HomeMy WebLinkAbout102119_ra02 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Austin Watkins, Civil Deputy Prosecuting Attorney
DATE: October 17, 2019
SUBJECT: Deliberations on the Proposed Draft Hearing Examiner Code, Hearing Examiner
Rules of Procedure, and Amendments to the Jefferson County Code
STATEMENT OF ISSUE:
The Prosecuting Attorney's Office (PAO)presents a proposed draft ordinance for the hearing examiner
code, hearing examiner rules of procedure, and amendments to the Jefferson County Code based on public
comments and discussion at the October 7, 2019 hearing. The Board of County Commissioners should
deliberate on the proposed draft ordinance.
ANALYSIS:
In order to effectively carry out recent legislative updates, such as the Nuisance Ordinance and to facilitate
future regulatory reform, the PAO drafted a new hearing examiner code, hearing examiner rules of
procedure, and amendments to the Jefferson County Code. The hearing examiner is an appointed quasi-
judicial position which adjudicates land use permits, administrative appeals of land use decisions,
administrative appeals of non-land use decisions, and other matters, such as road vacations. Most
applications to the hearing examiner are a public hearing giving interested parties the ability to present their
case and testify regarding the issue.
These drafts have been reviewed by the Department of Community Development, the Public Health
Department,the Public Works Department, and the Jefferson County Hearing Examiner all of whom
provided valuable feedback that is reflected in the draft code being presented.
On October 7, 2019, the board of county commissioners held a public hearing on the proposed draft
ordinance in which three individuals spoke. The written comment period was open from September 11, 2019
until October 11, 2019. During the written comment period, the county received five written comments. The
written comments have been reviewed by staff and revisions to the proposed draft ordinance have been
incorporated.
Page 1 of 3
Proposed Modifications in Response to Written and Oral Comments:
• Change to proposed JCC 2.30.040 (Examiner-Qualifications) changing "should"to "shall," as
follows:
2.30.040 Examiner-Qualifications.
The examiner shall have such training or experience as will qualify the
examiner to conduct administrative or quasi-judicial hearings utilizing land use and
other regulatory codes. The examiner must have expertise and experience in land
use planning and slheuldshall have knowledge or experience in at least one of the
following areas: environmental sciences, law, public administration, architecture,
economics or engineering.
• Change to proposed JCC 2.30.070 (Hearing Examiner Rules of Procedure)to change the proposed
rule and amendment process, as follows:
2.30.070 Hearing Examiner Rules of Procedure.
(1) Initial Hearing Examiner Rules of Procedure. Initial Hearing Examiner Rules of
Procedure shall be adopted by the board of county commissioners with Chapter
2.30 JCC.
(2) Amendment of Hearing Examiner Rules of Procedure. The examiner is delegated
authority to- ndto propose amendments to the Hearing Examiner Rules of
Procedure pursuant to this section. ' • .• • .. . . •. . •- - .
- -: - ••"•'' - -• -, The examiner shall transmit a copy of
the proposed rule or amendment to the clerk of the board of county commissioners
for county commission review and possible-actienpotential approval. The Hearing
Examiner Rules of Procedure or amendment shall remain in effect unless rejected
Page 2 of 3
•• - • - - •- .-•. - • •• - .The clerk of the
board of county commissioners shall place the proposed rule or amendment on the
board of county commissioners' meeting agenda. The board of county
commissioners shall approve, modify, or deny all proposed rules or amendments
through a motion.
This revision requires all new rules and amendments proposed by the hearing examiner to be
approved, modified, or denied by motion of the board of county commissioners.
Attachments:
September 10, 2019 Staff Report
Draft Ordinance
Draft Appendix A, Proposed Hearing Examiner Code
Draft Appendix B, Proposed Hearing Examine Rules of Procedure
Draft Appendix C, Proposed Amendments to the Jefferson County Code
Public Comments
Summary of Public Comments
FISCAL IMPACT:
No fiscal impacts are anticipated from the proposed ordinance as the hearing examiner is currently budgeted
through existing general funds and application revenue. There may be an increase in administrative costs
associated with the enhanced role of the office of the hearing examiner; however, this cost should be offset
by application revenue supporting the hearing examiner.
RECOMMENDATION:
Deliberate on the proposed draft ordinance and take potential action adopting the proposed draft ordinance.
REVIEWED BY:
,
/0(2"77
'hilip Mo Cotint-r-Arlffillifkrator Date
Page 3 of 3
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance amending the Jefferson
County Code Relating to the Hearing
Examiner System and Procedures for
Processing and Administering Land Use
Permits, Repealing and Replacing the
Jefferson County Code Relating to the
Hearing Examiner, and Adopting the
Hearing Examiner Rules of Procedure
For Unincorporated Areas of Jefferson
County
ORDINANCE NO.
WHEREAS, RCW 36.70.970, RCW 36.87.060(2), RCW x;5.240, RCW 43.21A.075,
RCW 58.17.330, RCW 7.80.010(5), and WAC 458-14-136 authoriids°,county governments to
adopt a hearing examiner system which conducts quasi-judicial hearing's peals usually heard
by the board of county commissioners, board of adjustment, or planning commission; and,
WHEREAS, Jefferson County established a hearing examiner system in 1991 to
adjudicate land use applications and appeals, road vacation applications, and other proceedings as
assigned; and, Ilk --
o.....,
WHEREAS, Jefferson County recently has adopted legislation delegating additional non -
land use proceedings to the hearing examiner, such as the public nuisance ordinance and operating
permits under the commercial shooting facility ordinance; and,
WHEREAS, Jefferson County has a need for the hearing examiner to adjudicate land use
and non -land use applications, hearings, and appeals in a single combined quasi-judicial system,
except where appeals to the Jefferson County Board of Health are required; and,
WHEREAS, the Jefferson County hearing examiner ordinances have not been updated to
reflect the hearing examiner's current duties, practices, or rules; and,
WHEREAS, Jefferson County adopted these changes to the hearing examiner system to
ensure a consistent quasi-judicial process for land use and non -land use proceedings; and,
WHEREAS, Chap er 36.70A and 36.70B RCW authorize local governments to adopt
procedures for timely and consistently processing land use applications; and,
WHEREAS, the proposed Hearing Examiner Code and Hearing Examiner Rules of
Procedure provide further procedures and processes for hearings and appeals conducted before the
hearing examiner; and,
WHEREAS, the proposed changes to the Jefferson County Code include amendments to
streamline and clarify permit processing, including amendments to the permit processing timeline,
Pagel of 3
vesting of land use applications, authority of Title 18 Jefferson County Code (Unified
Development Code) Administrator to revoke or modify approved permits, and expiration of land
use applications; and,
WHEREAS, the proposed changes to the Jefferson County Code are not development
regulations under the Unified Development Code as the adopted changes relate solely to
administrative processes and procedural regulations; and,
WHEREAS, the board of county commissioners (BoCC) has held a hearing and has
received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made,
NOW, THEREFORE, be it ordained by the BoCC as fol . ..
Section 1. Findings. The BoCC hereby adopts the above recitals, (the "WHEREAS"
statements) as its findings of fact in support of this Ordinance.
Section 2. Chapter 2.30 JCC Adopted. Chapter 2.30 JCC shall be added as set forth in
Appendix A.
Section 3. Hearing Examiner's Rule of Procedure Ado ted_ The Hearing Examiner's Rule
of Procedures is adopt asset. rth in Appendix B.
"IA
AW
WW
4. Amendments to Title 12 and 18 JCC. This r inance amends Title 18 JCC by
repealing JCC 18.05.080, 18.05.085, 18.40.300, and 18.40.310. This Ordinance amends Title 12
and 18 JCC by amending JCC 12.10.060, 18.10.010, 18.10.030, 18.10.080, 18.10.160, 18.40.040,
18.40.080, 18.40.150, 18.40.170, 18.41.180, 18.40.190, 18.40.280, 18.40.320, 18.40.330,
18.40.390, and 18.40.810. This Ordinance adds sections in Chapter 18.40 JCC relating to
expiration of applications, vesting of applications, and suspension, modification, and revocation
of permits. Amendments are set forth in Appendix C with strikethroughs as deletions and
underlines as additions.
Section 5. Severability. The provisions of this Ordinance are declared separate and
severable. If any provision of this Ordinance or its application to any person or circumstances is
held invalid, then the remainder of this Ordinance or application of its provisions to other persons
or circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. On October 4, 2019, the State Environmental Policy Act
(SEPA) Responsible Official issued a Determination of Non -Significance (DNS). The DNS was
issued under WAC 197-11-340(l) and did not require notice, circulation, or a comment period. In
the alternative, this ordinance is categorically exempt from SEPA under WAC 197-11-800(19).
Page 2 of 3
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
ADOPTED this day of 2019, at
a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Kate ate,, Chair
,t
avid Sullivan, Member
ATTEST:
Member
kS TO FORM:
Philip C. Hunsucker, Date
,Chief Civil Deputy Prosecuting Attorney
Page 3 of 3
Appendix A
Chapter 2.30
HEARING EXAMINER
Sections•
2.30.010 Purpose.
2.30.020 Office Created.
2.30.030 Definitions.
2.30.040 Examiner — Qualifications.
2.30.050 Selection of Examiner.
2.30.060 Examiner — Conflict of Interest and Freedom from Improper Influence.
2.30.070 Hearing Examiner Rules of Procedure.
2.30.080 Examiner — Powers and Duties.
2.30.090 Procedures for Hearings.
2.30.100 Appeals of Administrative Decisions to the Examiner.
2.30.110 Departmental Reports to the Examiner.
2.30.120 Examiner's Decision.
2.30.130 Finality and Appeal of Examiner's Decision.
2.30.140 Suspension, Revocation, or Modification of a Decision, Approval, or Permit
2.30.150 Conflicts with Other More Specific Provisions.
2.30.160 Severability.
2.30.010 Purpose.
(1) The board of county commissioners for Jefferson County recognizes the need to provide
efficient and effective hearings procedures which integrate land use and non -land use
hearings.
(2) The purpose of this chapter is:
(a) To establish a single hearing examiner system, establish the authority of the
examiner, authorize public rules, and provide orderly procedures for those matter
within the examiner's authority; and,
(b) To create a single hearing and appeal system for license, land use, and
administrative decisions that do not require an appeal to the board of health.
Proposed Chapter 2.30 JCC
Page 1 of 13
2.30.020 Office Created
The office of Jefferson County Hearing Examiner is hereby created. The examiner's office
shall be under the administrative supervision of the examiner. The office shall be separate and
distinct from any other county officer or department.
2.30.030 Definitions
The following definitions shall apply in the interpretation of this chapter:
(1) "Administrative decision" means a final decision by a county official, director, or the
Unified Development Code Administrator.
(2) "Aggrieved person" means a person subject to a decision by the examiner under this chapter
and other persons if:
(a) The decision has prejudiced or is likely to prejudice that person;
(b) The person's asserted interests are among those that the county was required to
consider when the examiner made the decision;
(c) The person is a party of record, as defined in JCC 2.30.030(18); and,
(d) A judgment or final decision in favor of that person would substantially eliminate or
redress the prejudice to that person or entity caused or likely to be caused by the final
decision.
(3) "Board of Health" mean the Jefferson County Board of Health.
(4) "County" means Jefferson County, Washington.
Proposed Chapter 2.30 JCC
Page 2 of 13
(5) "Department" means the county department assigned to execute the applicable JCC
chapter.
(6) "Departmental Report" means the document prepared by the department staff pursuant to
this chapter or the Hearing Examiner Rules of Procedure.
(7) "Director" means: (a) county department head; or, (b) authorized representatives of the
county department head.
(8) "Examiner" means the Jefferson County Hearing Examiner or any deputy examiner.
(9) "Hearing" means quasi-judicial or administrative cases involving the legal rights of specific,
identifiable parties, within the examiner's jurisdiction, and in which the examiner
adjudicates the case or makes a recommendation to the board of county commissioners.
(10) "Hearing Examiner Rules of Procedure" means the public rules adopted pursuant to JCC
2.30.070.
(11) "JCC" means the Jefferson County Code as it exists now or may be amended.
(12) "Land use hearings" includes the hearings enumerated in JCC 2.30.080(2)(a).
(13) "May" means optional and permissive, and does not impose a requirement.
(14) "Non -land use hearings" includes the hearings enumerated in JCC 230.080(2)(b) and JCC
2.30.080(3).
(15) "Official record" means the written and oral information, exhibits, reports, testimony, and
other evidence submitted in a timely manner and accepted by the examiner, consistent with
the Hearing Examiner Rules of Procedure.
(16) "Open record hearing" means a hearing, conducted by a single hearing body or officer that
creates the official record through testimony and submission of evidence and information,
under procedures prescribed by ordinance or resolution. An open record hearing may be
Proposed Chapter 2.30 JCC
Page 3 of 13
held prior to the decision on a project permit to be known as an "open record predecision
hearing." An open record hearing may be held on an appeal, to be known as an "open record
appeal hearing," if no open record predecision hearing has been held on the project permit.
(17) "Parties of record" means persons or entities who wish to receive a copy of the examiner's
decision and notice of upcoming hearings. "Parties of record" include the applicant,
appellant, petitioner, respondent, their agents and representatives, the county, and persons
or entities who: indicate on a sign-up sheet, at a public hearing, that they wish to become a
party of record; or, for public hearings specifically advised the examiner's office by
individual written letter or electronic mail of their desire to become a party of record.
Persons who only signed petitions or mechanically produced form letters may be excluded
as parties of record. For special hearings under JCC 2.30.090(2), parties of records are
limited to the principal parties, as defined in JCC 2.30.030(19).
(18) "Person" means person as that term is defined in RCW 1.16.080.
(19) "Principal party" means and is limited to the applicant, appellant, department, respondent,
petitioner, their agent(s) or attorney(s), and the county in matters pending before the
examiner.
(20) "Special Hearing" means a hearing, conducted by a single hearing body or officer that
creates the official record through testimony and submission of evidence and information,
under procedures prescribed by ordinance or resolution. Special hearings do not include
written or oral public comment, or public testimony periods. Only persons called as
witnesses by a principal party or the examiner will be allowed to testify.
(21) "RCW" means the Revised Code of Washington as it exists now or may be amended.
(22) "Shall" means mandatory and imposes a requirement.
Proposed Chapter 2.30 JCC
Page 4 of 13
(23) "Unified Development Code administrator" means the Jefferson County department of
community development director or a designee.
2.30.040 Examiner — Qualifications.
The examiner shall have such training or experience as will qualify the examiner to conduct
administrative or quasi-judicial hearings utilizing land use and other regulatory codes. The
examiner must have expertise and experience in land use planning and shall have knowledge or
experience in at least one of the following areas: environmental sciences, law, public
administration, architecture, economics or engineering.
2.30.050 Selection of Examiner.
The examiner shall be selected by the board of county commissioners. The term of the
appointment for the examiner shall be pursuant to a contract executed by the board of county
commissioners.
2.30.060 Examiner — Conflict of Interest and Freedom from Improper Influence.
(1) The appearance of fairness doctrine, as set forth in Chapter 42.36 RCW, shall apply to the
examiner and all deputy examiners.
(2) No county commissioner, county official, county employee, or any other person shall
interfere or attempt to interfere with the examiner or deputy examiners in the
performance of their designated duties.
Proposed Chapter 2.30 JCC
Page 5 of 13
2.30.070 Hearing Examiner Rules of Procedure.
(1) Initial Hearing Examiner Rules of Procedure. Initial Hearing Examiner Rules of
Procedure shall be adopted by the board of county commissioners with Chapter 2.30
JCC.
(2) Amendment of Hearing Examiner Rules of Procedure. The examiner is delegated
authority to propose amendments to the Hearing Examiner Rules of Procedure pursuant
to this section. The examiner shall transmit a copy of the proposed rule or amendment to
the clerk of the board of county commissioners for county commission review and
potential approval. The clerk of the board of county commissioners shall place the
proposed rule or amendment on the board of county commissioners' meeting agenda. The
board of county commissioners shall approve, modify, or deny all proposed rules or
amendments through a motion.
2.30.080 Examiner — Powers and Duties.
(1) The examiner shall have the power to appoint deputy examiners, subject to confirmation
by the board of county commissioners. The deputy examiners shall assist the examiner in
the performance of the duties conferred upon the examiner and shall have all the powers
and duties of the examiner.
(2) The examiner shall receive and examine available relevant evidence, conduct hearings,
cause preparation of the official record, prepare and enter findings of fact and conclusions
of law, and issue final decisions for:
(a) Land Use Hearings:
(i). Type III land use decisions pursuant to Chapter 18.40 JCC;
Proposed Chapter 2.30 JCC
Page 6of13
(ii). Appeals of Type II land use decisions pursuant to Chapter 18.40 JCC;
(iii). Appeals of administrative interpretations made pursuant to Article VI of
Chapter 18.40 JCC;
(iv). Appeal of a SEPA threshold determination made pursuant to Article C of
Chapter 18.40 JCC, except for determinations of significance;
(v). Hearings to suspend, revoke, or modify an issued examiner's decision,
approval, or permit for land use matters under JCC 18.40.325; and,
(vi). Any other land use hearing not prohibited by law assigned by the board of
county commissioners through an ordinance.
(b) Non -Land Use Hearings.
(i). Operating permits for a new commercial shooting facility under Article III
of Chapter 8.50 JCC (Commercial Shooting Facilities);
(ii). Appeal of an administrative decision regarding operating permits for
existing commercial shooting facilities under Article III of Chapter 8.50
JCC (Commercial Shooting Facilities);
(iii). Administrative appeals under Chapter 8.90 JCC (Public Nuisances);
(iv). Hearings for vehicle nuisances under Chapter 8.90 JCC (Public
Nuisances);
(v). Appeal of an administrative decision regarding sexually oriented business
licenses under Chapter 5.10 JCC (Licensing and Operation of Sexually
Oriented Business Facilities);
(vi). Hearings to suspend, revoke, or modify an issued examiner's decision,
approval, or permit for non -land use matters under JCC 2.30.140; and,
Proposed Chapter 2.30 JCC
Page 7of13
(vii). Any other non -land use proceeding not prohibited by law assigned by the
board of county commissioners through an ordinance.
