................................. 22
Section 10: Hearing Format.................................................................... ......................22
Section 11: Examiner Decision..................................................................................... 23
Section 12: Record....,..,....,...."..........,......,.................................................................. 23
Section 13: Reconsideration.".....,........,..,..................................................................,. 24
Chapter IV: Code Interpretation Rules..................................................................................... 25
Section 1: Definitions"", ......"...",......."",..,.. ......... ...............'".., ..... ............................25
Section 2: Filing"..,.,..,...... .....,.".."""".......",......", ......,.... .........,...., .......... ....., ........... 25
l
Section 3: Dismissal............,........,................. ... .... ..... .......... ...... '" ....... ........... .... ...... ...26
Section 4: Withdrawal...................,.................... ....... ... .............. .... ...... .......... .......... ....26
Section 5: Parties Representative Required......,........,.....................,............................. 26
Section 6: Notice Of Hearing.. ,...........",............ .........................,.................................26
Section 7: Parties' Rights And Responsibilities ............................................................. 27
Section 8: Default ............. ,....... ..... .,...". .... ...... ............................., ........................, ......27
Section 9: Hearing Fonnat......"...,......."..........................,.....................................,...... 27
Section 1 0: Examiner Decision........................... ........................................ ......... ......... 27
Section 11: Record..................,..... ,............."..........,..,.............. ...................................28
Section 12: Distribution/Filing ofExarniner Decision....................................... ............ 28
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE
EXAMINER AND BOARD OF COUNTY COMMISSIONERS
OF JEFFERSON COUNTY, WASHINGTON
CHAPTER I: OPEN RECORD HEARINGS ON PERMIT APPLICATIONS
Application of these Rules
This Chapter applies to open record hearings on land use applications.
SECTION 1: DEFINITIONS
"Appellant" means a person, organization, association or other similar group who flIes a
complete and timely appeal of a decision.
"Applicant" means a person who is the owner of the subject property or the authorized
representative of the owner of the subject property, and who has applied for a land use
permit or approval.
"JCC" means Jefferson County Code,
"BOCC" means the Board of County Commissioners of Jefferson County.
"Closed Record Appeal" means an administrative appeal following an open record
hearing on a land use application. A closed record appeal is on the record and does not
consider new documents or testimony.
"Comprehensive Plan" means the Comprehensive Plan that has been adopted by the
Jefferson County.
"County" means Jefferson County, Washington.
"Examiner", means Hearing Examiner or Appellate Examiner of Jefferson County.
"Ex parte communication" means written or oral communications to the Examiner or
BOCC about a matter pending before the Examiner or BOCC not included in the public
record and made outside of a hearing.
"Hearing" means the proceeding at which testimony and exhibits of evidence are
presented to the Examiner or BOCC.
"Open Record Appeal Hearing" means an open record hearing held by the Hearings
Examiner following an administrative decision by the Director. An open record appeal
R___daà_ oftbe Citiz_ Tuk Foree _ Laad Uee Procedan1 Reform
llUlBS OP PR.OCBDURB
2þA/98
Pap 1
hearing by the Hearings Examiner is conducted in the same manner as a pre-decision ("
open record hearing because the Hearings Examiner is to hear and decide the application
anew with no weight given to the administrative decision.
"Open Record Hearing" means a pre-decision hearing that creates a record through
testimony and submission of evidence under procedures prescribed by this Chapter and
using the Rules of Procedure adopted in accordance with this Chapter.
"Party of Interest" means any individual, partnership, corporation, association, or public
or private organization that may be affected by proceedings before the Examiner or
BOCC. The term includes a "party of record" as defined herein.
"Notice of Decision" means a written document that communicates a decision of the
Administrator, Examiner or BOCC.
"Party of Record" means:
a.
b.
c,
a person who testifies at a hearing;
the Applicant;
persons submitting written testimony about a matter
pending before the Examiner or BOCC; or
Jefferson County.
(
d.
"Record" means the oral testimony and written exhibits submitted at the hearing. The
tape recording of the proceeding shall be included as part of the record.
SECTION 2: JURISDICTION
Jurisdiction of the Administrator, the Examiner and the BOCC is limited to those issues where
an ordinance or other appropriate legal action grants the authority to make a decision,
recommendation, or issue an order.
SECTION 3: EX PARTE COMMUNICATION
3.1
a, No person, nor his or her agent, employee, or representative, who is interested in a
particular petition or application currently pending before the Examiner or BOCC
shall communicate ex parte, directly or indirectly, with the Examiner or BOCC
concerning the merits of that or a factually related petition or application. This
rule shall not prohibit ex parte communications concerning procedural matters.
l
~_dati_ oItbe Ciåa_ Tuk Perce _lADCI u.c ProœchuaI ReIona
JlutBS OP PIlOCBDURB
2/2A/98
..... 2
,..'·.,"'..,,··,-...·__~··i
b. The Examiner or BOCC shall not communicate ex parte directly or indirectly with
any person, nor his or her agent, employee or representative, interested in a
particular petition or application that is pending before the Examiner or BOCC
with regard to the merits of that, or a factually related petition or application.
c. If a prohibited ex parte communication is made to or by the Examiner or member
of the BOCC, such communication shall be publicly disclosed, and proper
discretion shall be exercised on whether to disqualify himself or herself for that
particular hearing.