(3) The examiner shall receive and examine available relevant information, including
environmental documents, conduct hearings, cause preparation of the official record,
prepare and enter findings of fact and conclusions of law, and issue recommendations to
the board of county commissioners for road vacations under Chapter 12.10 JCC (non -
land use hearing).
(4) Subpoena Authority. The examiner shall have the authority to issue subpoenas
compelling the appearance of witnesses, the production of documents or other physical
evidence, and the inspection of physical evidence.
2.30.090 Procedures for Hearings.
(1) Open Record Hearings. All hearings, except a special hearing under JCC 2.30.090(2),
shall be conducted as an open record hearing permitting written or oral public comment,
and public testimony periods, in accordance with this section and the Hearing Examiner
Rules of Procedure.
(2) Special Hearings. Special hearings shall be conducted on the official record and shall be
conducted in accordance with this section and the Hearing Examiner Rules of Procedure.
Special hearings do not include written or oral public comment, or public testimony
periods. Only persons called as witnesses by a principal party or the examiner will be
allowed to testify.
(a) Applicability. The following hearings are special hearings:
Proposed Chapter 2.30 JCC
Page 8 of 13
(i). Appeal of an administrative decision regarding operating permits for
existing commercial shooting facilities under Article III of Chapter 8.50
JCC (Commercial Shooting Facilities);
(ii). Administrative appeals under Chapter 8.90 JCC (Public Nuisances);
(iii). Hearings for vehicle nuisances under Chapter 8.90 JCC (Public
Nuisances);
(iv). Appeal of an administrative decision regarding sexually oriented business
licenses under Chapter 5.10 JCC (Licensing and Operation of Sexually
Oriented Business Facilities);
(v). Hearings to suspend, revoke, or modify an issued examiner's decision,
approval, or permit for non -land use matters under JCC 2.30.140; and,
(vi). Hearings to determine compliance with examiner's conditions or permit
criteria under Chapter 2.30 JCC.
(3) Notice. Notice of land use hearings shall be noticed in accordance with Article III of
Chapter 18.40 JCC or the applicable JCC provision. Notice of non -land use hearings shall
be noticed in accordance with the applicable JCC provision.
(4) Continuances. If for any reason the hearing cannot be completed on the date set, the
examiner may direct that the hearing be continued. If the date, time, and place at which
the continued hearing will be held is announced publicly at the hearing from which the
continuance is made, then no further notice of the continued hearing is required.
Proposed Chapter 2.30 JCC
Page 9of13
2.30.100 Appeals of Administrative Decisions to the Examiner.
(1) Right to Appeal. Any aggrieved person, as defined in JCC 2.30.030(2), may file a notice
of appeal for administrative decisions authorized under JCC 2.30.070(2). Appeals shall
be in accordance with this section and the Hearing Examiner Rules of Procedure.
(2) Consolidation. If more than one person files an appeal of an administrative decision, the
examiner may consolidate such appeals.
(3) Scope of Authority. The examiner may affirm, dismiss, or reverse wholly or in part, or
may modify the administrative decision, order, requirement, or determination. If the
examiner reverses the decision, the entire action shall be remanded to the Unified
Development Code Administrator or director for an action consistent with the examiner's
decision.
(4) Dismissal of Appeal. The examiner may dismiss an appeal in accordance with the
Hearing Examiner Rules of Procedure.
2.30.110 Departmental Reports to the Examiner.
When an application, appeal, or hearing is scheduled to be heard by the examiner, the
department shall prepare a departmental report summarizing the facts involved in the
department's findings and recommendations.
2.30.120 Examiner's Decision.
(1) The examiner's decision shall be in accordance with this section and the Hearing
Examiner Rules of Procedure.
(2) When applicable, the examiner's decision shall be consistent with RCW 36.70.970.
(3) The examiner may: (a) approve the requested permit or decision; (b) deny the requested
permit or decision; (c) modify the requested permit or decision; (d) affirm the county's
Proposed Chapter 2.30 JCC
Page 10 of 13
action or decision; (e) dismiss the county's decision or action; or, (f) modify the county's
decision or action. The examiner may grant part of the requested action, but deny another
part of the requested action. The examiner may deny the requested permit or decision
with prejudice (reapplication or resubmittal is not permitted for one year) or without
prejudice (reapplication or resubmittal is permitted). The examiner may remand
administrative appeals to the director for action consistent with the examiner's decision.
(4) For road vacations under Chapter 12.10 JCC, the examiner may recommend approval,
approval with conditions, or denial to the board of county commissioners.
(5) The examiner has the authority, in accordance with the Hearing Examiner Rules of
Procedure, to clarify a decision, reconsider a part or all of their decision, and correct
clerical mistakes in a decision.
(6) The examiner has the authority to impose conditions that have a nexus to the county's
interest and are roughly proportional to the impacts of the notice, order, permit, decision,
determination, or other action being considered by the examiner.
2.30.130 Finality and Appeal of Examiner's Decision.
(1) Finality. The examiner's decision on all matters is final and conclusive after
reconsideration or clarification, unless appealed.
(2) Appeals, Except Shoreline Decisions. All decisions of the examiner shall be appealable to
a court of competent jurisdiction consistent with applicable state law, such as Chapter
36.70C RCW (Land Use Petition Act) or Chapter 7.16 RCW, except appeals of certain
shoreline decisions. For the avoidance of doubt, examiner recommendations to the board
of county commissioners pursuant to JCC 2.30.120(4) are not final decisions and,
therefore, are not appealable under this section.
Proposed Chapter 2.30 JCC
Page 11 of 13
(3) Appeals of Shoreline Decisions. The decision of the examiner on matters under Chapter
18.25 JCC (Shoreline Master Program) may be appealable to the Shorelines Hearings
Board in accordance with Chapter 90.58 RCW or other applicable state law.
2.30.140 Suspension, Revocation, or Modification of a Decision, Approval, or Permit
(1) The examiner may revoke or modify any decision, approval, or permit after notice to the
principal parties, a recommendation from a director, after a hearing consistent with the
Hearing Examiner Rules of Procedure, and upon written findings when:
(a) Decision, approval, or permit was obtained by fraud, misrepresentation, or
clear inadvertent error;
(b) Use for which such decision, approval, or permit was granted is not being
exercised within three years of approval, unless the decision, approval, or permit
provides for a greater period of time or the director has authorized an allowable
extension of time;
(c) Use for which decision, approval, or permit was granted ceased to exist or
has been suspended for three years or more, unless the director has authorized an
allowable extension of time;
(d) Decision, approval, or permit is being, or recently has been exercised
contrary to the terms or conditions of such decision, approval, or permit or is in
violation of any local or state law or regulation; or,
(e) Use for which decision, approval, or permit was granted was so exercised
as to be detrimental to the public health or safety, or so as to constitute a public
nuisance.
Proposed Chapter 2.30 JCC
Page 12 of 13
2.30.150 Conflicts with Other More Specific Provisions.
If any provision of this chapter conflicts a with more a specific provision of the JCC, the
more specific JCC provision applies.
2.30.160 Severability.
If any provision of this chapter or its application to any person or circumstance is held
invalid, the remainder of the chapter or the application of the provision to other persons or
circumstances shall not be affected.
Proposed Chapter 2.30 JCC
Page 13 of 13
APPENDIX B
JEFFERSON COUNTY HEARING EXAMINER RULES OF PROCEDURE
10/15/2019
Table of Contents
RULE 1
GENERAL REQUIREMENTS.................................................................................3
1.1
Definitions...................................................................................................................3
1.2
Jurisdiction and Authority of Examiner.........................................................................4
1.3
Appearance of Fairness Considerations.........................................................................4
1.4
Ex Parte Communication..............................................................................................4
1.5
Expeditious Hearings....................................................................................................5
1.6
Frequency of Hearings..................................................................................................5
1.7
Disclosure and Availability of Records.........................................................................5
1.9
Site Visits.....................................................................................................................5
1.10
Computation of Time....................................................................................................6
1.11
Conflicts.......................................................................................................................6
1.12
Service.........................................................................................................................6
1.12
Transmittal of Decisions, Orders, Motions, and Other Documents by Examiner ...........6
RULE 2
SCHEDULING, NOTICING, AND AGENDAS OF HEARINGS .............................6
2.1
General Rules...............................................................................................................6
2.2
Continuation or Postponement of Hearing....................................................................7
2.3
Notice Requirements....................................................................................................7
2.4
Consolidation...............................................................................................................7
2.5
Hearing Agendas..........................................................................................................7
RULE 3
PRE -HEARING PROCEDURES..............................................................................8
3.1
Notice of Appeal...........................................................................................................8
3.2
Pre -Hearing Conference................................................................................................8
3.3
Pre -Hearing Motions....................................................................................................9
3.4
Subpoenas..................................................................................................................10
3.5
Discovery Prohibited..................................................................................................11
RULE4
RECORD................................................................................................................11
4.1
Content of the Record.................................................................................................
11
Hearing Examiner Rules of Procedure — 10/15/2019
Page 1 of 24
4.2
Departmental Reports.................................................................................................12
4.3
Availability of the Record and Timing Requirements for Record Submissions ............
13
RULE 5
HEARING PROCEDURES.....................................................................................14
5.1
Rights of Parties of Record.........................................................................................14
5.2
Responsibilities of County Staff..................................................................................14
5.3
Responsibilities of Applicant, Appellant, Petitioner, or Respondent ............................14
5.4
Responsibilities of All Involved Parties, Witnesses, and Observers .............................14
5.5
Responsibilities of the Examiner.................................................................................15
5.6
Parties of Record........................................................................................................15
5.7
Presence of Legal Counsel at Hearings.......................................................................16
5.8
Oath or Affirmation....................................................................................................16
5.9
Hearing Conducted as an Open Record Hearing, Unless a Special Hearing .................16
5.10
Special Hearings.........................................................................................................17
5.11
General Process of an Open Record Hearing...............................................................17
5.12
General Process of Special Hearings...........................................................................17
5.13
Default.......................................................................................................................18
5.14
Evidence.....................................................................................................................18
5.15
Recording of Hearings................................................................................................20
RULE 6
POST -HEARING PROCEDURES..........................................................................20
6.1
Examiner's Decision...................................................................................................20
6.2
Re -Opening a Hearing................................................................................................21
6.3
Clerical Mistakes........................................................................................................22
6.4
Setting Aside and Vacating a Default Order................................................................22
6.5
Reconsideration..........................................................................................................22
6.6
Clarification................................................................................................................23
6.7
Appeals of Decisions..................................................................................................23
RULE 7
WITHDRAWAL OF APPLICATION, PETITION, OR APPEAL ...........................24
7.1
Procedure to Withdraw...............................................................................................24
7.2
Effect of Withdrawal..................................................................................................24
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RULE 1 GENERAL REQUIREMENTS
1.1 Definitions
The definitions in JCC 2.30.030 and the following additional definitions shall apply in
the interpretation of these Rules.
(a) "Administrative appeal" means any appeal for which jurisdiction is assigned to
the examiner under the JCC.
(b) "Appellant" means the person or organization who has filed an appeal before the
examiner.
(c) "Applicant" means the person or organization, or authorized representative of
either, seeking county approval of one or more permits or licenses over which the
examiner has jurisdiction.
(d) "Clearly erroneous standard of review" means a decision is presumed to be
correct and although there may be evidence to support a decision, on the entire record
the examiner is left with the firm and definite conviction that a mistake has been
committed.
(e) "De novo standard of review" means that the examiner determines whether legal
issues where correctly decided.
(fl "ERs" means the Washington State Court Rules of Evidence.
(g) "Ex Parte communication" means any communication between any participant in
a hearing and the examiner that occurs outside of the hearing, in the absence of the other
participants.
(h) "Examiner's office" means the county administrative office assigned to assist the
examiner with procedural and administrative tasks.
(i) "Motion" means a written request made to the examiner for an order or other
ruling, or an oral request made during a hearing.
0) "New evidence" means any and all evidence that is submitted or received after the
date the examiner closes the official record. The official record is closed at the end of the
hearing, unless the examiner specifically allows the official record to remain open for a
time certain.
(k) "Order" means a written determination of the examiner, which directs a party of
record to the hearings to act or to refrain from acting.
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(1) "Preponderance of the evidence" means after considering all the evidence on the
record and/or at the hearing that the proposition on which that party has the burden of
proof is more probably true than not true.
(m) "Register" means the Parties of Record Registry, as described in Rule 5.6(b),
which includes a place for entry of the full name, mailing address, phone number, and
email address of parties of record.
(n) "Rules" means the Hearing Examiner Rules of Procedure as they exist now or
may be amended.
(o) "SEPA" means the State Environmental Policy Act, Chapter 43.21C RCW.
(p) "Special Hearings" means hearings, as described in JCC 2.30.090(2), which are
on the official record, but not do not require a public hearing.
(q) "Substantial evidence standard of review" means that the examiner's review is
deferential and requires the examiner to view the evidence and reasonable inferences
therefrom in the light most favorable to the party who exercised the fact-finding.
(r) "WAC" mean the Washington Administrative Code as it exists now or may be
amended.
12 Jurisdiction and Authority of Examiner
The examiner's authority is established by Chapter 2.30 JCC. The examiner's
jurisdiction is limited to those matters specifically identified in the JCC or assigned to
the examiner by the board of county commissioners.
1.3 Appearance of Fairness Considerations
All hearings before the examiner are subject to the appearance of fairness doctrine and
Chapter 42.36 RCW. The examiner who is scheduled to hear a case shall not serve as a
mediator or settlement facilitator on the case, nor participate in any way in a settlement
conference. The examiner shall be disqualified from a hearing in which the examiner's
impartially is reasonably questioned. The examiner shall be guided by the provisions and
interpretations of the Code of Judicial Conduct. If the examiner is disqualified, a deputy
examiner shall serve in the examiner's place.
1.4 Ex Parte Communication
(a) Ex Parte Communication with Examiner. No person, nor their agent, employee,
or representative, who is interested in a particular hearing pending before the
examiner shall communicate ex parte, directly or indirectly, with the examiner
concerning the merits of that or a related hearing. Any communication submitted
in this manner shall not be considered a part of the record established on the
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hearing. This rule shall not prohibit ex parte communication concerning
procedural matters.
(b) Ex Parte Communication from Examiner. The examiner shall not communicate
ex parte directly or indirectly with any interested person, nor their agent,
employee, or representative, with regard to the merits of hearing that is pending
before the examiner or a factually related hearing.
(c) Disclosure. If a prohibited ex parte communication is made to or by the examiner,
such communication shall be disclosed by the examiner at the outset of the
hearing. The examiner shall exercise proper discretion whether the examiner
should be disqualified as the examiner for that particular hearing.
15 Expeditious Hearings
It is the policy of the examiner to conduct matters expeditiously to the extent practicable
and consistent with requirements of law.
16 Frequency of Hearings
Hearings will be scheduled through the examiner's office. There may be more than one
case scheduled to commence at the same time and in such event the examiner shall have
discretion in setting the agenda.
17 Disclosure and Availability of Records
(a) The decision of the examiner, once issued, is a public record and shall be made
available for public review.
(b) The examiner is authorized to certify or authenticate those documents accepted
into the record on any matter before the examiner.
18 Exceptions to Rules
These Rules are designed to address most normal circumstances arising when dealing
with matters before the examiner. However, in the event that an unanticipated situation
arises which does not lend itself to the full, literal compliance with a Rule, the examiner
reserves the right to exercise discretion to address such circumstances.
1.9 Site Visits
When necessary to obtain a full understanding of the case, an examiner may view the
site prior to, during, or subsequent to the hearing. The site visit is not part of the record.
Failure to view the site shall not render the examiner's decision void. Provided,
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however, the examiner shall not enter private property without consent or without the
authority of law.
1.10 Computation of Time
Computation of any period of time prescribed or allowed by these Rules, ordinances of
Jefferson County, and the State of Washington shall begin with the first day following
the act or event initiating such period of time 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 following business day.
1.11 Conflicts
These Rules are adopted to supplement the requirements of the JCC. Any conflict
between the rules and any provisions of the JCC, the JCC provisions shall prevail.
1.12 Service
Filings shall be served concurrently on the principal parties by United States Postal
Service (USPS) first class mail and filed with the examiner's office. Service shall be
complete upon the third day following the day upon which they are placed in the mail,
unless the third day falls on a Saturday, Sunday, or legal holiday, in which event service
shall be deemed complete on the first day other than a Saturday, Sunday, or legal
holiday, following the third day. If possible, filings shall also be sent via email to
principal parties. Principal parties may agree to service via email in lieu of USPS
mailing.
1.12 Transmittal of Decisions, Orders, Motions, and Other Documents by Examiner
The examiner's office shall transmit decisions, orders, motions, and other documents
issued by the examiner to parties of record by: (1) via USPS first class mail; (2) via email
if the party of record has consented; or, (3) via a notice sent by USPS first class mail with
a summary of the decision, order, motion, or other document and the physical or
electronic location and availability of the document(s).
RULE 2 SCHEDULING, NOTICING, AND AGENDAS OF HEARINGS
2.1 General Rules
(a) The examiner shall have sole authority over the scheduling of hearings within its
jurisdiction. A department requesting initial hearing dates shall send a request to
the examiner's office, who shall confirm requests. If a hearing date is rejected, the
examiner's office shall provide the department with additional dates. More than
one hearing may be scheduled for a particular date, if, in the opinion of the
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examiner, it is reasonable to expect that two or more hearings could be heard on
that date.
(b) A department shall notify the examiner's office if it anticipates a large volume of
cases, or cases requiring multiple hearing dates. The examiner may reschedule
hearings if the volume of hearings, reconsiderations, or clarifications exceeds the
examiner's capacity.
(c) After a hearing date is confirmed by the examiner's office, a department may
request to cancel or reschedule the hearing. The examiner's office shall make best
efforts to accommodate a cancellation or rescheduling.