SECTION 4: NATURE OF PROCEEDINGS
4.1 Expeditious Proceedings
It is the policy of the BOCC and the Examiner that, to the extent practicable and
consistent with requirements of law, all hearings shall be conducted expeditiously. In the
conduct of such proceedings the BOCC, the Examiner, County staff, and all parties, or
their agents, shall make every effort at each stage of a proceeding to avoid delay.
4.2 Frequency
Hearings will normally be scheduled at 1 :00 p.m. on the third Tuesday of each month.
Each case shall be noted to commence at a particular time.
4.3 Format
The format for a hearing will be of an informal nature yet designed in such a way that
the evidence and facts relevant to a particular proceeding will become available easily
ascertainable by a reviewing body. The format will allow development of a record by
parties.
4.4 View Trip
When necessary, the Examiner or BOCC may inspect the site prior or subsequent to the
hearing. The view trip is not part of the record. Failure to inspect the site will not render
the recommendation or decision void.
4,5 Record of Hearing
a. Record. Hearings shall be electronically recorded and such recordings shall be a
part of the official case record. Copies of the electronic recordings of a particular
proceeding shall be made available to the public within three business days of a
request. The reasonable cost of such copying shall be paid by the requester. No
minutes of the hearing will be kept.
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b.
Copies of any written materials in,the record may be obtained by any person who
pays the cost of reproducing such material.
(
4,6 COD\Putation of Time
Computation of any period of time prescribed or allowed by these rules, ordinances of the
Jefferson County and the State of Washington shall begin with the first day following that
on which the act or event initiating such period of time shall have occurred. When the
last day of the period so computed is a Saturday, Sunday or a County, national or State
holiday, the period shall run until the end of the next following business day. In
accordance with state statutes, a decision is not deemed final until three days following
the date of the postmark of the mailing of the decision by the County.
SECTION 5: RIGHTS AND RESPONSIBILITIES OF PARTIES
5.1 Rights of County
The County staff shall have the right to present evidence and testimony, object, make
motions, arguments, recommendations and all other rights essential to a fair hearing.
5.2 Rights of Applicant
Every Applicant shall have the right of notice, cross-examination, presentation of (
evidence, objection, motion, argument, and all other rights essential to a fair hearing.
Further, the Applicant shall have right to timely access of the County's staff report.
The Examiner or BOCC may impose reasonable limitations on the number of witnesses
heard, and on the nature and length of their testimony. Cross-examination is permitted as
necessary for a full disclosure of the facts, but the Examiner or BOCC shall control the
amount and style of cross-examination.
5.3 Rights of Parties ofInterest
Every party shall have the right to present evidence and testimony at hearings. The right
of parties to cross-examine, object, submit motions and arguments shall be at the
discretion of the Examiner or BOCC, The Examiner or BOCC may impose reasonable
limitations on the number of witnesses heard and the nature and length of their testimony.
5.4 Responsibilities of County Staff
The County staff shall provide a staff report consistent with Rule 7.6; provide notice of
hearings; present materials at the hearings; and, provide the Examiner or BOCC with
documentation relevant to the case; and be courteous to all who participate in these
proceedings.
.
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5.5 Re$ponsibilities of Applicant and Appellant
The Applicant shall, prior to the hearing, provide the Examiner or DOCC with material
that supports hislher case; be prepared for questions by the Examiner or BOCC; and be
courteous to all who participate in these proceedings.
An Appellant shall be required to provide a specific and understandable written statement
of the issues of appeal. Such statement shall be submitted prior to the hearing.
5.6 Responsibilities of Citizens
All persons who attend a hearing shall conduct themselves with civility and deal
courteously with all involved in the proceedings, Failure to do so will result in removal
ITom the hearing.
SECTION 6: PRESIDING OFFICIALS
6.1 Presiding Officials
a. Hearings shall be presided over by the Examiner or the presiding member of the
BOCC, as specified in the ICC.
b. The Examiner or BOCC shall have all of the authority and duties as granted
him/her in state statutes, ICC and other County ordinances. Included in the duties
of the Examiner or BOCC are the following: to conduct fair and impartial
hearings; to take all necessary action to avoid delay in the disposition of
proceedings; and to maintain order. He/she shall have all powers necessary to
that end, including the following:
1. to administer oaths and affirmations;
2. to issue subpoenas;
3. to rule upon offers of proof and receive evidence;
4. to regulate the course of the hearings and the conduct of the parties and
their agents;
5. to question any party at the hearing;
6. to hold conferences for settlement, simplification of the issues, or any
other proper purpose;
7. to require briefs on legal issues;
8. to consider and rule upon all procedural and other motions appropriate to
the proceedings; and,
9. to make and file recommendations or decisions.
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6.2 Presence of Legal Counsel at Hearings or Meetings
(
a, Although representation by legal counsel is not required at the hearings, all parties
participating in the hearings may be represented at the hearings by legal counsel
of their choice,
b, At the request of any department and discretion of the Examiner or BOCC, a
representative of the Jefferson County Prosecuting Attorney's Office may be
present at the hearings or meetings to advise on matters of law and procedure.
c. All forms of legal authority including briefs, staff reports and other legal
memoranda upon which a party of record will be relying or presenting at the
hearing must be submitted to the Examiner or BOCC's office at least one week in
advance of the scheduled hearing date. The above mentioned documents shall be
available to the public at least one week in advance of the scheduled hearing date.
SECTION 7: CONDUCT OF HEARINGS
7.1 Notice Requirements of Hearings and Filings
a.
All notice and time requirements and methods of notification shall be consistent
with the provisions as set forth in the JCC.
(
b.
Affidavit of Notice: An affidavit attesting to the notice given of a hearing
(including dates and places of publication and list of those mailed to) shall be
part of each official case record.
7.2 Oath or Affirmation
All testimony before the Examiner or BOCC shall be given under oath or affirmation to
tell the truth. Either the Examiner or BOCC or the clerk shall administer the oath or
affirmation.
7.3 Content of the Record
The record of a hearing conducted by the Examiner or BOCC shall include, but not be
limited to, the following materials:
a.
b.
c.
the application or appeal petition;
the Departmental staff reports;
all evidence received which shall include oral testimony given at the hearing, all
exhibits and other materials admitted as evidence;
a statement of all matters officially noticed;
a decision or a recommended decision containing the findings and conclusions of
the Examiner or BOCC;
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d.
e.
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f. recordings made on electronic equipment; and,
g. an environmental determination made pursuant to the State Environmental Policy
Act of 1971 (SEPA) (if applicable).
7.4 DevelQpment of Record at the Hearing
A hearing usually will include, but not be limited to, the following elements: a brief
introductory statement of the Examiner or BOCC process by the Examiner or BOCC; a
report by the Departmental staff that may include introduction of the Staff Report with
exhibits, reference to visual aids and a summary of the recommendation of the
Department; testimony by the Applicant or petitioner; testimony of persons with
questions, comments or concerns about an application; opportunity for cross-examination
and rebuttal; and opportunity for questions by the Examiner or BOCC.
7.5 Content and Form of Staff Rq>Orts
The staff report on a land use application may include the following, if relevant to the
application:
a. Names and addresses of the owner(s) and Applicant(s) of the subject property and
his/her property interest in the property that is the subject of the hearing.
b. A brief summary of the requested action and the citation of the ordinance
controlling the request specifying the relevant criteria upon which a decision must
be based.
c. A common description of the subject property and a legal description of the
subject property.
d. A statement as to which code regulations for Jefferson County apply to the
request.
e. A summary of the Comprehensive Plan designation and zoning designation of the
subject property; the current development of the subject property and the
adjoining properties; topographical information; geological and soils information;
information on the vegetation on the property; and any other relevant scientific,
environmental or engineering information.
f The current access to the subject property and the proposed access to the subject
property.
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g. An analysis of the proposed project as to its consistency with the relevant criteria for (
review of the application, including a determination of consistency based on the
following:
1. The type of land use permitted at the site if the criteria for their approval have
been satisfied;
11. The level of development, such as units per acre, density of residential
development in Urban Growth Areas, or other measures of density;
ill. Availability and adequacy of infrastructure and public facilities identified in
the Comprehensive Plan, if the plan or development regulations provide for
funding these facilities as required by Chapter 36.70A RCW; and
IV. The character of the development, including any relevant development
standards.
h. A history of the requested action and a history of the development in the
surrounding properties. In making the analysis, the staff shall refer to applicable
ordinances as often as possible.
I. A summary of any other requested land use permits in the area.
J.
The compatibility and impact of the proposal on the existing development and the
probable character of the proposal.
(
k. A summary of the reports or recommendations of any other agencies consulted.
1. Appropriate maps of the subject property.
m. The result of the detennination pursuant to the State Environmental Policy Act.
n. Staffs recommendations as to the consistency of the application with the relevant
criteria and any necessary conditions that should be applied to any approval of the
~pplication.
o. Proposed Findings of Fact for consideration by the decision-maker.
The staff report shall be distributed to the Examiner or BOCC, the Applicant and the
public at least seven (7) calendar days in advance of the Hearing.
7.6 Continuances of Hearings
a)
Examiner or BOCC
If, in the opinion of the Hearing Examiner or BOCC, more information is
necessary in order to make a recommendation or decision, or he/she is unable to
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hear all of the public comments on the matter, the hearing may be continued to a
certain date, If continued to a specific time and place, and stated on the record, no
further notice of that hearing need be given.
b) At the Request of a Party of Record
Any party of record may request continuance of a hearing. The request, if made
prior to the hearing, must be in writing and state reasonable grounds for a
continuance, The request must be reasonable. The Examiner or BOCC shall have
discretion to grant or deny the request for continuance.