22 Continuation or Postponement of Hearing
Any principal party may request or the examiner may grant on their own initiative a
continuation or postponement of a hearing based on a showing of good cause. The
request shall be in the form of a written motion, presented in a timely manner, which
shall be served on other principal parties. The examiner may consider oral or telephonic
continuation requests at the scheduled hearing. More than one request for continuance
per principal party is disfavored. The examiner shall have discretion to grant or deny the
request for continuance.
23 Notice Requirements
(a) All notice, time requirement, and methods of notification shall be consistent with
Chapter 2.30 JCC, in addition to other applicable provisions of the JCC and
Washington law.
(b) A declaration attesting to the notice given of the hearing, including dates and
places of publication, persons and addresses noticed, and lists of addresses for
adjacent property owners shall be part of the record for each case.
(c) A list of parties of record may be obtained from the examiner's office.
2.4 Consolidation
Upon a recommendation from a department, request by a principal party, or on the
examiner's own initiative, the examiner may consolidate separate permit applications,
appeals, license applications, or other actions into a single or multiple hearings when the
issues are part of a common scheme or plan.
25 Hearing Agendas
(a) The examiner's office shall prepare an agenda for each hearing before the
examiner, listing the date and place of the hearing, the time each case is
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scheduled to be heard, an indication of the nature of each case to be considered,
and a concise description of the location of the property affected, if applicable.
(b) The agenda shall be distributed to the examiner, posted at the department, and
posted on the examiner's office website at least 5 days prior to the hearing date.
RULE 3 PRE -HEARING PROCEDURES
31 Notice of Appeal
(a) Purpose and Timing. A notice of appeal, together with the appropriate appeal
fee, shall be filed with the examiner's office within 15 days of the date of the
administrative decision. For enforcement actions under Chapter 8.90 JCC
(Public Nuisances) an appeal or hearing fee shall not be required to file an
appeal or hearing. However, the examiner may assign the costs of the hearing or
appeal after the hearing.
(b) Content of Notice of Appeal. A notice of appeal from an administrative decision
shall, at a minimum contain the following information: (1) full name; (2)
mailing address; (3) e-mail address (if available); (4) file number, license
number, or other identifying number; (5) a copy of any decision, license, order,
or other administrative decision; (6) a concise statement of the factual and legal
basis for the appeal citing specifically the alleged errors in the administrative
official's decision; and, (7) the specific relief sought.
3.2 Pre -Hearing Conference
(a) Purpose. The examiner, in their sole discretion, may hold a pre -hearing
conference. The pre -hearing conference may be held telephonically. Pre -hearing
conferences are designed to promote efficient case management of complex
cases by providing an informal process for early identification of issues,
limitation of issues, and resolution of procedural matters.
(b) Time. When a pre -hearing conference is requested by one or more principal
parties or when the examiner finds that a pre -hearing conference is necessary,
the examiner shall establish the date, time, and place for the conference, in
consultation with the principal parties. The pre -hearing conference must be
noticed in accordance with Rule 2.3. However, the examiner may decide the
pre -hearing motions without oral arguments and without a meeting.
(c) Request. The pre -hearing conference request must be in writing. The request
must be received at least 20 days prior to the hearing. The request must indicate
the reasons for the pre -hearing conference and identify issues or motions the
examiner will be asked to resolve prior to the hearing. If the request is granted, a
notice to the principal parties shall be given.
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(d) ScoUe. At the pre -hearing conference, the examiner shall: (1) identify, clarify,
limit, or simplify the issues; (2) hear and consider motions filed under Rule 3.4
(subpoenas); (3) establish the hearing's schedule; (4) clarify the identity of
parties and representatives for groups or organizations; (5) identify expert
witnesses; (6) determine the order and limits upon testimony, if any; (7)
establish a schedule for the filing of briefs, if needed; (8) authorize the issuance
of subpoenas or subpoenas duces tecum; (9) obtain stipulations as to fact(s) or
law(s); and, (10) consider and act upon any other matter which may assure an
efficient and orderly hearing.
(e) Order on Pre -Hearing Conference. Following a pre -hearing conference with or
without oral arguments, the examiner shall issue an order specifying all items
agreed to or decided upon. The order shall be binding.
3.3 Pre -Hearing Motions
(a) Scope and Timing. A principal party may request summary dismissal, summary
judgement, a limitation on the introduction of evidence or testimony, subpoenas,
or other matters through a timely pre -hearing motion. A party of record may
submit a pre -hearing motion as otherwise prescribed in these Rules. Except as
otherwise provided in these Rules, pre -hearing motions must be filed in writing
by any principal party at least 20 days prior to the hearing. Motions and
responsive pleadings shall be concurrently served on principal parties and the
examiner's office, consistent with Rule 1.12. The opposing party may file a
responsive pleading with the examiner's office and serve it on principal parties
no later than 10 days prior to the hearing. Late filings or responses may be
considered by the examiner upon a request by the examiner or a showing of
good cause.
(b) Contents. A motion shall provide a concise statement of the factual and legal
basis for the motion and may be accompanied by a supporting legal brief. A
motion and accompanying brief shall not exceed 10 pages, double spaced, in
length without prior permission of the examiner upon a showing of good cause.
(c) Response to a Motion. A response shall provide a concise statement setting
forth the factual and legal basis as to why the motion should not be granted and
may in the form of a legal brief. Responses shall not exceed ten 10 pages,
double spaced, in length without prior permission of the examiner upon a
showing a good cause.
(d) Decision. Motions shall be decided without oral argument unless specifically
requested by the examiner. The examiner shall make every effort to rule on each
motion by issuance of a written order prior to the start of the hearing. However,
in some circumstances, such as the late filing of a motion, the examiner may
rule on a motion at the start of the hearing. Where efficiency would be served,
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the examiner may consolidate multiple motions for purposes of issuing a single
order.
(e) Limitations. Motions shall not be used to avoid a public hearing. If a public
hearing is required, a motion for summary judgement or summary dismissal
may not be filed.
3.4 Subpoenas
(a) Authority. As authorized in JCC 2.30.080(4), the examiner is authorized to issue
subpoenas to compel the attendance of a witness at a hearing, to compel the
production of documents or material, or to compel the inspection of property or
other material, subject to limitations below.
(b) Limitations. Subpoenas are not available to any party in a SEPA appeal, in an
appeal of a Type II administrative decision, or in appeals of an administrative
interpretation made under Article VI of Chapter 18.40 JCC. Subpoenas only
may be requested by principal parties or the examiner.
(c) Time for Filing; Contents. A request for a subpoena shall be submitted to the
examiner's office at least 20 days prior to the hearing as a pre -hearing motion
under Rule 3.3. The request for a subpoena for a person shall include: (1) the
person's name and address; (2) show the relevance of that person's testimony;
and, (3) demonstrate the reasonableness of the scope of the subpoena sought.
The request for a subpoena for documents, other physical evidence, or
inspection of property (a subpoena duces tecum) shall include: (1) the name and
address of the person who is to produce the documents, other materials, or
permit inspection of property; (2) list the address or known location of the
property or other material to be inspected; (3) specify the property or other
materials to be produced or inspected; (4) indicate the relevance of the materials
subpoenaed to the hearing; and, (5) demonstrate the reasonableness of the scope
of the materials or inspection sought. The processing of a request for a subpoena
normally requires at least 2 days of the examiner's office to process.
(d) Service of Process. The principal party requesting a subpoena shall be
responsible for serving it, consistent with Rule 1.12. A declaration of personal
service by mailing USPS first class mail, shall be filed with the examiner and a
copy served on all other principal parties or their attorney of record, if any.
Unless otherwise allowed by the examiner, subpoenas shall be served no later
than 10 days prior to the hearing date.
(e) Motion to Quash Subpoena; Protection Order — Time for Filing; Contents. Any
person or organization who is the subject of a subpoena or subpoena duces
tecum may seek an order quashing the subpoena and/or for a protective order
against the production or disclosure of information sought by filing a motion
before the examiner. The motion shall specify the grounds for which the motion
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is sought and specify the desired remedy. The subpoena shall not: (1) have an
unreasonable scope; (2) be an attempt to harass, intimidate, or embarrass the
person subjected to it; (3) be for some other improper purpose; or, (4) seek
information protected from disclosure by some provision of state or federal law.
The motion shall be served on the principal party seeking the subpoena or
subpoena duces tecum and filed with the examiner's office. Unless otherwise
allowed by the examiner, any motion to limit or quash a subpoena shall be filed
with the examiner no later than 5 days after the date the subpoena was served.
35 Discovery Prohibited
Discovery, including oral or written depositions, interrogatories, and other methods of
discovery is prohibited, except pursuant to Rule 3.4 or to preserve unavailable critical
witness testimony. Parties of record seeking to preserve unavailable critical witness
testimony through discovery shall be with leave of the examiner, through a pre -hearing
motion under Rule 3.3.
The county is subject to disclosure under the Public Records Act, including information
submitted to the department or examiner's office, unless an exemption under the Public
Records Act, Chapter 42.56 RCW or other applicable law applies.
RULE 4 RECORD
41 Content of the Record
The record of a hearing conducted by the examiner includes, but is not limited to the
following materials:
(a) The application, petition, notice of non-compliance, notice of violation, notice of
violation and order of abatement, stop work order, or other action appealed;
(b) Departmental report;
(c) Sworn declarations submitted by parties of record;
(d) Timely written public comment;
(e) All evidence received, including oral and written testimony given at the hearing,
all exhibits, and other materials admitted as evidence;
(f) Pre -hearing motions and orders;
(g) A statement of all materials officially noticed;
(h) A decision containing the finding and conclusions of the examiner;
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(i) Recordings made on electronic equipment; and,
(j) An environmental determination made under the SEPA or environmental impact
statement (if applicable).
42 Departmental Reports
Departments shall prepare reports for cases under review by the examiner. Departmental
reports shall be made publicly available at least 14 days prior to a Hearing or Special
Hearing. Departmental reports include, but are not limited to the following materials:
(a) Hearings.
Summarize the nature of the case before the examiner;
ii. The name and address of subject property, applicable zoning, and other
relevant facts;
iii. State and apply the basic applicable laws, regulations, and policies
(including relevant Growth Management Act provisions, Comprehensive
Plan goals and policies, applicable provisions of the JCC, Unified
Development Code interpretations, etc.) to the case;
iv. In-depth analysis of the proposal compared to the applicable laws,
regulations, and policies;
V. A summary of the technical data used or relied upon;
vi. Summarize SEPA review and actions (if applicable);
vii. Include issues of concern expressed by the lead department, other reviewing
departments;
viii. A summary and consideration of written comments received during
comment period(s), including reference to the whole comments in the
record;
ix. Findings, staff recommendations, and applicable conditions;
X. Include all relevant documents in an exhibit list, such as studies, site plans,
photographs, etc. demonstrating compliance or non-compliance with the
applicable laws and regulations; and,
xi. Other material and exhibits deemed pertinent by the department.
(b) Special Hearings (as described in JCC 2.30.090(2)).
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Summarize the nature of the case before the examiner;
ii. List the provisions of the JCC that have been allegedly violated (if
applicable);
iii. State and apply the basic applicable laws, regulations, and policies
(including relevant JCC, RCW, WACs, common law, etc.) to the case;
iv. In-depth analysis of the proposal compared to the applicable laws,
regulations, and policies;
V. A summary of the technical data used or relied upon;
vi. Summarize SEPA review and actions (if applicable);
vii. Include issues of concern expressed by the lead department, including other
reviewing departments;
viii. A summary and consideration of written comments received during
comment period(s), including reference to the whole comments in the record
(if applicable);
ix. Findings, staff recommendations, and applicable conditions (if applicable);
X. Recommend monetary penalties (if applicable);
xi. Include all relevant documents in an exhibit list, such as studies, site plans,
photographs, etc. demonstrating compliance or non-compliance with the
applicable laws and regulations; and,
xii. Other material and exhibits deemed pertinent by the department.
43 Availability of the Record and Timing Requirements for Record Submissions
The record shall be made publicly available. The record shall be made available
electronically to the extent feasible. The county is subject to disclosure under the Public
Records Act, including information submitted to the department or examiner's office,
unless an exemption under the Public Records Act, Chapter 42.56 RCW or other
applicable law applies.
All forms of written authority including briefs, staff reports, and other memoranda upon
which a party of record will be relying or presenting at the hearing must be submitted in
writing to the examiner's office, at least 5 days in advance of the scheduled hearing. To
the extent possible, other materials, such as letters, exhibits, scientific or technical data,
must be submitted in writing at least 5 days in advance of the scheduled hearing. The
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documents submitted may be entered into the record by the examiner's office and the
examiner's office may update the Exhibit List. Newly added record documents shall be
made publicly available.
RULE 5 HEARING PROCEDURES
5.1 Rights of Parties of Record
(a) Open Record Hearings. Every party of record shall have the right to present
evidence and testimony at open record hearings. The right of parties of record to
cross-examine, object, and submit motions shall be at the discretion of the
examiner during public hearings. The examiner may impose reasonable
limitation on the number of witnesses heard and the length of their testimony.
At the examiner's discretion, irrelevant or unduly repetitious testimony may be
excluded or bypassed. Disruptive persons may be excluded from the public
hearing, consistent with applicable county, state, and federal laws.
(b) Special Hearings. Special hearings shall be conducted on the official record.
Special hearings do not include written or oral public comment, or public
testimony periods. Principal parties shall have the right to present evidence, call
witnesses, examine witnesses, and present testimony. The right of principal
parties to cross-examine, object, and submit motions shall be at the discretion of
the examiner. The examiner may impose reasonable limitations on the number
of witnesses heard and the length of their testimony. At the examiner's
discretion, irrelevant or unduly repetitious testimony may be excluded or
bypassed. Disruptive persons may be excluded from the hearing, consistent with
applicable county, state, and federal laws.
52 Responsibilities of County Staff
County staff shall provide a departmental staff report consistent with the provisions of
Rule 4.2, provide a location for hearings, provide recording equipment at hearings,
provide notice of hearings, present materials at hearings, and provide testimony and
documentation relevant to hearings.
53 Responsibilities of Applicant, Appellant, Petitioner, or Respondent
Whenever possible, the applicant, appellant, petitioner, or respondent shall provide the
department with material prior to the hearing that supports their case. Applicants,
appellant, petitioners, or respondents shall be prepared for questions by the examiner and
should be courteous to all who participate in the hearings at all times.
54 Responsibilities of All Involved Parties, Witnesses, and Observers
Parties, witnesses, or observers shall conduct themselves with civility and deal
courteously with all who participate in the hearings. Failure to do so may result in
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removal from the hearing at the discretion of the examiner, consistent with applicable
county, state, and federal laws.
55 Responsibilities of the Examiner
The examiner shall preside over the hearings. The examiner shall have all of authorities
and duties as granted to the examiner under Washington and Jefferson County law. The
examiner shall have all powers necessary to that end, including the following:
(a) To administer oaths and affirmations;
(b) To issue subpoenas;
(c) To rule upon offers of proof and receive evidence;
(d) To regulate the course of the hearings, and the conduct of the parties and their
agents;
(e) To hold pre -hearing conferences, simplification of the issues, or any other proper
purpose;
(f) To require briefs on legal issues;
(g) To consider and rule upon all procedural and other motions appropriate to the
hearings;
(h) To make and file recommendations or decisions; and,
(i) To avoid unnecessary delays and to maintain order.
In the performance of adjudicative functions, the examiner shall not be subject to the
supervision or direction of any county official, employee, or agent of any department.
5.6 Parties of Record
(a) A party of record has the meaning provided under JCC 2.30.030(16). A party of
record includes the applicant, appellant, petitioner, respondent, their agents and
representatives, and persons or entities who: indicate on a sign-up sheet, at a
public hearing, that they wish to become a party of record; or, for public hearings
specifically advised the examiner's office by individual written letter or email of
their desire to become a party of record. Persons who only signed petitions or
mechanically produced form letters may be excluded as parties of record. For
non -land use hearings, parties of records are limited to the principal parties, as
defined in JCC 2.30.030(19).
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(b) The examiner's office shall provide a Parties of Record Registry (Register) for
use in each case. The Register shall include a place for entry of full name,
mailing address, phone number, and email address. The examiner's office shall
be responsible for updating the initial Register to include all additional persons
who became parties of record during the hearing. A department or examiner may
exclude incomplete or illegible entries from the Register if the entry prohibits the
department or examiner from sending materials to the individual or entity. The
party of record shall indicate on the Register their preferred method of receiving
examiner document(s), consistent with Rule 1.12.
(c) Further written communication shall not be made to a party of record if mail or
email sent to the address provided by the party is returned by the postal service
or the email address is undeliverable for any reason and no attempt to correct the
address is made by the party of record.
57 Presence of Legal Counsel at Hearings
All parties participating in a hearing have the right to be represented by legal counsel of
their choice. At the request of the county, a representative of the Jefferson County
Prosecuting Attorney's Office may be present at the hearing to represent the county.
All forms of legal authority including written briefs, staff reports, and other legal
memoranda upon which a party of record will be relying or presenting at the hearing
must be submitted in writing to the examiner's office, at least 5 days in advance of the
scheduled hearing. To the extent possible, other materials, such as letters, exhibits,
scientific or technical data, must be submitted in writing at least 5 days in advance of the
scheduled hearing. The documents submitted may be entered into the record by the
examiner's office and the examiner's office may update the Exhibit List. Newly added
record documents shall be made publicly available.
5.8 Oath or Affirmation
All testimony before the examiner shall be given under oath or affirmation to tell the
truth, subject to the penalty of perjury. The examiner shall administer the oath or
affirmation.
59 Hearing Conducted as an Open Record Hearing, Unless a Special Hearing
All hearing shall be conducted as an open record public hearing, permitting public
comment and public testimony, unless the hearing is a special hearing under JCC
2.30.090(2).
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5.10 Special Hearings
Special hearings, as described in JCC 2.30.100(1) shall be conducted as a public meeting
and shall not be conducted as an open record hearing. Special hearings do not include
written or oral public comment, or public testimony periods. Only persons called as
witnesses by a principal party shall be allowed to testify.
5.11 General Process of an Open Record Hearing
An open record hearing may include, but is not limited to:
(a) A brief introductory statement of the examiner process;
(b) A report by department staff including introduction of the request, reference to
visual aids, and a summary of the recommendation of the department;
(c) Testimony by the applicant, appellant, or petitioner;
(d) Calling and examining of witnesses;
(e) Cross-examination of witnesses;
(f) Introduction or presentation of documentary of physical evidence;
(g) Testimony of parties of records;
(h) An opportunity to rebut evidence against a principal party;
(i) An opportunity for questions by the examiner; and,
0) Closing statements by principal parties, at the discretion of the examiner.
5.12 General Process of Special Hearings
Special hearings not requiring an open record hearing shall be a public meeting and may
include, but is not limited to:
(a) A brief introductory statement of the examiner process;
(b) A report by department staff including introduction of the request, reference to
visual aids, and a summary of the recommendation of the department;
(c) Calling and examining of witnesses by principal parties;
(d) Cross-examination of witnesses by principal parties, subject to reasonable
limitations;
Hearing Examiner Rules of Procedure — 10/15/2019
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(e) Testimony by the appellant, petitioner, or respondent;
(f) Introduction or presentation of documentary of physical evidence;
(g) An opportunity to rebut evidence against a principal party;
(h) An opportunity for questions by the examiner; and,
(i) Closing statements by principal parties, at the discretion of the examiner.
5.13 Default
(a) All Hearings, Excluding Enforcement Hearings (under Chapter 8.90 JCC). If the
moving party (applicant, appellant, or petitioner) fails to appear at the scheduled
hearing, fails to present a written statement in time for consideration at the
hearing, or fails to obtain a continuance the examiner shall enter an order of
default dismissing the hearing with prejudice.
(b) Enforcement Hearings (under Chapter 8.90 JCC). If the person responsible fails
to appear at the scheduled hearing, fails to present a written statement in time for
consideration at the hearing, or fails to obtain a continuance the examiner shall
enter an order of default with prejudice, with findings, and assessing the
appropriate monetary penalty pursuant to JCC 8.90.190. The county may enforce
the examiner's order and recover all related expenses, including attorney's fees,
plus the costs of the hearing or appeal and any monetary penalty from the person
responsible to JCC 8.90.200. A copy of the order of default shall be mailed to the
person responsible and against whom the default order was entered, the county,
and if the person responsible is a tenant, to the landlord or owner of the property
where the violation is occurring.
5.14 Evidence
(a)
Rules of Evidence.
Admissibility. Evidence, including hearsay evidence, is admissible if in
the judgment of the examiner it is the kind of evidence on which
reasonably prudent persons are accustomed to rely on in the conduct of
their affairs. The examiner shall have discretion on the admissibility of all
evidence.
ii. Privilege. The examiner shall exclude evidence that is excludable on
constitutional or statutory grounds or on the basis of evidentiary privilege
recognized in the courts this state, including ER 501.
Hearing Examiner Rules of Procedure — 10/15/2019
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iii. ERs. The hearings generally will not be conducted in strict adherence to
the ERs. However, if not inconsistent with Rule 5.14(a)(i), the examiner
may refer to the ERs as guidelines for evidentiary rulings.
(b) Testimony Under Oath. All testimony of parties and witnesses shall be made
under oath or affirmation.
(c) Pre -filed Exhibits. Exhibits pre -filed under Rule 4 or 5 shall be entered into the
record without action by the examiner. Pre -filed exhibits or the record may be
challenged on admissibility grounds with a pre -hearing motion under Rule 3.4(a)
or at the hearing with an oral or written motion.
(d) Submittal of Evidence. Any party of record may seek to admit relevant evidence
into the record during their direct, cross-examination, or rebuttal portions of the
hearing, provided that the evidence is admissible.
(e) Rebuttal Evidence. Admissible rebuttal evidence in any form may be presented
to respond to both expert and lay person testimony.
(f) Copies. Documentary evidence may be received in the form of copies of
excerpts, if the original is not readily available. Upon request, parties shall be
given an opportunity to compare with the original. A copy of all documents
submitted at the hearing shall be provided to the principal parties and examiner.
(g) Official Notice. At the request principal parties or on the examiner's own
initiative, the examiner may take official notice of cognizable facts, or general,
technical, or scientific facts within the examiner's specialized knowledge. The
examiner may take official notice of federal law, Washington state law, laws of
other Washington counties or cities, laws of federally recognized Indian tribes,
laws of Washington administrative boards, such as the growth management
hearings board, laws of other states, and decisions from the examiner.
(h) Updated Exhibit List. The examiner's office shall be responsible for updating the
initial exhibit list prepared and transmitted by the department to include
additional material received prior to the hearing, during the hearing, after the
hearing, or during a reconsideration process.
(i) Reconsideration or Clarification Documents. Documents involved in the
reconsideration or clarification process (e.g., petition for reconsideration) shall be
assigned sequential exhibit numbers for identification. Such documents shall
only become actual exhibits if the hearing is reopened.
(j) Burden of Proof and Standard of Review. The moving party shall have the
burden of proof as to the material factual issues, except where applicable code
provision, state law, or Washington common law provides otherwise. Unless
indicated otherwise by the applicable substantive law or below, the burden of
Hearing Examiner Rules of Procedure — 10/15/2019
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proof is by a preponderance of the evidence and the burden is on the moving
party.
Appeal of a SEPA Threshold Determination Made Pursuant to Article X of
Chapter 18.40 JCC (other than determinations of significance). Subject to a
clearly erroneous standard of review.
ii. Type III Land Use Decision. The burden of proof is a preponderance of the
evidence and the burden is on the applicant to demonstrate compliance with
applicable policies, regulations, and laws.
iii. Appeal of a Type II Administrative Decision, Appeal of a Unified
Development Code Interpretation, Appeal of other Land Use Decisions, or
Appeal of other Administrative Decisions. Issues of law are subject to a de
novo standard of review. Issues of fact are subject to a substantial evidence
standard of review.
iv. Enforcement Hearings and Appeals (Chapter 8.90 JCC). The burden of
proof is by a preponderance of the evidence and the burden is on the
department to demonstrate violations of the code provisions.
(k) Filing After Closure of the Hearing. The examiner may request a document to be
filed after the close of the hearing. Only those documents or subject areas
referred to at the hearing may be submitted and only those specifically requested
by the examiner. If documents are admitted after the closure of the hearing, the
examiner's office shall update the exhibit list.
5.15 Recording of Hearings
The audio of each hearing shall be recorded to provide a record of the hearing.
Therefore, all parties speaking shall be required to speak into a provided microphone,
unless another recording device is capable of recording the sound. All individuals
speaking must introduce themselves, including their full name, spelling of their last
name, and mailing address.
RULE 6 POST -HEARING PROCEDURES
6.1 Examiner's Decision
(a) The examiner shall make and enter findings of fact from the record and
conclusions which supports the decisions. The findings of fact shall be supported
by substantial evidence in the record and the conclusions of law shall be based
upon applicable provisions of the comprehensive plan, sub area plans, Shoreline
Master Program, other relevant plans, applicable decisions of courts, and
applicable decisions of administrative agencies.
Hearing Examiner Rules of Procedure — 10/15/2019
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(b) When applicable, the examiner's decision shall be consistent with RCW
36.70.970.
(c) The examiner's decision may: (1) approve the requested permit or decision; (2)
deny the requested permit or decision; (3) modify the requested permit or
decision; (4) affirm the county's action or decision; (5) dismiss the county's
decision or action; or, (6) modify the county's decision or action. The examiner
may grant part of the requested action, but deny another part of the requested
action. The examiner may deny the requested permit or decision with prejudice
(reapplication or resubmittal is not permitted for one year) or without prejudice
(reapplication or resubmittal is permitted). The examiner may remand
administrative appeals to the director for action consistent with the examiner's
decision.
(d) For road vacations under Chapter 12.10 JCC, the examiner may recommend
approval, approval with conditions, or denial to the board of county
commissioners.
(e) The examiner may attach conditions that have a nexus to the county's interest
and are roughly proportional to the impacts of the notice, order, permit, decision,
determination, or other action being considered by the examiner.
(f) All decisions of the examiner shall be rendered within 14 days following the
conclusion of the hearing, unless the principal parties agree to an extension. If the
record remains open beyond the hearing, the decision shall be rendered within 14
days of closing the record.
(g) The examiner shall transmit a copy of each decision to the department. The
examiner's office shall transmit a copy of the decision to the parties of record.
62 Re -Opening a Hearing
(a) Prior to issuing a written decision on the hearing, the examiner may re -open the
hearing for good cause. Parties of record may submit written briefs or requests to
the examiner's office requesting that the hearing be re -opened or the examiner
may re -open on its own initiative. For hearings held after the adoption of Chapter
2.30 JCC, the examiner at any time may re -open the hearing if the examiner
becomes aware that the decision was based on fraudulent evidence,
misrepresentation, or other misconduct by a party of record or for any similar
reason which would require reopening the hearing in the interest of justice.
(b) If the hearing is re -opened and the examiner determines that another hearing is
required, the department shall provide notice, consistent with Rule 2.3 and
applicable JCC sections. However, notice of such further hearing shall be given
at least 10 days before the further hearing's date. Notice shall be provided to all
parties of record from the initial hearing.
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6.3 Clerical Mistakes
Clerical mistakes and errors arising from oversight or omission in the examiner's
decisions or orders may be corrected by the examiner at any time either on their own
initiative or on the motion of a party of record. A copy of each page affected by the
correction, with the correction clearly identified, shall be noticed under the same
procedures for examiner's decisions in Rule 6.1.
6.4 Setting Aside and Vacating a Default Order
Setting Aside and Vacating Default Order. The examiner has discretion to set aside a
default order when good cause is shown by the moving, principal party (applicant,
appellant, petitioner, or respondent) and when the examiner deems the set aside just. The
moving party must file a written motion to set aside and vacate the default order with the
department within 10 days of the examiner's decision or order. The motion shall contain
the following: (1) specific identification on the hearing and parties involved in the
notice, order, permit, decision, determination, or other action being petitioned for
reconsideration, including the county's file number; (2) a concise statement of the
factual reasons supporting a good cause finding for not being present at the hearing; and,
(3) the full name, address, phone number, and email address of the petitioner or their
attorney.
6.5 Reconsideration
(a) An aggrieved party may file a written request for reconsideration with the
examiner's office within 10 days of the issuance of the examiner's decision.
Reconsideration may not be sought for the examiner's recommendations to the
board of county commissioners. Reconsideration is limited to one per hearing
and one per aggrieved party or group. If the examiner receives a reconsideration
request from multiple aggrieved parties or groups, the examiner shall consolidate
the issues to one reconsideration. The grounds for seeking reconsideration shall
be limited to the following: (1) the examiner exceeded their jurisdiction; (2) the
examiner failed to follow the applicable procedure in reaching a decision; (3) the
examiner committed an error of law or misinterpreted the applicable policy,
regulation, or law; (4) the examiner's findings, conclusions, or conditions are not
supported by the record; and, (5) newly discovered evidence alleged as material
to the examiner's decision which could not reasonably have been produced at the
hearing.
(b) The request for reconsideration shall contain: (1) specific identification on the
hearing and principal parties involved in the notice, order, permit, decision,
determination, or other action to be considered for reconsideration, including the
county's file number; (2) the specific findings, conclusions, actions, and
conditions which the petition on relies for reconsideration; (3) a concise
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statement of the factual reason for reconsideration; (4) the full name, address,
phone number, and email address of the petitioner or their attorney; and, (5) if
applicable, the identity and specific nature of newly discovered evidence and its
importance in the reconsideration.
(c) If the request for reconsideration is granted, the examiner shall re -open the
hearing consistent with Rule 6.2. The examiner shall provide notice to all parties
of record of the pending reconsideration and the physical and electronic location
of relevant documents. If reconsideration is conducted without an in-person or
telephonic hearing under Rule 5.11 or 5.12, the examiner shall: (1) provide
notice of the pending reconsideration to parties of record under Rule 2.3; (2)
provide the physical and electronic location for all relevant documents, such as
the motion(s) for reconsideration to parties of record; and, (3) allow parties of
record to submit written rebuttal arguments within 10 days of notice being sent
to parties of record.
(d) The petition for reconsideration shall be decided within 14 days if another
hearing is held under Rule 5.11 or 5.12 or within 24 days after sending notice of
reconsideration to parties of record under Rule 6.5(c).
(e) If the reconsideration decision alters a decision, the altered decisions shall be
vacated and reissued as a reconsideration, consistent with Rule 6.1.
6.6 Clarification
Any principal party may request, within 10 days of the issuance of the examiner's
decision clarification of the decision. Clarification may not be sought for examiner's
recommendations to the board of county commissioners. Clarification is limited to
correcting obvious errors or seeking clarification on the application of specific issues.
The request may be in letter form to the examiner's office containing the following: (1)
specific identification on the hearing and principal parties involved in the notice, order,
permit, decision, determination, or other action to be considered for clarification,
including the county's file number; (2) the specific findings, conclusions, actions, and
conditions which the request seeks clarification; (3) a concise statement of the factual
reason for clarification; and, (5) the full name, address, phone number, and email
address of the requestor or their attorney. The examiner may dismiss request for
clarification if the request is to clearly delay the final decision or is otherwise improper.
6.7 Appeals of Decisions
The examiner's decision on all matters, excluding recommendations to the board of
county commissioners, is final and conclusive after reconsideration or clarification
periods, unless appealed. Reconsideration or clarification is not required to appeal a
decision. All decisions of the examiner shall be appealable to a court of competent
jurisdiction consistent with applicable state law, such as Chapter 36.70C RCW (Land
Use Petition Act) or Chapter 7.16 RCW (Certiorari, Mandamus, and Prohibition), except
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appeals of certain shoreline decisions The decision of the examiner on matters under
Chapter 18.25 JCC (Shoreline Master Program) may be appealable to the Shorelines
Hearings Board in accordance with Chapter 90.58 RCW (Shoreline Management Act) or
other applicable state law.
RULE 7 WITHDRAWAL OF APPLICATION, PETITION, OR APPEAL
7.1 Procedure to Withdraw
Withdrawal of a hearing shall be made by the applicant, appellant, or petitioner in
writing, except as provided below, and shall be accepted in the following manner:
(a) Withdrawal Prior to Publication of Hearing Notice. If withdrawal of a hearing is
made prior to publication of the public hearing notice, the applicant shall notify
the examiner's office, which shall place the withdrawal in the official case file.
No further action by the department is necessary.
(b) Withdrawal After Issuance of Hearing Notice but Prior to Hearing. If withdrawal
of hearing is made after publication of the public hearing notice but prior to the
opening of the hearing, the applicant or appellant shall notify the examiner's
office of such withdrawal. The withdrawal shall be documented by the examiner
in a written order which shall be placed in the official case file and transmitted to
parties of record. The examiner's office shall post the order on the examiner's
website, along with a notice of cancellation.
(c) Withdrawal at or After Hearing but Prior to Decision. If withdrawal of a hearing
is made orally at the hearing or in writing after the hearing but before issuance of
a decision, the examiner shall accept the withdrawal. Withdrawal shall be
documented by issuance of a written order which shall be placed in the official
case file and transmitted to parties of record. The examiner's office shall post the
order on the examiner's website and transmit the decision to parties of record.
(d) Withdrawal after Decision Issuance. Withdrawal of a hearing after a decision has
been issued will not be honored unless expressly authorized by the JCC or state
law.
7.2 Effect of Withdrawal
No appeal from a withdrawal is authorized. Withdrawal terminates county consideration
of the hearing and terminates the jurisdiction of the examiner. Withdrawal of an appeal
or hearing under Chapter 8.30 JCC (Public Nuisances) makes the administrative
decision a final agency action. Withdrawals are without prejudice, unless otherwise
ordered with prejudice.
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Appendix C
Amendments to the Jefferson County Code
Chapter 12.10
ROAD VACATIONS
12.10.060 Department of community development — Duties.
.......................................................................................................................................................................................................................................................................................................................................
(1) The department of community development shall review the petition and prepare a written report that
includes:
(a) The road vacation's consistency with the Jefferson County comprehensive plan and any other
applicable plans, policies, or ordinances;
(b) Whether environmentally sensitive areas exist in the vicinity which might be affected by the vacation;
and
(c) Any other applicable facts or information.
This report shall be submitted to the department of public works for inclusion in the staff report. The department
of community development may also submit to the department of public works a bill for costs in conducting their
review and developing their report.
(2)
„ bliG heaFiRg with the heaFiRg exaMiRer. The Office of the Hearing Examiner shall establish the date and place
of the public hearing with the hearing examiner. This date -hall be seler-,ted- in With thp�cr�e �n
r,,URty heaFiRg o regular SGhoThis date shall be selected in accordance with the Hearing
Examiner's Rules of Procedure. The Jefferson County department of public works shall ensure that notice of
the public hearing is published in a newspaper having countywide circulation at least once a week for two
consecutive weeks prior to the fixed date of the hearing.
Chapter 18.05
INTRODUCTORY PROVISIONS
Sections:
18.05.010 Title.
18.05.020 Authority, purpose, and scope.
18.05.030 Code administration — Purpose.
18.05.040 Department of community development — Duties and responsibilities.
18.05.050 Planning commission — Duties and responsibilities.
18.05.060 Department of public works — Duties and responsibilities.
18.05.070 Department of environmental health — Duties and responsibilities.
1Anoun Hearing exami;er. (Repealed)
Page 1 of 38
Amendments to Existing JCC
12n%u§
Hearing examiner rulps of proeedure-, (Repealed)
18.05.090
Establishment of land use districts.
18.05.100
Official maps.
18.05. 110
Land use district boundaries.
18.05.120
Critical area maps.
18.05.130
Applicability.
18.05.140
Water and sewer.
18.05.150
Applicability of Shoreline Master Program.
18.05.160
Applicability of permit requirements.