7,7 Evidence
a. Burden of proof. In each proceeding for review of an application, the Applicant
shall have the burden of proof to show compliance with applicable laws and
regulations of Washington State and Jefferson County.
b. Admissibility. The hearing generally will not be conducted according to strict
legal rules relating to evidence and procedure. Any relevant evidence shall be
admitted if it is the type that possesses value commonly accepted by reasonably
prudent persons in the conduct of their affairs. The Examiner or BOCC shall have
discretion on the admissibility of all evidence.
c. Copies. Documentary evidence may be received in the fonn of copies if the
original is not readily available. Upon request, parties shall be given an
opportunity to compare the copy with the original. It is advisable to provide an
extra copy of all documents to the Examiner or BOCC as a working copy.
d, Judicial notice, The Examiner or BOCC m~y take judicial notice of generally
accepted facts. The Examiner or BOCC shall not take notice of disputed
adjudicative facts that are at the center of a particular proceeding.
e. The Examiner or BOCC may request a document to be filed after the close of
'public testimony. Only those documents referred to at the hearing may be
submitted and only those specifically requested by the Examiner or BOCC.
f. Additional evidence may only be submitted upon a Request for Reconsideration
based on new evidence not available at the time of the hearing. If additional
evidence is submitted with a request for reconsideration it will be considered only
upon a showing of significant relevance and good cause for delay in its
submission. All parties of record will be given notice of the consideration of such
evidence and granted an opportunity to review such evidence and file rebuttal
arguments,
g, All parties will be allowed opportunity to make a record of evidence admitted or
denied during the course of the hearing. This record shall include offers of proof.
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SECTION 8: WITHDRAWAL OF APPLICATION OR PETITION
(
8.1 Withdrawal Prior to Service of Official Notice
If a withdrawal request is made before the official notice of the hearing is given, the
Applicant or petitioner shall notify the County of the withdrawal request and the
withdrawal shall be automatically permitted,
8.2 Withdrawal Made Any Other Time
If a withdrawal request is made at any time other than that mentioned in 8.1, the
Examiner or BOCC shall use discretion in allowing or disallowing the request.
SECTION 9: RECOMMENDATIONS / DECISIONS
9.1 Written Recommendations
For applications heard by the Examiner that require BOCC approval, a written report of
findings, conclusions and recommendations shall be forwarded to the BOCC and the
parties of record. The Examiner submittal shall be within the time allowed by law or
agreed to by the Applicant and Jefferson County. The findings, conclusions and (',
recommendations shall indicate how the recommendation carries out the goals, policies,
plans and requirements of the JCC and other policies and objectives of the County.
9.2 Written Decisions
For all applications where the Examiner or BOCC has final approval authority, a written
report of findings, conclusions and decision shall be made and forwarded to all parties of
record. The Examiner or BOCC decision shall be within the time allowed by law or
agreed to by the Applicant and the Jefferson County. The findings, conclusions and
decision shall indicate how the decision carries out the goals, policies, plans and
requirements of the JCC and other policies and objectives of the County.
9.3 Content ofRecommendation/Decision
A recommendation/decision shall include:
a. Summary of the Proceedings. This shall include a list of all exhibits received and
all persons who testified. A summary of testimony should not be given unless
relied upon in a Finding.
b.
Findings. These shall be statements of verifiable fact relevant to the criteria for
review of the application, The findings shall be based exclusively on the evidence
presented in the hearing and those matters officially noticed. A finding shall be
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(
made on each contested issue of fact. Findings shall reference a specific exhibit
or testimony in support of the finding,
c. Conclusions, Each conclusions shall be supported by a reference to a Finding of
Fact. The conclusions shall reference specific provisions of the law and
regulations when relevant to the decision.
d. The Decision or Recommendation. A decision/recommendation on an application
for permit approval may be to approve, deny or approve with conditions. Every
recommendation/decision shall be based upon a consideration of the whole record
and supported by substantial evidence.
9.4 Procedure for Reconsideration and Reopening Hearing
a, At any time prior to the filing of the final decision or recommendation, the
Examiner or BOCC may reopen the proceeding for the reception of further
evidence. A11 parties of record who participate at the hearing shall be given
notice of the consideration of such evidence and granted an opportunity to review
such evidence and file rebuttal arguments.
b. Reconsideration.
1. Any party of record may file a written request with the Examiner or
BOCC for reconsideration within ten (10) working days of the date of the
Examiner or BOCC's recommendation or decision. The request shall
explicitly set forth alleged errors of procedure or fact. The request may
also include direction to a specific issue that was inadvertently omitted
ITom the Examiner or BOCC's recommendation or decision.
2. The Examiner or BOCC shall act within five (5) working days after the
date of the filing of the request for reconsideration by either denying the
request or approving the request by modifying or amending the
recommendation/decision based on the established record or setting the
matter for an additional hearing.
3. If an additional hearing is required the notice of the hearing shall be
mailed to all parties of record not less than five (5) working days ITom the
date of the Order to fe-open the hearing.
SECTION 10: APPEALS OF DECISIONS
When all reconsideration periods have expired and the Examiner has issued a final
decision, the decision may be appealed to the Appellate Examiner or to Superior Court as
specified in the JCC. Appeals must be written and filed within the time required by
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~. All appeal. mutt clearly state the alleged eITOI'à of fact or law and include a (,
specific request for relief.
SECTION 11: CONFLICTS
These rules of procedure are adopted to supplement the requirements set forth in the ICC.
Any conflicts between these rules and the provisions of the ICC will be decided
consistent with the provisions of the ICC.
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(
CHAPTER IT:
RULES OF APPEAL FOR OPEN RECORD APPEALS
OF AD:MINISTRATIVE DECISIONS
Application of these Rules
This chapter applies to open record appeals of administrative decisions that approve, deny, or
condition a land use permit application.
SECTION 1: DEFINITIONS
See DEFINITIONS, Chapter 1, Section 1, of these Rules.
SECTION 2: FILING
2.1 Compliance with Rules
All appeals must comply with these Rules and with the requirements established in the
applicable Jefferson County ordinance(s) under which the appeal is filed.
2.2 Timeliness
To be considered timely filed, an appeal must be received by the Clerk of the BOCC no
later than the last day of the appeal period.
2.3 Fee
Any filing fee as required by Jefferson County Code shall accompany an appeal.
2.4 Contents
An appeal must be in writing and contain the following:
a. A brief statement as to how the Appellant is significantly affected by or interested
in the matter appealed~
b. A brief statement of the Appellant's issues on appeal, noting Appellant's specific
exceptions and objections to the decision or action being appealed;
c. The relief requested, such as reversal or modification;
d. Signature, address, and phone number of the Appellant, and name and address of
Appellant's designated representative, if any. In the event an organization is the
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Appellant, one person shall be designated as the contact person for all procedural
matters related to the appea1.
(
SECTION 3: DISMISSAL
3.1 An appeal may be dismissed without a hearing if the Examiner determines that it fails to
state a claim for which the Hearing Examiner has jurisdiction to grant relief, or it is
without merit on its face, ftivolous, or brought merely to secure delay.
3.2 Any party of record may request dismissal of all or part of an appeal at any time with
notice to all parties. The Examiner may make a ruling on a motion to dismiss based upon
written arguments or may call for oral arguments.
3,3 When the issuing Department withdraws decision or action being appealed, the appeal
becomes moot and shall be dismissed.
SECTION 4: PRE-HEARING CONFERENCE
4.1
a. The Examiner may, on hislher own order, or at the request of a party of
record having standing, hold a conference prior to the hearing to structure the
scope of the hearing. The Examiner may use the conference for:
1. Identification, clarification, and simplification of the issues;
(
2. Argument of Motions Based on Law;
3. Other matters deemed by the Examiner appropriate for the orderly
and expeditious disposition of the proceedings.
b, Pre-hearing conferences may be held by telephone conference call.
c. The Examiner shall give reasonable notice to parties of any pre-hearing
conference, Notice may be written or oral.
d. All parties shall be represented at any pre-hearing conference unless they
waive the right to be present or represented.
e. Following the pre-hearing conference, the Examiner may issue an order
reciting the actions taken or ruling on motions made at the conference.
f. At the hearing the Examiner shall develop for the record the time, purpose
and result of the conference.
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SECTION 5: WITHDRAWAL
5.1 Only the Appellant may withdraw an appeal.
5,2 Where several persons, a group, organization, corporation, or other entity makes an
appeal, withdrawal shall be made by the person who had been designated as the party
representative.
5.3 An Appellant's request to withdraw shall be granted as a matter of right and the appeal
dismissed.
SECTION 6: PARTIES REPRESENTATIVE REOUIRED
When a party consists of more than one individual, or is a group, organization,
corporation, or other entity, the party shall designate an individual to be its representativè
and inform the Examiner's office of the name, address and telephone number of that
designated representative, The rights of such an Appellant shall be exercised by the
person designated as the party representative. Notice or other communication to the party
representative is considered to be notice or communication to party.
SECTION 7: NOTICE OF HEARING
7.1 Contents
The notice of hearing given to Applicant and Appellant shall be given in accordance with
ICC.
7.2 Time
Notice of the hearing shall be given within the time required by applicable ordinance(s).
If the time for notice of hearing is not specified by the applicable ordinance(s), or if
applicable ordinances conflict, minimum notice shall be 10 days.
7.3 Responsibility
The Department shall be responsible for serving notice of hearing for appeals.
7.4 Record of Notice
A copy of the notice of hearing shall be made part of each official case record.
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SECTION 8: PARTIES' RIGHTS AND RESPONSmn.ITIES
(
8.1 Although Appellants and Applicants have the right to be represented by an
attorney, representation by an attorney is not required.
8.2 Where a party has designated a representative, the representative shall exercise the rights
of the party,
8.3 All parties and others participating in and observing hearings shall conduct themselves
with civility and deal courteously with all persons involved in the proceedings.
SECTION 9: DEFAULT
9.1 The Examiner may dismiss an appeal by an order of default where the Appellant, without
good cause, fails to appear or is unprepared to proceed at a scheduled and properly
noticed hearing.
SECTION 10: HEARING FORMAT
10.1 Appeal hearings, although generally informal in nature, shall have a structured format
and shall be conducted in a manner deemed by the Examiner to make the relevant (__
evidence most readily and efficiently available to the Examiner and to provide the parties
a fair opportunity for hearing.