18.05.170
Nonconforming uses or structures.
18.05.180
Building code.
18.05.190
Subarea plans.
18.05.200
Minimum standards.
18.05.210
Title and headings not law.
18.05.220
Severability clause.
18.05.230
Waiver.
IFM
Page 2 of 38
Amendments to Existing JCC
Page 3 of 38
Amendments to Existing JCC
Page 4 of 38
Amendments to Existing JCC
Page 5 of 38
Amendments to Existing JCC
Page 6 of 38
Amendments to Existing JCC
Page 7 of 38
Amendments to Existing JCC
Page 8 of 38
Amendments to Existing JCC
Page 9 of 38
Amendments to Existing JCC
Page 10 of 38
Amendments to Existing JCC
Page 11 of 38
Amendments to Existing JCC
Page 12 of 38
Amendments to Existing JCC
Chapter 18.10
DEFINITIONS
18.10.010 A definitions.
"Aggrieved pa4yep rson" means a party of record who can demonstrate the following:
(a) The land use decision will prejudice the person;
(b) The asserted interests are among those the county is required by county code, federal or state law or
regulation to consider in making a land use decision; a -Rd
(c) The person is a party of record, as defined in JCC 18.10.160; and,
(0 (d) A decision on appeal in favor of the person would substantially eliminate or redress the prejudice
alleged to be caused by the land use decision.
18.10.030 C definitions.
"Calendar day" means any day of the week, including weekends and holidays. When used for computing time,
the day shall begin with the first day following the act or event initiating such period of time 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 following business day.
18.10.080 H definitions.
"Hearing Examiner" has the same meaning as Examiner in JCC 2.30.030(8).
"Hearing Examiner Rules of Procedure" means the Hearing Examiner Rules of Procedure adopted pursuant to
JCC 2.30.070.
18.10.160 P definitions.
Page 13 of 38
Amendments to Existing JCC
"Parties of record" means persons or entities who wish to receive a copy of the Hearing Examiner's decision
and notice of upcoming hearings. "Parties of record" includes the applicant, appellant, petitioner, respondent,
their agents and representatives, the county, and persons or entities who: indicate on a sign-up sheet, at a
public hearing, that they wish to become a party of record; or, for public hearings specifically advised the
Examiner's Office by individual written letter or electronic mail of their desire to become a party of record.
Persons who only signed petitions or mechanically produced form letters may be excluded as parties of record.
Chapter 18.40
PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
Sections:
Article I. Types of Project Permits
18.40.010 Purpose.
18.40.020 Procedures for processing project development permit applications.
18.40.030 Determination of proper type of procedure.
18.40.040 Project permit application framework.
18.40.050 Joint public hearings (other public agency hearings).
18.40.060 Legislative enactments.
18.40.070 Legislative enactments not restricted.
18.40.080 Exemptions from project permit processing.
Article II. Project Permit Applications (Type I — IV)
18.40.090 Preapplication conference.
18.40.100 Development permit application.
18.40.110 Determination of complete application — Additional information and project revision.
18.40.120 Referral and review of development permit applications.
18.40.130 Scope of project review.
18.40.140 Project consistency.
Article III. Public Notice Requirements
18.40.150 Public notice — Generally.
Page 14 of 38
Amendments to Existing JCC
18.40.160 Notice of application — When required.
18.40.170 Notice of application — Time of issuance.
18.40.180 Notice of application — SEPA exempt projects.
18.40.190 Notice of application — Contents.
18.40.200 Notice of application — SEPA integration.
18.40.210 Notice of application — Mailing, publication, and posting requirements.
18.40.220 Notice of application — Public comment.
18.40.230 Notice of public hearing.
18.40.240 Additional public notice requirements — Type III preliminary plat actions.
18.40.250 Optional additional public notice.
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type 1).
18.40.270 Administrative approval subject to notice (Type 11).
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type 11 decisions).
18.40.290 Board of county commissioners action (Type IV decisions).
1unnnn�n Prnned-res f hearings. (Repealed)
1u40401^ ReannRideration (Repealed)
18.40.320 300 Final decision.
18.40.310 Expiration of Applications. (New)
18.40.320 Vesting of Applications. (New)
18.40.325 Suspension, Revocation, or Modification of Permits. (New)
Article V. Appeals
18.40.330 Administrative appeals.
18.40.340 Judicial appeals.
Article VI. Unified Development Code Interpretation
18.40.350
Purpose.
18.40.360
Submission requirements.
18.40.370
Administrator's decision.
18.40.380
Time limitation and enforcement.
Page 15 of 38
Amendments to Existing JCC
18.40.390 Appeals of administrator's interpretations.
18.40.400 Judicial appeal.
Article VIII. Conditional Uses
18.40.490
Purpose.
18.40.500
Scope.
18.40.510
Application submittal and contents.
18.40.520
Conditional use permit types — Review processes.
18.40.530
Approval criteria for all conditional uses.
18.40.540
Additional conditions.
18.40.550
Use of property before final decision.
18.40.560
Effective period — Expiration.
18.40.570
Modification of a conditional use permit.
18.40.580
Conditional use permit to run with the land.
18.40.590
Permit suspension or revocation.
18.40.600
Assurance device.
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.810 Appeals.
Article I. Types of Project Permits
18.40.040 Project permit application framework.
.......................................................................................................................................................................................................................................................................................................................................
Table 8-1. Permits — Decisions
Type I+
Type II
Type III
Type IV
Type V
Septic permits
Classification of
Reasonable economic
Final plats under
Special use permits,
unnamed and
use variances under
Chapter 18.35 JCC
such as for siting
discretionary uses
JCC 8.15.220
essential public
under Article II of
facilities under
Chapter JCC
JCC 18.15.110
Page 16 of 38
Amendments to Existing JCC
Table 8-1. Permits — Decisions
Type I+
Type II
Type III
Type IV
Type V
Allowed uses not
Release of six-year
PRRDs under Article
Final PRRDs under
Jefferson County
requiring notice of
FPA moratorium for
VI -M of
Article VI -M of
Comprehensive
application (e.g.,
an individual single-
Chapter JCC
Chapter JCC
Plan amendments
"Yes" uses listed in
family residence under
and major
under
Table 3-1 in
JCC 18.20.160
amendments to
Chapter - JCC
JCC 18.15.040,
PRRDs under
building permits, etc.)
JCC 18.15.545(3)
Minor amendments
Cottage industries
Shoreline substantial
Amendments to
to planned rural
under JCC 18.20.1 tu
development permits
development
residential
f^r 168-^^^dary uses,
regulations including
developments
and sConditional use
amendments to this
(PRRDs) underep
rmits, and variance
UDC and the Land
JCC 1 ti.15.
permits under the
Use Districts Map
Jefferson County
Shoreline Master
Program (SMP)
Home businesses
Short subdivisions
Plat alterations and
Amendments to the
approved under
under Article IV of
vacations under
Jefferson County
JCC 18.20.200
Chapter 18.35 JCC
JCC 18.35.030(3)
SMP
Temporary outdoor
Binding site plans
Long subdivisions
Subarea and utility
use permits under
under Article V of
under Article V of
plans and
JCC 18.20.380
Chapter JCC
Chapter JCC
amendments thereto
Stormwater
Administrative
Discretionary
Development
management permits
conditional use
conditional use
agreements and
under JCC
permits under
permits under
amendments thereto
JCC 18.40.520(1) and
JCC 18.40.520(2)
under Article XI of
ji-e listed in Table 3-1
[i.e., listed in Table 3-
this chapter
Page 17 of 38
Amendments to Existing JCC
Table 8-1. Permits — Decisions
Type I+
Type II
Type III
Type IV
Type V
in JCC as
1 in JCC 18.15.040 as
"C(a)"�
"C(d)"] where required
by administrator
Road access permits
Discretionary
Conditional use
Master plans for
under JCC
conditional use
permits under
master planned
permits under
JCC (3)
resorts
JCC (2) jive ,
(i.e., uses listed in
listed in Table 3-1 in
Table 3-1 in
JCC 18.15.046 as
JCC 18.15.040 as "C)
"C(d)"} unless Type III
process required by
administrator
Sign permits under
Minor variances under
Major variances under
JCC
JCC (1)
JCC (2)
Boundary line
Administrative
Wireless
adjustments under
conditional use
telecommunications
Article II of
permits, under
permits under
Chapter JCC
Jefferson County
JCC 18.20.130 and
SMP, JCC
Chapter 18.42 JCC
18.25.260(2) listed in
JCC 18.25.220, Table
18.25.220 as "C(a)"
Discretionary
conditional use
permits under
Jefferson County
SMP, JCC
Page 18 of 38
Amendments to Existing JC
Table 8-1. Permits — Decisions
Type I+
Type II
Type III
Type IV
Type V
18.25.260(3) listed in
JCC 18.25.220, Table
18.25.220 as "C(d)",
unless Type III
process required by
administrator
Minor adjustments to
Wireless
Major industrial
approved preliminary
telecommunications
development
short plats under
permits under
conditional use
JCC 18.35.150
JCC 18.20.130 and
approval under Article
Chapter 18.42 JCC
VIII of
Chapter JCC
Minor amendments
Small-scale recreation
to approved
and tourist (SRT) uses
Forest practices
preliminary long plats
in SRT overlay district
release of a
under JCC
under JCC 18.15.572.
moratorium under
Site plan approval
Chapter JCC
Plat alterations under
advance
JCC 18.35.670.
determinations under
Article VII of this
Appeals of
chapter and
enforcement actions
boundary line
under
agreements under
Chapter 18.50JCC
Article VIII of
Chapter JCC
Exemptions under
the Jefferson County
SMP
Page 19 of 38
Amendments to Existing JCC
Table 8-1. Permits — Decisions
Type I+
Type II
Type III
Type IV
Type V
Revisions to permits
Type V
Project
Project planner
Project planner
issued under the
Planning commission,
planner
Jefferson County
Administrator
Administrator
Hearing
SMP
Board of county
examiner
1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of
JCC 18.40.150
through 18.40.220 and Article X of this chapter (the SEPA integration section).
Recommendation
made by:
Final decision
made by:
Notice of
application:
Open record
public hearing:
Table 8-2. Action Types — Process
Project Permit Application Procedures (Types I — IV)
Legislative
Type I
Type II
Type III
Type IV
Type V
Project
Project planner
Project planner
N/A
Planning commission,
planner
Administrator
Administrator
Hearing
Board of county
Board of county
examiner
commissioners
commissioners
No
Yes
Yes
No
N/A
No
Only if
Yes, before
No
Yes, before planning
administrator's
hearing
commission to make
decision is
examiner, prior
recommendation to
appealed, open
to permit
board of county
record hearing
decision by the
commissioners
before hearing
hearing
examiner
examiner
Page 20 of 38
Amendments to Existing JCC
Closed record
appeal/final
decision:
Judicial appeal:
Table 8-2. Action Types — Process
Project Permit Application Procedures (Types I — IV)
Legislative
Type I
Type II
Type III
Type IV
Type V
No
No
No
N/A
Yes, or board of
county commissioners
could hold its own
hearing
Yes
Yes
Yes
Yes
Yesz
Type V land use actions are subject to review and recommendation by the planning
commission. However, utility plans and moratoria and interim zoning controls adopted under
RCW 36.70A.390 are not subject to review and consideration by the planning commission.
zPursuant to RCW and , the Western Washington Growth
Management Hearings Board (WWGMHB) is authorized to hear and determine petitions
alleging that the county is not in compliance with the requirements of Chapter RCW,
Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master Program, or
Chapter 43.21 CRCW as it relates to plans, development regulations, or amendments,
adopted under RCW or Chapter RCW. Direct judicial review may also be
obtained pursuant to RCW
If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of
JCC through 18.40.220 and Article X of this chapter (the SEPA integration section).
SUMMARY OF DECISION-MAKING
Type I: In most cases, administrative without notice. However, if a Type I permit is not categorically exempt
under SEPA, then, administrative with notice.
Type II: Administrative with notice. Final decision by administrator unless appealed. If appealed, open record
hearing and final decision by hearing examiner.
Type III: Notice and open record public hearing before the hearing examiner. Final decision by hearing
examiner. Appeal to superior court.
Page 21 of 38
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Type IV: Closed record decision by board of commissioners during a regular public meeting. Type IV decisions
are purely ministerial in nature (see Article IV of Chapter 18.35 JCC).
Type V: Except for utility plans, notice and public hearing before planning commission, with planning
commission recommendation to board of commissioners. Notice of public hearings provided prior to
final legislative decisions (see Chapter JCC).
18.40.080 Exemptions from proiect permit processinq.
(1) Applicability. Whenever a permit or approval in the Jefferson County Unified Development Code has been
designated as a Type II, III or IV permit, the procedures set forth in Articles I through IV of this chapter shall be
followed in project permit processing. The following permits or approvals are specifically excluded from the
procedures set forth in this chapter:
(a) Landmark designations;
(b) County road vacations; and
(c) As authorized under RCW 43.21C.031 (2)(a), public works projects identified as planned actions in
the Jefferson County Comprehensive Plan or any amendments thereto. Planned actions are those public
or private projects specifically identified by county ordinance or resolution adopted after environmental
review conducted in conjunction with the adoption or annual amendment of the Comprehensive Plan.
(2) Exemptions. If categorically exempt under SEPA, Chapter ^3.21 RCW, Type I permits shall not be subject
to the following provisions contained in this chapter :
(a) The notice of application requirements of JCC 18.40.150 through 18.40.220;
(b) Except as provided in RCW 36.70B.14C, optional consolidated project permit review processing
under JCC 18.40.030(2);
(c) Joint public hearings under JCC 18.40.050; and
(d) A single report stating that all decisions and recommendations made as of the date of the report on
all project permits included in the consolidated permit process that do not require an open p4blis record
pp d�� ^^ hearing and any recommendations on project permits that do not require an open record
predesisien hearing, as further set forth in RCW (5).
Page 22 of 38
Amendments to Existing JCC
(3) Notice of Decision. Unless the applicant waives the time deadlines in writing, all Type I permits sba# should
be processed within 120 calendar days after the applicant files a complete application, subject to
JCC 18.40.110.
Article III. Public Notice Requirements
18.40.150 Public notice — Gen
(1) Public notice is not required for Type I projects that are categorically exempt from SEPA. If not SEPA
exempt, Type I projects are subject to the notice of application and SEPA notice requirements set forth in
JCC through and Article X of this chapter.
(2) Public notice of the notice of application and of the open record pr on public hearing, if any, is
required for all Type II and Type III actions. Published notice is not required for closed record public meetings
before the county commissioners (i.e., Type IV approvals of long plats and PRRDs), because no new testimony
or evidence is allowed at such meetings or hearings. Mailed notice of closed record public hearings shall be
provided to all parties of record.
(3) Public notice is not required for other Type IV actions because no public hearing is held.
(4) Public notice of Type V legislative actions must be published as described in Chapter JCC and as
required by state law.
(5) The applicant shall be responsible for all costs of public notice. [Ord. 8-06 § 1]
18.40.170 Notice of application — Time of issuance.
The administrator shall issue the notice of application within 14 calendar days of issuing the determination of
completeness. If an open record p d�� ^^ public hearing is required for the requested project permit(s), the
notice of application shall be issued at least 15 calendar days prior to the public hearing. [Ord. 8-06 § 1]
18.40.180 Notice of application — SEPA exempt projects.
.......................................................................................................................................................................................................................................................................................................................................
A notice of application shall not be required for project permits that are categorically exempt under SEPA,
unless a public comment period or an open record PFedeGiSiGR hearing is required. A notice of application shall
be required for all Type II projects, regardless of whether such projects are exempt from SEPA. [Ord. 8-06 § 1]
Page 23 of 38
Amendments to Existing JCC
18.40.190 Notice of application — Contents.
The notice of application shall include the following:
(1) The name and address of the applicant or the applicant's representative;
(2) The date of application, the date of the notice of completion for the application, and the date of the notice of
application;
(3) The street address location of the project or, if unavailable, a description of the subject property reasonably
sufficient to inform the public of its location, which may include a vicinity location (map), the location in
reference to roadway intersections, or a written description (rural route box or subdivision lot and block alone
are not sufficient);
(4) A description of the proposed project action, use or development and a list of project permits included in the
application and, if applicable, a list of any additional studies requested under JCC (6);
(5) The identification of state, federal or other permits required by other agencies with jurisdiction not included
in the application, to the extent known by the county;
(6) The identification of existing environmental documents that evaluate the proposed project, and the location
of where the application and any studies can be reviewed;
(7) The name and phone number of the contact project planner;
(8) A statement of the limits of the public comment period, which shall be 14 calendar days following the date of
the notice of application (or 20 or 30 calendar days if the application involves a permit under the Jefferson
County Shoreline Master Program, as further set forth in JCC
(9) Statements of the right of any person to comment on the application, become a party of record, receive
notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
(10) A statement of the preliminary determination, if one has been made at the time of the notice of application,
of the proposed project's consistency with applicable development regulations and of those development
regulations that will be used for project mitigation, as provided in RCW and JCC
(11) Pursuant to WAC 197-11-355, a statement on the first page of the notice of application that:
Page 24 of 38
Amendments to Existing JCC
(a) The optional DNS process of WAC 197-11-355 is being used;
(b) This may be the only opportunity to comment on the environmental impacts of the proposal;
(c) The proposal may include mitigation measures under applicable development regulations, and the
project review process may incorporate or require mitigation measures regardless of whether an EIS is
prepared; and
(d) A copy of the subsequent threshold determination may be obtained upon request, and will be mailed
to any person commenting upon the notice of application. In addition, the notice of application shall list
the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected;
(12) The date, time, place and type of hearing, if applicable, and if scheduled prior to the date of the notice of
application;
(13) A statement of when and where a copy of the application, all supporting documentation and evidence
relied upon by the applicant, and applicable development regulations may be available for public inspection;
and,
(45 14) Any other information the administrator determines appropriate.
Article IV. Project Review and Approval Processes
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type
II decisions).
.......................................................................................................................................................................................................................................................................................................................................