10.2 The order of an appeal hearing will generally be as follows:
a. Examiner's introductory statement;
b. Background presentation by Department;
c, Appellant's argument;
d. Department's presentation;
e. Applicant's presentation;
f Rebuttal;
g. Closing argument of parties,
10.3 Notwithstanding the provisions of the Jefferson County Code, the order of hearing may
be modified or a different order established as the Examiner deems necessary for a clear
and fair presentation,
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10.4 The order of presentation at hearing shall not alter or shift any bufden(s) or
presumption(s) established by applicable law(s).
SECTION 11: EXAMINER'S DECISION
11.1 A decision of the Examiner on appeal shall include, but not be limited to, a statement
regarding the following: ..
a, Background. The nature and background of the proceeding, including identification
of party representatives participating in the hearing, pre-hearing detenninations, and
other similar information.
b. Findings. The individual facts that the Examiner finds relevant, credible, and
requisite to the decision, based on the record of proceedings.
c. Conclusions. Legal and factual conclusions based upon specific provisions of law
and the findings of fact.
d. Decision. The Examiner's decision as to outcome of the appeal (affum, modify,
reverse, or remand) based upon a consideration of the whole record and supported by
substantial evidence in the record.
SECTION 12: RECORD
12.1 The record of an appeal shall include:
a. The application or petition;
b. The Departmental staff reports;
c. All evidence received which shall include oral testimony given at the hearing, all exhibits
and other materials admitted as evidence;
d. A statement of all matters officially noticed;
e. A decision or a recommended decision containing the findings and conclusions of the
Examiner;
f Recordings made on electronic equipment; and,
g. An environmental determination made pursuant to the State Environmental Policy Act of
1971 (SEPA) (if applicable),
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12.2 'FheExaminer's· administrative file¡(m ID'APJ*l case may include other information or (i J
materials, which are not part of the evidentiary record.
SECTION 13: RECONSIDERATION
13.1 Reconsideration may be granted by the Examiner on a showing of one or more of the
following:
a. Irregularity in the proceedings by which the moving party was prevented from having
a fair hearing;
b. Newly discovered evidence of a material nature, which could not, with reasonable
diligence, have been produced at hearing;
c. Clear mistake as to a material fact.
13.2 Motions for reconsideration must be filed within ten (10) working days of the date of the
Examiner's decision. Unless otherwise specifically provided by the applicable
ordinance(s), the filing of a motion for reconsideration shall not stop the period provided
to appeal the Examiner's decision.
(
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CHAPTER ill:
RULES OF APPEAL FOR CLOSED RECORD APPEALS
OF ADMINISTRATIVE DECISIONS
Application of these Rules
These Rules apply to closed record appeals of administrative decisions that approve, deny, or
condition a land use permit application.
SECTION 1: DEFINITIONS
See DEFINITIONS, Chapter 1, Section 1, of these Rules.
SECTION 2: FILING
2.1 Compliance with Rules
All appeals must comply with these Rules and with the requirements established in the
applicable Jefferson County ordinance(s) under which the appeal is filed.
2.2 Timeliness
To be considered timely filed, an appeal must be received by the Clerk of the BOCC no
later than the last day of the appeal period.
2.3 Fee
Any filing fee as required by Jefferson County Code shall accompany an appeal.
2.4 Contents
An appeal must be in writing and contain the following:
a. A brief statement as to how the Appellant is significantly affected by or interested in
the matter appealed;
b. A brief statement of the Appellant's issues on appeal, noting Appellant's specific
exceptions and objections to the decision or action being appealed;
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c, The relief requested, such as reversal or modification;
(".
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d. Signature, address, and phone number of the Appellant, and name and address of
Appellant's designated representative, if any,
SECTION 3: DISMISSAL
3.1 An appeal may be dismissed without a hearing if the Examiner detennines that it fails to
state a claim for which the Examiner has jurisdiction to grant relief, or it is without merit
on its face, frivolous, or brought merely to secure delay.
3.2 Any party of record may request dismissal of all or part of an appeal at any time with
notice to all parties. The Examiner may make a ruling on a motion to dismiss based
upon written arguments or may call for oral arguments.
3.3 When the issuing Department withdraws decision or action being appealed, the appeal
becomes moot and shall be dismissed,
SECTION 4: PRE-HEARING CONFERENCE
4.1
a.
The Examiner may, on his/her own order, or at the request of a party of record,
hold a conference prior to the hearing to structure the scope of the hearing. The
Examiner may use the conference for:
(-
1. Identification, clarification, and simplification of the issues;
2. Argument of Motions Based on Law;
3. Other matters deemed by the Examiner appropriate for the orderly and
expeditious disposition of the proceedings.
b. Pre-hearing conferences may be held by telephone conference call.
c. The Examiner shall give reasonable notice to parties of any pre-hearing
conference. Notice may be written or oral,
d. All parties shall be represented at any pre-hearing conference unless they waive
the right to be present or represent~d.
e. Following the pre-hearing conference, the Examiner may issue an order reciting
the actions taken or ruling on motions made at the conference.
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f. At the hearing the Examiner shall develop for the record the time, purpose and
result of the conference,
SECTION 5: WITHDRAWAL
5.1 Only the Appellant may withdraw an appeal.
5.2 Where several persons, a group, organization, corporation, or other entity makes an
appeal, withdrawal shall be made by the person who had been designated as the party
representative.
5.3 An Appellant's request to withdraw shall be granted as a matter of right and the appeal
dismissed.
SECTION 6: PARTIES REPRESENTATIVE REOUlRED
6,1 When a party consists of more than one individual, or is a group, organization,
corporation, or other entity, the party shall designate an individual to be its representative
and inform the Examiner's office of the name, address and telephone number of that
designated representative, The rights of such an Appellant shall be exercised by the
person designated as the party representative. Notice or other communication to the party
representative is considered to be notice or communication to party.
SECTION 7: NOTICE OF HEARING
7.1 Contents
The notice of hearing given to Applicant and Appellant shall be given in accordance with
ICC.
7.2 Time
Notice of the hearing shall be given within the time required by applicable ordinance(s).
If the time for notice of hearing is not specified by the applicable ordinance(s), or
applicable ordinances conflict, minimum notice shall be ten (10) days.
7.3 Responsibility
The Department shall be responsible for serving notice of hearing for appeals.
7.4 Record of Notice
An affidavit attesting to the notice given of a hearing (including dates and places of
publication and list of those mailed to) shall be part of each official case record.
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SECTION 8: PARTIES' RIGHTS AND RESPONSIBILITIES
8.1 Parties have the right to be represented by an attorney, Representation by an attorney is
not required.
8.2 Where a party has designated a representative, the representative shall exercise the rights
of the party.
8.3 All parties and others participating in and observing hearings shall conduct themselves
with civility and deal courteously with all persons involved in the proceedings.
SECTION 9: DEFAULT
9.1 The Examiner may dismiss an appeal by an order of default where the Appellant, without
good cause, fails to appear or is unprepared to proceed at a scheduled and properly
noticed hearing.
SECTION 10: HEARING FORMAT
10.1 APdPealh lhlebarings'dalthodu~ generally indformald bin nahturEe, s~l have amakstructurthed £lormat «
an s a e con ucte 1D a manner eeme y t e xaUllner to e e re evant
evidence most readily and efficiently available to the Examiner and to provide the
parties a fair opportunity for hearing.
10.2 The order of hearing will generally be as follows:
a. Examiner's introductory statement;
b. Background presentation by Department;
c. Appellant's argument;
d. Department's presentation;
e. Applicant's presentation;
f Rebuttal;
g, Closing argument of parties.
10.3 Notwithstanding the provisions of the Jefferson County Code, the order of hearing may
be modified or a different order established as the Examiner deems necessary for a clear
and fair presentation. <...
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lOA The order of presentation at hearing shall not alter or shift any burden(s) or
presumption(s) established by applicable law(s).
SECTION 11: EXAMINER'S DECISION
11.1 A decision of the Examiner on appeal shall include, but not be limited to, a statement
regarding the following:
a, Background. The nature and background of the proceeding, including identification of
party representatives participating in the hearing, pre-hearing detenninations, and other
similar information.
b.. Findings. The individual facts that the Examiner finds relevant, credible, and requisite to
the decision, based on the record of proceedings.
c. Conclusions, Legal and factual conclusions based upon specific provisions of law and
the findings of fact,
d. Decision. The Examiner's decision as to outcome of the appeal (affIrm, modify, reverse,
or remand) based upon a consideration of the whole record and supported by substantial
evidence in the record.
SECTION 12: RECORD
12.1 The record of an appeal shall include:
a, Department's decision or action being appealed;
b. Appeal statement;
c. Record of proceedings of decision-maker;
d. Tape recording of appeal hearing;
e. Written arguments submitted by parties.
12.2 The Examiner's administrative file on an appeal case may include other information or
materials which are not part of the evidentiary record.
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SECTION 13: RECONSIDERATION
13.1 Reconsideration may be granted by the Examiner on a showing of one or more of the
following:
a. Irregularity in the proceedings by which the moving party was prevented from
having a fair hearing;
b. Newly discovered evidence of a material nature which could not, with reasonable
diligence, have been produced at hearing;
c. Clear mistake as to a material fact,
13.2 Motions for reconsideration must be filed within ten (10) working days of the date of the
Examiner's decision. Unless otherwise specifically provided by the applicable
ordinance(s), the filing of a motion for reconsideration shall not stop the period provided
to appeal the Examiner's decision,
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CHAPTER IV: RULES OF PROCEDURE FOR APPEALS OF CODE
INTERPRETATION DECISIONS OF THE DIRECTOR
Application of these Rules
This chapter applies to appeals of code interpretation decisions issued by the Director of the
Jefferson County Department of Community Development (Director) pursuant to [Code
Interpretation Chapter, JCC].
SECTION 1: DEFINITIONS
See DEFINITIONS, Chapter 1, Section 1, of these Rules.