(1) The hearing examiner shall review and make findings, conclusions and a decision on all Type III permit
applications and appeals listed under 18.40.280(3)(b) of Tyne 11 doGioiGGno
(2) For Type III actions, the administrator shall prepare a staff report on the proposed development or action
summarizing the and considering timely public comments, and summarizing and considering recommendations
of county departments; and affected agencies or aad special districts, and evaluating the development's
consistency with this Unified Development Code, adopted plans and regulations. The staff report shall include
Page 25 of 38
Amendments to Existing JCC
proposed findings, conclusions and recommendations for disposition of the development application. The scoff+aff
repGrt shall innli-rlo And- n sirJor All IA.XitteR n61110n n en#s nn the annlina#inn
(3) Upon receiving a recommendation from the administrator or notice of any other matter requiring the hearing
examiner's attention (e.g., an appeal of a Type II administrative decision), the hearing examiner shall perform
the following actions as appropriate:
(a) Hold an open record Prop deGiGi^n hearing on a Type III permit application and make a decision after
reviewing the recommendation of the administrator; or
(b) Hold an open record appeal hearing and make a decision on the following matters:
(i) Appeals of Type II administrative decisions;
(ii) Appeals of administrative interpretations made under Article VI of this chapter;
(iii) Appeals of SEPA threshold determinations made pursuant to Article X of this chapter (other
than determinations of significance); and
(iv) Other matters not prohibited by law.
(4) The hearing examiner shall conduct a public hearing on all Type III development proposals and appeals
listed under 18.40.280(3)(b). ^f Type II adminis+rA+i"o ,�o isi ns fer the n „f taking te6tir GRY hoArin .
ssRsistefaGY I.Aith this Unified Devel.,pmeRt GGde adopted plans and r ulati.,ns. Notice of the hearing
examiner hearing shall be in accordance with JCC . As appliGahlo all anneals Gf RdMiniGtFRti"o
RterpretatiGRIG mad -e- --ind-e-FArtir-Ae VI n -f this Ghapter, and appeals ef SEMPA threshnid determinatinns made
the rlosisi.,n .,n the n eGt annlisatiGR in GiRgle, s 6GIidated public hearing.
Page 26 of 38
Amendments to Existing JCC
(6) In the hearing examiner's decision regarding Type III actions and appeals of Type II administrative
decisions, the hearing examiner shall adopt -Make written findings and conclusions.
Page 27 of 38
Amendments to Existing JCC
Page 28 of 38
Amendments to Existing JCC
the request. if the request is deRied, the previc)6is aGtiGn shall ber-,A-Me final. If the request is graRted, the
heaFiRg exaMiReF may immediately revise and reissue his,thear der-AsiGR c)r may Gall fer arg6lMeRt on
18.40.32-000 Final decision.
......................................—...........................................................................................................................................................................................................................................................................................
(1) Finality. All administrative interpretations made pursuant to Article VI of this chapter and Type II and III
project permit decisions under this code shall be final unless appealed pursuant to Article V of this chapter.
(2) Finding and Conclusions. Each final decision of the hearing examiner and, in the case of certain Type V
decisions, as more fully set forth in Chapter JCC, the board of county commissioners shall be in writing
and shall include findings and conclusions based on the record.
(3) Notice of Final Decision.
(a) Except for those permits exempted under JCC 18.40.080, upon issuance of the final decision, the
administrator shall provide a notice of decision that includes a statement of all determinations made
under SEPA and the procedures for administrative appeal, if any, of the permit decision. The notice of
decision may be a copy of the report or decision on the project permit application. It shall also state that
affected property owners may request a change in valuation for property tax purposes notwithstanding
any program of revaluation fully set forth in RCW 36.706.130.
(b) A copy of the notice of decision shall be mailed, emailed, or hand delivered to the applicant, any
person who, prior to the rendering of the decision, requested notice of the decision, and to all persons
who submitted substantive written comments on the application. The notice of decision shall be provided
to the Jefferson County assessor.
(4) Timing of Notice of Final Decision. The final decision on a development proposal shall should be made
within 120 calendar days from the date of the determination of completeness unless:
(a) Certain days are excluded from the time calculation pursuant to subsection (5) of this section;
(b) The application involves a shoreline permit application for limited utility extensions
(RCW 90.58.140(13)(b)) or construction of a bulkhead or other measures to protect a single-family
residence and its appurtenant structures from shoreline erosion. In those cases, the decision to grant or
Page 29 of 38
Amendments to Existing JCC
deny the permit shall be issued within 21 calendar days of the last day of the comment period specified
in JCC (2);
(c) The application involves a preliminary long plat application under Article IV of Chapter JCC. In
such cases, the application shall be approved, disapproved, or returned to the applicant for modification
or correction within 90 days from the date of the determination of completeness; sr
(d) The application involves a final short plat application under Article III of Chapter JCC, or a final
long plat application under Article IV of Chapter JCC. In such cases, the application shall be
approved, disapproved or returned to the applicant within 30 days from the date of the determination of
completeness..; or
(e) The administrator makes written findings that a specific amount of additional time is needed to
process the protect permit or application, consistent with JCC 18.40.310 (Expiration of Applications).
(5) Calculation of Time Periods for Issuance of Notice of Final Decision. In determining the number of calendar
days that have elapsed since the determination of completeness, the following periods shall be excluded:
(a) Any period during which the applicant has been requested by the county to correct plans, perform
studies, or provide additional information. The period shall be calculated as set forth in
JCC (6)(b).
(b) If substantial project revisions are made or requested by an applicant, the 120 calendar days will be
calculated from the time the county determines the revised application is complete and issues a new
determination of completeness.
(c) All time required for the preparation of an environmental impact statement (EIS) following a
determination of significance (DS) pursuant to Chapter RCW.
(d) Any period for open record appeals of project permits under JCC 18.40.330; provided, however, that
the time period for the hearing and decision shall not exceed a total of 90 calendar days.
(e) Any extension of time mutually agreed upon by the county and the applicant.
(f) Any time required for the preparation of an administrator's code interpretation pursuant to Article VI of
this chapter.
Page 30 of 38
Amendments to Existing JCC
(6) The time limits established in this chapter do not apply if a project permit application:
(a) Requires an amendment of the Jefferson County Comprehensive Plan or this Unified Development
Code; or
(b) Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200.
(7) Notice to Applicant. If the county is unable to issue its final decision on a project permit application within
the time limits provided for in this chapter, it shall provide written notice of this fact to the project applicant. The
notice shall include a statement of reasons why the time limits have not been met and an estimated date for
issuance of the notice of decision.
(8) Effective Date. The final decision of the administrator, hearing examiner, or board of county commissioners
shall be effective on the date stated in the decision, motion, resolution or ordinance; provided, however, that
the appeal periods shall be calculated from the date of the decision, as further provided in
JCC 18.40.330 and 18.40.340.
18.40.310 Expiration of Applications (New)
...................................................................................................................................................................................................................................................................................................................................... .
(1) A land use application shall be null and void if the applicant fails to submit the requested additional
information under JCC 18.40.110, within 180 days from the Department's request or within a time period
as specified by the Hearing Examiner. Applications pending as of October 1, 2019 shall have 180 days to
provide the requested additional information prior to expiring under this section, unless the Administrator
grants an extension under subsection (2). Land use applications expired under this section shall forfeit all
application fees.
(2) The Administrator may grant one or more 180 -day extension(s) of time for land use application(s) that:
(a) Have made substantial progress in obtaining required approvals and have minor approvals
remaining;
Have submitted written proof demonstrating a path for obtaining all remaining approvals within
the 180 -day extension; or,
(c) Demonstrate other written justifiable cause to the Administrator.
(3) The Administrator may review a land use application(s) and make any necessary corrections to the
application(s) expiration date caused by inaccurate and/or missed data entries. Documentation of such
corrections shall be made part of the file's written record.
Page 31 of 38
Amendments to Existing JCC
18.40.320 Vesting of Applications (New)
(1) Purpose. The purpose of this section is to provide for vesting of land use applications and permits
under Title 18 JCC, consistent with state law. A complete application, under JCC 18.40.110, is vested
pursuant to this section to the regulations applicable to the application until the permit is issued or the
application is abandoned, expired, withdrawn, or denied.
(2) Applicability.
(a) This section applies to complete land use applications under Title 18 JCC, complete applications
for building permits (RCW 19.27.095(1)), complete applications for the proposed division of land
(RCW 58.17.033(1)), complete applications for development agreements (RCW 36.70B.180), and
any other complete applications for a project type determined to be subject to the vested rights
doctrine by the Washington legislature or in a published decision after 1987 by a Washington
Court of Appeals or the Washington Supreme Court.
This section does not vest applications to development regulations required by federal or state
law that are subject to final approval by a federal or state agency, including but not limited to
applications for permits under the Shoreline Master Program, Chapter 18.25 JCC or Flood
Damage Prevention, Chapter 15.15 JCC.
(c) This section does not apply to issued permits or approvals.
(3) Vesting of Applications.
(a) A complete application under JCC 18.40.110 shall vest consistent with applicability of this section
and state law.
(b) A complete application subject to vesting pursuant to this section shall be subject to all
development regulations in effect on the vestinq date.
(c) A complete application is vested for the specific use, density, and physical development that is
identified in the application submittal, consistent with state law.
(d) The applicant is responsible for monitoring the time limitations and review deadlines for the
application. The County shall not be responsible for maintaining a valid application. If the
application expires, a new application may be filed with the Department, but shall be subject to
the development regulations in effect on the date of the new application is complete.
Page 32 of 38
Amendments to Existing JCC
(e) Substantial revisions to applications which increase the specific uses, density, or physical
development are subject to vestinq at the time of the major or substantial revision. Substantial
revisions shall be considered a new application consistent with JCC 18.40.110
(4) Waiver of Vestinq. An applicant may voluntarily waive vested rights at any time durinq the processing
of an application by deliverinq a written and siqned waiver to the Administrator statinq that the applicant
agrees to comply with all development regulations in effect on the date of delivery of the waiver and any
subsequent modifications to development regulations until permit issuance or approval.
18.40.325 Suspension, Revocation, or Modification of Permits (New)
.......................................................................................................................................................................................................................................................................................................................................
(1) The hearing examiner may suspend, revoke, or modify a Type I, II, or III land use permit or approval
after a notice of non-compliance to the affected parties, a recommendation from the Administrator, a
public hearing consistent with the Hearing Examiner Rules of Procedure, and with written findings when:
(a) Decision, approval, or permit was obtained by fraud, misrepresentation, or clear inadvertent
error;
(b) Use for which such decision, approval, or permit was granted is not being exercised within
three years of approval, unless the decision, approval, or permit provides for a greater period of
time or the Administrator has authorized an allowable extension of time;
(c) Use for which decision, approval, or permit was granted ceased to exist or has been
suspended for three years or more unless the Administrator has authorized an allowable
extension of time;
(d) Decision, approval, or permit is being, or recently has been exercised contrary to the terms or
conditions of such decision, approval, or permit or is in violation of any local or state law or
regulation; or,
(e) Use for which decision, approval, or permit was granted was so exercised as to be detrimental
to the public health or safety, or so as to constitute a public nuisance.
Article V. Appeals
Page 33 of 38
Amendments to Existing JCC
18.40.330 Administrative appeals.
................................................................................................................................................................................................................................................................................................................................
In the absence of a specific right of appeal authorized under this UDC, there shall be no right to administrative
appeals.
(1) Type I Permits. Decisions of the Administrator on Type I permits and decisions regarding the appropriate
permit process to be used for discretionary conditional use permit applications (i.e., "C(d)" uses listed in Table
3-1 in JCC ) under JCC 18.40.5207 are not appealable to the hearing examiner. However,
administrative code interpretations may be appealed as set forth in Article VI of this chapter.
(2) Type II Permits.
(a) The administrator's final decision on a Type II permit application may be appealed by a party of
record to the hearing examiner for an open record appeal hearing as further set forth in JCC 18.40.280.
The responsible official's SEPA determination of nonsignificance (DNS) or mitigated determination of
nonsignificance (MDNS) may also be appealed by a party of record to the hearing examiner for an open
record appeal hearing. Administrative appeals of a DS or draft or final EIS are not allowed.
(b) All appeals of Type II permit decisions must be in writing, conform with the procedures for appeal set
forth in Chapter 2.30 JCC and the Hearing Examiner Rules of Procedure s6ibGeGtiG , (5) „f this GeGtiGR,
and shall be filed within 14 calendar days after the notice of decision is issued. Appeals of environmental
determinations under SEPA, except for a determination of significance (DS), shall be consolidated with
any open record hearing on the project permit. (See RCW (6)(d)).
(3) Type 111 Permits-. SEPA Decisions.
(a) The responsible official's DNS or MDNS may be appealed to the hearing examiner by the applicant
or anyone commenting on the environmental impacts of the proposal (as further set forth in
JCC ). The appeal must be in writing, in conformance with subsection (5) of this section, and
be filed within 14 calendar days after the threshold determination is issued as set forth in subsection (4)
of this section. Appeals of environmental determinations under SEPA shall be consolidated with any
open record hearing on the project permit. (See RCW 36.706.11 t;;(6)(d)). Administrative appeals of a DS
or draft or final EIS are not allowed.
Page 34 of 38
Amendments to Existing JCC
(4) (b) of Appeal PeriGds. The SEPA appeal periods shall be calculated .,f thea dates +ho
no -tiro Of published „r fer appeals ;n GlViRg a cGoo ,+o+orMiRatiGR, from the date the decision
is issued pursuant to WAC 197-11-340(2)(d).
18.40.340 Judicial appeals.
.......................................................................................................................................................................................................................................................................................................................................
(1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final decision of the
administrator; or hearing examiners to a court of competent jurisdiction in a manner consistent with state law.
All appellants must timely exhaust all administrative remedies prior to filing a judicial appeal.
Page 35 of 38
Amendments to Existing JCC
(2) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be
served by delivery to the county auditor (see RCW ), and all persons identified in RCW 36.70C.040,
within the applicable time period. This r on# ;s ;sd;G#i. nal
(3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records
ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records,
the appellant shall post an advance fee deposit in an amount specified by the county auditor with the county
auditor. Any overage will be promptly returned to the appellant.
18.40.390 Appeals of administrator's interpretations.
When an interpretation is made in response to a written request pursuant to the provisions of this article, the
person filing the written request may appeal the decision of the administrator to the hearing examiner within 14
calendar days of the decision using the process for appeals of Type II permit decisions as set forth in
JCC 18.40.330, Chapter 2.30 JCC, and the Hearing Examiner Rules of Procedure. The fee for such appeal
shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the time of filing
the appeal.
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.810 Appeals.
.......................................................................................................................................................................................................................................................................................................................................
(1) Appeal of a Threshold Determination for a Type I Permit Decision. Threshold determinations on Type I
permit decisions may not be appealed administratively to the hearing examiner.
(2) Appeal of a Threshold Determination for Type II Permits — Open Record Hearing. The decision of the
responsible official on Type II permits making a threshold determination of a DNS or MDNS, approving a
proposal subject to conditions, or denying a proposal under SEPA's substantive authority may be appealed to
the hearing examiner pursuant to JCC 18.40.280, Chapter 2.30 JCC, and the Hearing Examiner Rules of
Procedure for an open record appeal hearing. Any such appeal must be filed within the time limits of
JCC 18.40.330(2)(b), and must be consolidated with any appeal on the underlying Type II permit decision. Any
Fe GIUos#s fnr ro si.Jora#inn shall be g Waal by iGG .I G.
(3) Appeal of a Threshold Determination for Type III Permits — Open Record Hearing. The decision of the
responsible official on Type III permits making a threshold determination of a DNS, approving a proposal
subject to conditions, or denying a project under SEPA's substantive authority may be appealed to the hearing
examiner pursuant to JCC 18.40.280,—Chapter 2.30 JCC, and the Hearing Examiner Rules of Procedure. The
Page 36 of 38
Amendments to Existing JCC
open record public hearing on the SEPA appeal shall be before the hearing examiner, who shall consider the
appeal together with the decision on the project application in a single, consolidated hearing as further set forth
in Article IV of this chapter. ARy requests f„r shall ho g .,ed by irr _
(4) Appeals of Threshold Determinations for Type V Actions. Threshold determinations of the responsible
official on Type V decisions (other than a DS) may not be appealed to the hearing examiner.
(5) Limitations on Appeals for All Types of Permits. When a threshold determination results in a DS it shall not
be appealable. In addition, issues relating to the adequacy of the EIS and other procedural issues may not be
appealed under this article.
(6) Who May Appeal. An applicant or other party of record, as defined in Chapter JCC, may file a SEPA
appeal as provided in this article.
(7) Time to Appeal Administrative Decisions. A written statement appealing the threshold determination must
be filed within 14 calendar days after the notice of decision is issued. %^rhon the Gale dar day gas defined ;n
(8) Form of Appeal. A person or group appealing the decision of the responsible official shall submit a written
appeal in the form and manner set forth in JCC (5) Chapter 2.30 JCC and the Hearing Examiner's
lZRIZ-ne. -. _rsa.-MuIMM-M rrsir. :r saa-rrrrrrsar-rss�:�sr.�n.. .
(9) Scope of Review. The hearing examiner shall affirm, modify or reverse the responsible official's decision,
and shall enter findings and/or conclusions into the record to support the decision. In making the decision, the
hearing examiner shall give deference to and afford substantial weight to the decision of the responsible
official. Review shall be on a de novo basis.
(10) Judicial Appeals. Pursuant to RCW 43.21 C.075, if there is a time period for appealing the underlying
permit decision, appeals under this article shall be commenced within such time period. The county shall give
official notice stating the date and place for commencing an appeal.
(a) Optional Limitation Period. If there is no time period for appealing the underlying government action,
the county, applicant for or proponent of an action may use a notice of action pursuant to
RCW 43.21C.075 and 43.21C.080. The notice shall describe the action and state time limitations for
Page 37 of 38
Amendments to Existing JCC
commencing a challenge to that action, in a form substantially similar to that provided in WAC
The notice shall be published by the department, applicant or proponent pursuant to
RCW 43.21C.08G, and any action to set aside, enjoin, review or otherwise challenge any such
governmental action shall be commenced within 21 days from the date of the last newspaper publication
of the notice of action, as further set forth in RCW 43.21C.080.
(b) Exemption. This article does not apply to decisions made pursuant to Chapter RCW, the
Shoreline Management Act. Appeals of SEPA mitigation measures pertaining to projects subject to
Chapter RCW shall be made to the shoreline hearings board along with the appeal of the county's
shoreline decision, as further set forth in Chapter RCW. In addition, as an alternative dispute
resolution process, any SEPA appeal, whether involving a shoreline issue or not, may be made to the
shoreline hearings board upon the consent of the parties to the action, as further set forth in
RCW 43.21 C.075(7).
(11) Violations and Penalties. The administrator is authorized to enforce the provisions of this article whenever
he or she determines that a condition exists in violation of this article or permit issued hereunder. All violations
of any provisions of this article, incorporated standard or permit issued pursuant to this article are made subject
to the provisions of Chapter 18.50 JCC, which provides for voluntary correction, notice and orders to correct the
violation, stop work and emergency orders, and assessment of civil penalties.
(12) Public Nuisance. All violations of this article are determined to be detrimental to the public health, safety
and welfare and are public nuisances, and may corrected by any reasonable and lawful means, as further set
forth in Chapter 8.90 JCC.
(13) Alternative Remedies. As an alternative to any other judicial or administrative remedy provided in this
article or by law or ordinance, any person who willfully or knowingly violates or fails to comply with any stop
work order or emergency order issued pursuant to Chapter JCC is guilty of a misdemeanor and upon
conviction shall be punished as set forth in JCC 18.50.110. Each day such violation or failure to comply
continues shall be considered an additional misdemeanor offense. [Ord. 8-06 § 1]
Page 38 of 38
Amendments to Existing JCC
^yrs
James M. Kennedy Prosecuting Attorney
Hearing Examiner Code,
Rules of Procedure, and
JCC Amendments
Presentation by
Philip C. Hunsucker, Chief Civil DPA
and
Austin Watkins, Civil DPA
10/17/2019 Nresented to BoCC on October 21, 2019
Current Draft Status
1. BoCC has reviewed the draft ordinance in three informational sessions.
2. County departments have reviewed the draft ordinance at least two
times.
3. The hearing examiner has reviewed the draft at least two times. PAO has
made substantial revisions to the draft ordinance based upon feedback
throughout the legislative process.
4. Public Hearing on October 7, 2019. PAO suggests revisions based on
public comments.
10/17/2019 Presented to BoCC on October 21, 2019
Public Hearing and Written Public Comment
• Board of County Commissioners held a public hearing on October 7, 2019. Three
individuals testified.
• Board of County Commissioners had a public comment period from September 11,
2018 until October 11, 2019. Five written comments received.
• Staff has reviewed the written and oral comments and recommends the following tow
changes to the draft ordinance:
• Proposed JCC 2.30.040 (Examiner — Qualifications) changing "should" to "shall".
• Proposed JCC 2.30.070 (Hearing Examiner Rules of Procedure) to change the proposed rule
and amendment process. The revision requires all new rules and amendments proposed by the
hearing examiner to be approved, modified, or denied by motion of the board of county
commissioners.
10/17/2019 Presented to BoCC on October 21, 2019
Proposed Next Steps
1. BoCC Deliberations: BoCC to deliberate on the proposed draft
ordinance and make modifications if appropriate;
2. Designation of the Office of the Hearing Examiner: The BoCC should
provide direction on the county office responsible for the Office of the
Hearing Examiner.
3. Action: Consider possible action on the draft ordinance on October 28,
2019.
10/17/2019 Presented to BoCC on October 21, 2019
Review and Summary of Comments: re Proposed Hearing Examiner Code, Rules of Procedures,
and Jefferson County Code Amendments — 10/17/2019
Comment # 001 — Kathleen Waldron.
a. Comments relate to marijuana in rural residential, the conditional use permit
process, and content of hearing examiner record.
i. No revisions needed.
ii. Marijuana in rural residential is outside the scope of this process and is
likely a development regulation.
iii. The conditional use permit (CUP) process is outside the scope of this
process and is a development regulation.
iv. JCC 2.20. 110 and Rule 4.2 address these issues.
2. Comment # 002 — Ron Rempel.
a. Comments relate to the hearing examiner.
i. One revision required. Update to JCC 2.30.070 to make it clear that
amendments must be approved by the BoCC.
ii. Opposed to delegating rulemaking to the hearing examiner. Relies on
King County's formal rulemaking process. Jefferson County does not have
a formal rulemaking process.
iii. The comment relating to the provision for "exceptions" to the rules is
already in the Rules. See rule 1.8
iv. JCC 2.20.110 and Rule 4.2 have very clear and detailed guidelines of what
must be in departmental staff reports, similar to other counties.
v. JCC 18.40.530(2) requires all 13 CUP criteria to be met otherwise, it must
be denied. "In instances where all of the above findings cannot be made,
the application shall be denied."
vi. The examiner's decision must be in compliance with JCC 2.30.120. This
requires that the decision be consistent with RCW 36.70.970. Also Rule
6.1 requires that: the examiner shall make and enter findings of fact from
the record and conclusions which supports the decisions. The findings of
fact shall be supported by substantial evidence in the record and the
conclusions of law shall be based upon applicable provisions of the
comprehensive plan, sub area plans, Shoreline Master Program, other
relevant plans, applicable decisions of courts, and applicable decisions of
administrative agencies.
Comment # 003 — Carol Gonnella
a. No revisions necessary
b. PAO comments:
i. PAO reviewed Ms. Gonnella's comments. The majority of the comments
relate to the CUP process. The suggested changes were mostly in the form
of development regulations (a de facto development regulation can include
other legislative enactments, which directly modify a GMA permitting
path or public participation process).
ii. Two of the three goals, announced by PAO and stated below by Ms.
Gonnella were accomplished. First, the rules of procedure make it
extremely clear what material is available and when it goes to the parties.
Second, the rules of procedure provide a "playbook" for the citizens to use
and understand the hearing examiner system. Third, after careful review,
Page 1 of 2
Review and Summary of Comments: re Proposed Hearing Examiner Code, Rules of Procedures,
and Jefferson County Code Amendments — 10/17/2019
the rules of procedure will rely on the individual notice provisions of the
code section at play. For example, the rules rely on the notice
requirements for conditional use permits or nuisance appeals. Notice
requirements are likely a development regulation under GMA Goal 9 11
(public participation); therefore, notice requirements are outside the scope
of this draft ordinance. See WEAN v. Island County, WWGMHB, 97-2-
0064 (FDO, 6-3-98).
iii. Jefferson County is subject to the public records act. The County complies
with requests from citizens for documents on a daily basis. DCD usually
puts up supporting case file documents on laerfische as soon as they are
received and reviewed. Ms. Gonnella wants DCD and county departments
to be available to consult with citizens for an unlimited amount of time
and without cost. This is simply not the way GMA and the Public Records
Act were designed. The proposal goes beyond the current law. Put simply,
Jefferson County has and will continue to comply with public participation
and record requirements. This not within the scope of this proposal.
iv. The proposal, does in fact give Ms. Gonnella much of the relief she
requests. First, it requires departmental reports and requires the reports to
"state and apply the basic applicable laws, regulations, and policies
(including relevant Growth Management Act provisions, Comprehensive
Plan goals and policies, applicable provisions of the JCC, Unified
Development Code interpretation, etc.) to the case; ... in-depth analysis of
the proposal compared to the applicable laws, regulations, and policies."
Pg. 12 of proposed Hearing Examiner Rules of Procedure.
v. See pages 18-20 on evidence and burden of proof standards. Evidence and
burden of proof standards for most (if not all) situations are included in the
Rules.
4. Comment 9 004 - Carol Gonnella and Ron Rempel
a. One revision necessary. Changing "should" to "shall" in JCC 2.30.040.
i. Staff cannot support any of the other comments for a variety of reasons.
Please see the word version of the comments, which contains and
individual response to each comment.
5. Comment 9 005 — David Alvarez
a. No revisions necessary.
i. Comment relating to the computation of time is helpful; however, as that
section is being re -written there will be no computation of time necessary
for Title 2.30.
ii. Staff disagrees that Washington's Administrative Procedure Act applies.
No changes necessary.
At the October 7, 2019 the following three individuals spoke: (1) Ron Rempel; (2) Kathleen
Waldron; and (3) Carol Gonnella. Their oral comments relate to and were included in their
written comments have already been responded to.
Page 2 of 2
Austin Watkins
From: Julie Shannon
Sent: Friday, October 11, 2019 4:20 PM
To: Patty Charnas; Austin Watkins; Philip Hunsucker
Subject: FW: Hearing Examiner Concerns
Julie Shannon
Executive Secretary 11, Jefferson County Commissioners Office
360 385 9100
-----Original Message -----
From: Kate Dean <KDean@co.jefferson.wa.us>
Sent: Friday, October 11, 2019 12:50 PM
To: Julie Shannon <JShannon@co.jefferson.wa.us>
Subject: FW: Hearing Examiner Concerns
From: Kathleen Waldron
Sent: Friday, October 11, 2019 12:49:53 PM (UTC -08:00) Pacific Time (US & Canada)
To: David Sullivan; Kate Dean; Greg Brotherton; Philip Morley
Cc: Carol Gonnella; rrempel2@msn.com; Patricia Earnest; Vigo & Paula Anderson
Subject: Hearing Examiner Concerns
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Dear Kate, David, Greg and Phil -
Thank you for the opportunity to respond to the Hearing Examiner discussion that was on Monday, October 7, 2019.
Carol Gonnella, Ron Rempel & I are each writing separate letters, & ask you to respond to them in our appointments
with you on October 15.
My questions are the following:
1. What has changed in 3 years to protect rural residential property from marijuana industrial sites?
2. How will the Hearing Examiner changes help us?
3. Will the CUP process be transparent & available to all?
4. Will the CUP process require the rationale & documentation for the approval or disapproval for ALL 13 CUP
conditions, & will it be part of the Public Record? We need to trust that county laws are being followed, & the Hearing
Examiner also needs to have this information.
1
5. Can there be simple "1,2,3 Steps" with Timelines" written in lay language, for both the CUP process & the Hearing
Examiner process?
6. Will you provide funding in the 2020 Budget & support for a 2020 County Docket request for a marijuana zoning
review in Jefferson County?
Thank you for your time & your responses. Sincerely,
Kathleen Waldron
50 Beach Drive, Nordland WA 98358
Austin Watkins
From: jeffbocc
Sent: Friday, October 11, 2019 4:16 PM
To: David Sullivan
Cc: Austin Watkins; Philip Hunsucker
Subject: FW: BoCC Hearing Examiner hearing - Appendix A and Appendix B
From: RON <RREMPEL2@msn.com>
Sent: Friday, October 11, 2019 2:15 PM
To: jeffbocc <jeffbocc@coJefferson.wa.us>; Greg Brotherton <GBrotherton@co.jefferson.wa.us>; Kate Dean
<KDean@co.iefferson.wa.us>
Cc: Philip Morley <pmorley@coJefferson.wa.us>; Patty Charnas <PCharnas@coJefferson.wa.us>; Carol Gonnella
<carolgonnella@gmail.com>
Subject: BoCC Hearing Examiner hearing - Appendix A and Appendix B
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Dear Commissioners
As a resident of Jefferson County I am very concerned about various aspects of the Jefferson County Code (JCC) administered by its
departments and amendments thereto. I look at it from the perspective of my 40 years of public service with an organization that had
both the responsibility to develop regulations and administer those regulations for the benefit of the public. I also had the
responsibility to reviewed repots and regulations prepared by my staff. As part of the review process, I always expected staff to be
clear and straight -forward when they presented new regulations or regulation modifications and to clearly and factually articulate why
a new regulation was needed or why one needed amending. I often asked for supporting evidence and specific facts and data and
expected it to be accurate and factual.
At the hearing last Monday, several parts of the presentation and comments by the PAO representatives seemed a bit off and
potentially misleading at least to the public. Their presentation also appeared to utilize methods often used in sales presentations such
as the use of red Xs to indicate something that they consider bad and green checkmarks to indicate good rather than just providing an
unbiased presentation and showing proposed changes, both deletions and additions. Even more confusing was the use of a green
checkmark under the Existing Code column by "Authorized rules of procedure, subject to BoCC approval with a corresponding
section in the Proposed Code column also with a green checkmark but stating "Authorization for [changes to] rules of procedure,
subject to BoCC rejection or modification. The slide implied that what is being retained from the existing code is being inserted into
the proposed code but with just slightly altered wording. While the wording may only be slightly altered, the change is significant in
multiple ways.
The precise wording in the proposed revised code section 2.30.070 (2) states "... The examiner is delegated authority to amend the
Hearing Examiner Rules of Procedure pursuant to this section. Within 5 days after adoption or amendment of any Hearing Examiner
Rule of Procedure, the examiner shall transmit a copy of the public rule or amendment to the clerk of the board of county
commissioner for county commission review and possible action (emphasis added). The Hearing Examiner Rules of Procedure or
amendment shall remain in effect unless rejected or modified by a motion of the board of county commissioners within 30 days of the
transmission to the clerk of the board of county commissioners. The examiner shall incorporate any such rejection or modification
within 10 days after adoption of the motion of the board of county commissioners. "
This section is clearly worded assume that a change in the Hearing Examiner Rules of Procedure (HERP) does not require board of
commissioner approval. Changes to the HERP are in full effect immediately and stay in effect unless rejected or modified by the
BoCC. During the hearing, the BoCC may have been mislead on this issue during the PAO presentation (green checkmark indicating a
section of the existing rule would remain) and in PAO response to a commissioner question. The PAO stated that changes to the
HERP would be submitted to the BoCC to approve, reject or modify (see BoCC hearing recording at time point 2.11.22). The
proposed code does not require changes to the HERP to be approved by the BoCC and in fact leaves any changes in effect unless
2.07.48 of the hearing recording " when the hearing examiner makes a change to the HERP. Since a change can be made with no
notice to the public, as is the case since the BoCC doesn't have to approve a change change, it would not be agendized. It was
inaccurate to say it is like a consent calendar item, it is not. Consent calendar items are actions that the Board in considering for
approval. How will the public know a change has been made by the hearing examiner before it automatically becomes final after 35
days unless there is a required approval action by the BoCC?
In addition to the response to BoCC questions on this topic, the PAO stated the proposed wording was need to make minor changes
like adding or deleting a comma, implying that they would be de minimis in nature. This is misleading since there are no sideboards
regarding what types of changes the examiner could make to the HERP. To accommodate the stated concerns about a missing comma,
etc. is exactly why we proposed adding "non -substantive portions of'to the first sentence of 2.30.070(2). It accomplishes what the
PAO said needed to be accomplished without a total delegation of legislative authority to the quasi-judicial authority of the examiner.
Just to be clear, while Appendix A, Chapter 2.3 is an administrative section of the JCC, it is a delegation of the BoCC's quasi —judicial
powers which should be guarded closely by the JCC, an elected body responsible to the residents of Jefferson County. The JCC should
not give an open-ended delegation of their powers (whether they be legislative or quasi-judicial) to an administrative official that can
change the rules whenever they desire.
The presentation also utilized the "band wagon" argument for why Appendix A and B are correctly written. At multiple places during
the hearing, the BoCC was told that the proposed Appendix A and B were patterned after the relevant codes in King and Snohomish
and to some extent Kitsap County. While some sections were lifted almost verbatim from other county's documents, those sections
were not terribly important sections and extremely relevant (from a process perspective) sections from afore mentioned county codes
were not included in Appendix A or B. For example, in the Snohomish County Code (SCC), there is a provision for Exceptions to
Rules- SCC Chapter 2, 1.7 that states
"In the event than an unanticipated situation arises which does not lend itself to full, literal interpretation with a rule, the examiner
reserves the right to exercise discretion to address such circumstances"
This language could be incorporated into Appendix A, although our proposed wording makes better sense for circumstances that
would likely occur in Jefferson County. King County code does not include a provision for the hearing examiner to change the code
nor does Kitsap County. All three counties have kept there hearing examiner rules within their commissioner approved codes. King
County has delegated modification of some statutes to departments but the departments are required to go through a full rule making
process.
Both King and Snohomish Counties examiner rules include wording that details what has to be included in a staff report. What they
require is consistent with our proposal to include references to JCC 18.40.530. If PAO claims it utilizing King, Kitsap and Snohomish
counties as examples of how Jefferson County should word key sections of Appendix A and B, using our proposed wording changes
should be adopted. Even the PAO's office grudging acknowledged that references to JCC 18.40.530 could help, but then stated they
think their proposed language might be good enough.
Another lesson you might want to take for the other counties is to create distinct sections of Appendix A and B that address land use
matters and "other matters" It would actually make the appendices easier to read and understand and allow for specific differences
relating to matters when hearing examiner process is utilized.
The PAO also may have misinterpreted what JCC Section 18 says about what the hearing examiner currently has a responsibility to
do. The PAO stated that the current code "requires hearing examiner to make sure all 13 criteria are met".BOCC Hearing Oct 7,
2019 at 2.09.25
This requirement is not in the current code and recent hearing examiner decisions in Jefferson County do not include findings that all
13 criteria have been met let alone any references to the specific evidence demonstrating that they have been met. Again, this missing
requirement is exactly why our proposed changes would require that the 13 specific findings be made and supported by the evidence
in the DCD staff report.
The Snohomish county rules require "detailed findings as to the conformance of an application with adopted laws and policies,
including consistency determinations required by SCC 30.70.100." Appendix B could be partially rewritten to use the same wording
"detailed findings as to the conformance of an application with adopted laws and policies, including consistency determinations
required by JCC 18.40.530"
Since Jefferson County says it is patterning Appendix A and B upon King, Snohomish and Kitsap Counties, the critical parts of their
Hearing Examiner Rules need to be incorporated.