SECTION 2: Fll.JNG
2.1 Compliance with Rules
All appeals must comply with these Rules and with the requirements established in JCC.
2.2 Timeliness
To be considered timely filed, an appeal must be received by the Director no later than
the 21 st day after the issuance of the Director's written interpretation.
2.3 Fee
Any filing fee required by Jefferson County Code shall accompany an appeal.
2.4 Contents
An appeal must be in writing and contain the following:
a) A brief statement of the Appellant's issues on appeal, noting Appellant's specific
exceptions and objections to the decision or action being appealed;
b) Facts demonstrating how the Appellant is adversely affected by the decision
c) An explanation or documentation in support of an interpretation proposed by the
Appellant;
d) The relief requested, such as reversal or modification;
e) Signature, address, and phone number of the Appellant, and iwne and address of
Appellant's designated representative, if any. In the event an organization is the
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Appellant, one person shall be designated as the contact person for all procedural ('
matters related to the appeal.
SECTION 3: DISMISSAL
3.1 An appeal may be dismissed without a hearing if the Hearing Examiner determines that it
fails to state a claim for which the Hearing Examiner has jurisdiction to grant relief, or it
is without merit on its face, fiivolous, or brought merely to secure delay.
3.2 Any party may request dismissal of all or part of an appeal at any time with notice to all
parties, The Examiner may make a ruling on a motion to dismiss based upon written
arguments or may call for oral arguments.
SECTION 4: WITHDRAWAL
4.1 An appeal may be withdrawn only by the Appellant.
4.2 Where an appeal is made by several persons, a group, organization, corporation, or other
entity, withdrawal shall be made by the person who had been designated as the party
representative.
4.3
An Appellant's request to withdraw shall be granted as a matter of right and the appeal
dismissed.
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SECTION 5: PARTIES REPRESENrATIVE REOUIRED
When a party consists of more than one individual, or is a group, organization,
corporation, or other entity, the party shall designate an individual to be its representative
and inform the Examiner office of the name, address and telephone number of that
designated representative. The rights of such an Appellant shall be exercised by the
person designated as the party representative. Notice or other communication to the party
representative is considered to be notice or communication to party.
SECTION 6: NOTICE OF HEARING
6.1 Contents
The notice of hearing shall be provided in accordance with Code Interpretation Chapter
of the JCC.
6.2 Responsibility
The Department shall be responsible for serving notice of hearing for appeals.
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SECTION 7: PARTIES' RIGHTS AND RESPONSIBßJT1P.S
7.1 Although Appellants and Applicants have the right to be represented by an
attorney, representation by an attorney is not required.
7.2 Where a party has designated a representative, the representative shall exercise the rights
of the party.
7.3 All parties and others participating in and observing hearings shall conduct themselves
with civility and deal courteously with all persons involved in the proceedings.
SECTION 8: DEFAULT
8.1 The Examiner may dismiss an appeal by an order of default where the Appellant, without
good cause, fails to appear or is unprepared to proceed at a scheduled and properly
noticed hearing,
SECTION 9: HEARING FORMAT
9.1 The order of an appeal hearing will generally be as follows:
a.
Examiner's introductory statement;
b.
Appellant's presentation and argument;
c.
Director's presentation and argument;
d.
Applicant's presentation and argument (if applicable);
e,
Rebuttal in order of presentation.
9.2 The order of presentation at hearing shall not alter or shift any burden(s) or
presumption(s) established by applicable law(s).
9.3 At the discretion of the Examiner, the appeal hearing may be held via a telephone
conference call if all parties of record consent and provisions can be made for electronic
recording of the call.
SECTION 10: EXAMINER DECISION
10.1 A decision of the Examiner on appeal shall include, but not be limited to, a statement
regarding the following:
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a) Backaround. The nature and background of the proc.eeðing, including' identification (, ' , '
of party representatives participating in the hearing, pre-hearing. determinations, and
other similar information.
b) Findinjs. The individual facts that the Examiner finds relevant, credible, and
requisite to the decision, based on the record of proceedings.
c) Conclusions. Legal and factual conclusions based upon specific provisions of law
and the findings of fact.
d) Decision. The Examiner's decision as to outcome of the appeal (affirm, modify,
reverse, or remand) based upon a consideration of the whole record and supported by
substantial evidence in the record.
SECTION 11: RECORD
11.1 The record of an appeal shall include:
a) The written request for code interpretation;
b) The Director's written interpretation;
c) The Appellant's written appeal;
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d) All evidence received which shall include oral testimony given at the hearing, all exhibits
and other materials admitted as evidence;
e) A statement of all matters officially noticed;
f) The decision containing the findings and conclusions of the Examiner;
g) Recordings made on electronic equipment.
11.2 The Examiner's administrative file on an appeal case may include other information or
materials, which are not part of the evidentiary record,
SECTION 12: DISTRIBUTIONIFILING OF EXAMINER DECISION
12.1 The final decision of the Examiner shall be distributed by mail, fax or personal service to
all parties of record. One copy of the decision shall be filed with the Board of County
Commissioners and the Director, who shall make decisions available for public inspection. l
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