Thank you and best regards, Ron Rempel
Austin Watkins
From: Carol Gonnella <carolgonnella@gmail.com>
Sent: Wednesday, October 9, 2019 9:03 PM
To: jeffbocc; Kate Dean; Greg Brotherton; Philip Morley; Patty Charnas; Austin Watkins;
James Kennedy
Subject: Written Response re: Hearing Examiner Procedures, Exhibits A & B
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Dear Board of County Commissioners:
We are now entering a third year of us asking for the
County's assistance in protecting the homes and quality
of life of Jefferson County citizens who reside in rural
residential zoning areas. Several of us were before you
again on Monday, October 7, 2019, where you allowed
us to have our three minutes and thereafter precluded
us from being allowed to say anything. It is incredibly
frustrating. Our only recourse is to schedule individual
meetings with you so we can actually have a
conversation. It takes up your valuable time and it
takes up ours as well.
At a BOCC hearing on June 17, 2019, Austin Watkins of
the PAO told you and those of us in attendance that the
PAO would be creating documents (a new hearing
examiner code, rules of procedure, and JCC
amendments) addressing the following regarding the
county's protocol in all hearing examiner cases:
• Materials going to all parties
• What goes into notice
• Recommend a way to guide both the applicant
and the citizens
At our individual meetings with you on August 20 (with
David and Philip) and on August 29 (with Greg and
Patty) you asked us to be patient, as these new
documents being created by the PAO were to be the
panacea to address the concerns we have had about
the lack of county cooperation and lack of due process
that we experienced in the last two administrative
hearings of Austin Smith (aka: Olympus
1
Gardens). These new documents were to make it afar
more fair process to those affected citizens which
would include adequate notice, open access to
documents and county staff, an opportunity to
adequately prepare for any hearings and a written
rationale of DCD's decisions.
I reached out to James Kennedy and Austin Watkins in
the PAO, asking them about these new documents and
requesting that the issues of 1) notice to affected
citizens, 2)accessibility of documents and DCD staff by
affected citizens and 3) written criteria analysis by DCD
staff to be included in the documents being drafted. I
received an email back from Austin Watkins on
September 4, 2019 stating in pertinent part "...the
policy direction comes from the county departments
and county administrator, with legislative input and
approval from the Board of County
Commissioners." This is how we feel:
• You point to the PAO as the county department
that will protect us by drafting the due process
provisions into these new documents
• The PAO points to you to make these due
process provisions in the documents to protect
us
We did receive the new documents mid September and
after review, determined THEY DO NOT ADDRESS OUR
CONCERNS. On September 26, 2019, Ron Rempel and
I (after hours of us working together) submitted
recommended changes to both Exhibit B, Hearing
Examiner Rules of Procedure and Exhibit A, Chapter
2.30, Hearing Examiner. We felt we would try to be
team players and submit only a few changes in an
attempt to get the documents completed rather than
just be complainers. Thus we only made five rather
small changes in the 13 pages of Exhibit A and ten
relatively small changes in the 24 pages of Exhibit B. In
listening to Austin Watkins at the 10-7 hearing, I do not
think the PAO even looked at our proposed
changes. None were incorporated into the drafts
submitted to you.
We now have our individual meetings scheduled with
each of you on the morning of October 15. We have
requested that Mr. Morley also be present at those
meetings. To keep the meetings as short as possible, we
are submitting questions about the documents we
would like for you to answer at the meeting:
2
• What are the notice requirements? Do you feel
they are sufficient for affected citizens to
adequately prepare of a complicated hearing,
for example, a CUP application of a marijuana
facility that may require scientific, engineering,
and other experts to study the issues and
prepare to testify at the hearing?
• What access do affected citizens have to both
county documents and county staff in
preparation for the administrative hearings?
• How is the county protecting its citizens so no
other persons need go through what the
islanders of Marrowstone went through? As
David Sullivan stated on February 26, 2019,
regarding the two hearings of Austin
Smith: "The DCD let us down and we are
ultimately responsible for that. I apologize for
the system not working." Your citizens in Coyle
are presently facing the same thing that the
Marrowstone residents faced. How are you
protecting them?
• What is the burden of proof both for the
applicant and the affected citizens in the
administrative hearing? Do the
recommendations of the county to the hearing
examiner (approval or denial) affect that
burden of proof?
We look forward to the meetings with you and to
hearing your responses to the above questions.
Thank you and warm regards, Carol Gonnella
On Sep 26, 2019, at 2:12 PM, Carol
Gonnella <carolgonnella@gmail.com>
wrote:
Dear Board of County
Commissioners:
3
Ron Rempel and I have been working on
the drafts of Appendix A, Chapter 2.30,
Hearing Examiner, and Appendix B,
Jefferson County Hearing Examiner Rules
of Procedure which were provided to us
by Austin Watkins in the
Prosecuting Attorneys Office. We are
attaching a WORD document showing our
proposed edits in red. We are also
attaching a pdf version with our edits in
case a person reviewing does not have
tracking.
Although we still believe that the gold
standard for protecting residents in rural
residential areas from marijuana facilities
is a change in the law, you have refused
our request to put this issue on your 2019
docket. We are hopeful you will place it
on the 2020 docket. Until the law can be
changed, we hope that the attachments,
with our suggested changes, will provide a
road -map both for county departments and
for the hearing examiner in
conducting administrative hearings.
We appreciate your review of our
suggestions and look forward to working
with you to create procedures that protect
both applicants and your affected citizenry
in all matters to be adjudicated in an
administrative hearing before a hearing
examiner.
You have assured us in the meetings we
had with you on August 20 and August 28
that you will provide notice to us of all
public hearings reviewing these
documents. We look forward to hearing
from you.
Warm regards, Ron Rempel and Carol
Gonnella
<9-28-19 Redraft of HE Rules.docx>
<9-28-19 Redraft of HE Rules.pdf>
Austin Watkins
From: Austin Watkins
Sent: Monday, October 7, 2019 9:53 AM
To: jeffbocc
Cc: Julie Shannon
Subject: FW: Draft of HE Procedures, Exh A & B
Attachments: 9-28-19 Redraft of HE Rules.docx; ATT00001.htm; 9-28-19 Redraft of HE Rules.pdf;
ATT00002.htm
FYI comments for Hearing Examiner.
Austin Watkins
Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9248 Fax: 360-385-9186
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW
42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail
unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws.
From: Patty Charnas
Sent: Thursday, September 26, 2019 2:36 PM
To: Austin Watkins <AWatkins@co.jefferson.wa.us>
Subject: FW: Draft of HE Procedures, Exh A & B
FYI
From: Carol Gonnella <carolgonnella@gmail.com>
Sent: Thursday, September 26, 2019 2:12 PM
To: jeffbocc <ieffbocc@co.iefferson.wa.us>; Kate Dean <KDean@co.iefferson.wa.us>; Greg Brotherton
<GBrotherton@co.iefferson.wa.us>; Philip Morley <pmorley@co.iefferson.wa.us>; Patty Charnas
<PCharnas@co.iefferson.wa.us>; Brenda And Ron <rrempel2@msn.com>
Cc: Kathleen Waldron <kathleen.waldron@icloud.com>; Patricia Earnest <earnest.pi@gmail.com>; vigoanderson
<vigoanderson@gmail.com>; Victoria Galanti <vicga11804@gmail.com>
Subject: Draft of HE Procedures, Exh A & B
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Dear Board of County Commissioners:
Ron Rempel and I have been working on the drafts of Appendix A, Chapter 2.30, Hearing Examiner, and Appendix B, Jefferson
County Hearing Examiner Rules of Procedure which were provided to us by Austin Watkins in the Prosecuting Attorneys
Office. We are attaching a WORD document showing our proposed edits in red. We are also attaching a pdf version with our
edits in case a person reviewing does not have tracking.
Although we still believe that the gold standard for protecting residents in rural residential areas from marijuana facilities is a
change in the law, you have refused our request to put this issue on your 2019 docket. We are hopeful you will place it on the
2020 docket. Until the law can be changed, we hope that the attachments, with our suggested changes, will provide a road-map
both for county departments and for the hearing examiner in conducting administrative hearings.
We appreciate your review of our suggestions and look forward to working with you to create procedures that protect both
applicants and your affected citizenry in all matters to be adjudicated in an administrative hearing before a hearing examiner.
You have assured us in the meetings we had with you on August 20 and August 28 that you will provide notice to us of all
public hearings reviewing these documents. We look forward to hearing from you.
Warm regards, Ron Rempel and Carol Gonnella
Appendix A
Chapter 2.30 HEARING EXAMINER
2.30.040 Examiner — Qualifications.
The examiner shall have such training or experience as will qualify
the examiner to conduct administrative or quasi-judicial hearings
utilizing land use and other regulatory codes. The examiner must
have expertise and experience in land use planning and shetild
shall have knowledge or experience in at least one of the following
areas: environmental sciences, law, public administration,
architecture, economics or engineering. Commented[AW1 ]:Will adopt the requested change.
2.30.070 Hearing Examiner Rules of Procedure.
(1) Initial Hearing Examiner Rules of Procedure. Initial Hearing
Examiner Rules of Procedure shall be adopted by the board
of county commissioners with Chapter 2.30 JCC. -
(2) (Amendment of Hearing Examiner Rules of Procedurel. The Commented [AW2]: staff cannot support this request.
examiner is delegated authority to amend non -substantive
portions of the Hearing Examiner Rules of Procedure
pursuant to this section. Within 5 days after adoption or
amendment of any Hearing Examiner Rule of Procedure, the
examiner shall transmit a copy of the public rule or
amendment to the clerk of the board of county
commissioners for county commission review and possible
action. The Hearing Examiner Rules of Procedure or
amendment shall remain in effect unless rejected or modified
by a motion of the board of county commissioners within 30
days of transmission to the clerk of the board of county
commissioners. The examiner shall incorporate any such
rejection or modification within 10 days after adoption of the
motion of the board of county commissioners. sEp
2.30.080 Examiner — Powers and Duties.
_(3) The examiner shall �eceive and examine available relevant Commented [AW3]: Likely a development regulation.
information, including environmental documents, conduct Staff cannot support
hearings, cause preparation of the official record, prepare and
enter findings of fact and conclusions of law, and issue
recommendations to the board of county commissioners for
road vacations under Chapter 12.10 JCC (non- land use
Baring . ,_QFor any conditional use permit CUP, app ication,
Formatted: Font: (Default) Times New Roman, 16 pt
the examiner shall also receive and examine the department's
evaluation of CUP approval criteria contained in JCC
18.40.530.
.---- Formatted: No bullets or numbering
2.30.110 Departmental Reports to the Examiner.
When an lapplication, appeal, or hearing is scheduled to be heard Commented [Awa]: Highly specific requirements are in
by the examiner, the department shall prepare a departmental the Rules.
report summarizing the facts involved and the specific facts that
support 4 -the department's findings and recommendations.
2.30.120 Examiner's Decision.
_(6) The examiner has the authority to impose conditions that
have a nexus to the county's interest and are roughly
proportional to the impacts of the notice, order, permit,
decision, determination, or other action being considered by
the examiner. sEp
Commented [AWS]: Likely development regulation.
Cannot change. Outside the scope.
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Line spacing: At least 18 pt, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5", No widow/orphan
control, Don't adjust space between Latin and Asian
text, Don't adjust space between Asian text and
numbers, Tab stops: 0.15", Left + 0.5", Left
examiner must find that the CUP is consistent with JCC
18.40.530 and identify the specific evidence upon which that
determination was based.
Formatted: No bullets or numbering
.---- Formatted: Centered, No bullets or numbering
APPENDIX BSEP;
JEFFERSON COUNTY HEARING EXAMINER RULES OF Formatted: Centered
PROCEDURE 9/10/2019
1.7 Disclosure and Availability of Records
(a) The decision of the examiner, once issued, is a public
record and shall be made available for public review. ;SEP
(b) The examiner is authorized to certify or authenticateCommenxisting ted [AW6]: Staff language covers this. does not see the need for this,
e
those documents accepted into the record (including the
department's evaluation of a condtional use permit
(CUP) application's consistency with JCC 18.40.530)
on any matter before the examiner. ;SEPI
2.1 General Rules
The examiner shall have sole authority over the scheduling of
hearings within its jurisdiction. A department requesting initial
hearing dates shall send a request to the examiner's office,
who shall confirm requests. If a hearing date is rejected, the
examiner's office shall provide the department with additional
dates. More than one hearing may be scheduled for a particular
date, if, in the opinion of the examiner, it is reasonable to
expect that two or more hearings could be heard on that date_
(b) iupon establishment of the date for the hearing, notice of the
date shall be provided to all principal parties and all parties of
record. There must be a minimum of 30
notice and the date of the hearing.
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Numbering Style: a, b, c, ... + Start at: 1 + Alignment:
Left + Aligned at: 0.13" + Indent at: 0.38"
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Numbering Style: a, b, c, ... + Start at: 1 + Alignment:
Left + Aligned at: 0.13" + Indent at: 0.38"
Commented [AW7]: Staff cannot support this
requirement. This is part of the public participation
program under GMA and is likely a development
regulation.
Formatted: Font: (Default) Times New Roman, 16 pt
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Formatted: Font: (Default) Times
(cb) A department shall notify the examiner's office if it
anticipates a large volume of cases, or cases requiring
multiple hearing dates. The examiner may reschedule
hearings if the volume of hearings, reconsiderations, or
clarifications exceeds the examiner's capacity. ;SEPI
(de) After a hearing date is confirmed by the examiner's office, a
department may request to cancel or reschedule the hearing.
The examiner's office shall make best efforts to
accommodate a cancellation or rescheduling. :SEP,
2.3 Notice Requirements
(a) All notice, time requirement, and methods of
notification shall be consistent with Chapter 2.30 JCC,
in addition to other applicable provisions of the JCC
and Washington law. :SEP
(b) I k declaration attesting to the notice given of the
hearing, including dates and places of publication,
persons and addresses noticed, and lists of addresses for
owners of property in the vicinity
ow-aefshall be part of the record for each case. In the
case of CUP's a liberal interpretation of "vicinity" shall
be used in fulfilling this requirement. SEP
4.2 Departmental Reports
(Departments shall prepare reports for cases under review by the
Formatted: Font: (Default) Times, 12 pt J
Formatted: Indent: Left: 0.5", No bullets or numbering
Commented [AW8]: Noticing for CUPS is likely a
development regulation and outside the scope of this
project. Notice requirements for type of hearing live in
the applicable code section-
examiner.
ection
examiner. Departmental reports shall be made publicly available at
least 14 days prior to a a He itig Special Hearing. Reports shall
be made publicly available at least 30 days prior to a Hearing_.
Departmental reports include, but are not limited to the following
materials: Commented [AW9]: DCD does not support this change,
nor does GMA's 120 -day permit issuance requirements.
_(a) -Hearings.
i. Summarize the nature of the case before the examiner; SEP,
ii. The name and address of subject property, applicable zoning,
and other relevant facts; BSEP,
ill. State and apply the basic applicable laws, regulations, and
policies (including relevant Growth Management Act
provisions, Comprehensive Plan goals and policies,
applicable provisions of the JCC, Unified Development Code
interpretations, etc.) to the case; �sEP
iv. �n-depth fact -based analysis of the proposal (supported by
applicable scientific and engineeringdata) compared to the
applicable laws, regulations, and policies; SEP; Commented [AW10]: Staff cannot support this
suggestion.
5.2 Responsibilities of Count Formatted: Underline
County staff shall provide a departmental staff report Formatted: Indent: Left: 0.5", No bullets ornumbering
consistent with the provisions of Rule 4.2, provide a location
for hearings, provide recording equipment at hearings,
provide notice of hearings, present materials at hearings, and
provide testimony and documentation relevant to hearings. BSEP,
Prior to the hearing, county staff shall be accessible to all Formatted: Indent: Hanging: 0.19"
parties of record, and shall provide both substantive and
procedural assistance to both the applicant and
Commented [AW11]: County staff does not work for
project opponents and shall not be placed under a
requirement to provide consulting services to them in an
unlimited quantity and for no cost. This is not
supportable.
Formatted: Indent: Left: 0.5", No bullets or numbering
5.5 Responsibilities of the Examiner,EP.The examiner shall
preside over the hearings. The examiner shall have all of
authorities and duties as granted to the examiner under
Washington and Jefferson County law. The examiner shall
have all powers necessary to that end, including the
following:
(a) To administer oaths and affirmations; sUP]
(b) To issue subpoenas; sEP]
(c) To rule upon offers of proof and receive evidence;, Formatted: Font: (Default) Times, 12 pt
( To rule upon the accuracy and validity of department
prep ared reports and analyses prepared pursuant to
4.Z -',-1E PfJ
(ed) To regulate the course of the hearings, and the conduct
of the parties and their agents; sEP1
(fe) To hold pre -hearing conferences, simplification of the
issues, or any other proper purpose; sEP]
(go To require briefs on legal issues;l'
(hg) To consider and rule upon all procedural and other
motions appropriate to the hearings; sEP]
(ih) To make and file recommendations or decisions; and,
§E -P]
(j}) To avoid unnecessary delays and to maintain order. E
5.14 Evidence,2EP
Commented [AW12]: Cannot support this request. The
whole point of the hearing examiner's decision is to make
a decision on all the relevant information.
Formatted: No bullets or numbering
l jb Burden of Proof and Standard of Review., Formatted: Font: (Default) Times, 12 pt
The moving party shall have the burden of proof as to the
material factual issues, except where applicable code
provision, state law, or Washington common law provides
otherwise. Unless indicated otherwise by the applicable
substantive law or below, the burden efof proof is by
preponderance of the evidence and the burden is on the
.---- Formatted: Indent: Hanging: 0.31"
moving party. Recommendation(s) in any department report
of proof.
6.5 Reconsideration
Commented [AW 13]: Cannot support this
recommendation. The rules shall not prohibit burden
shifting when appropriate (against case law).
(a) An aggrieved party may file a written request for
reconsideration with the examiner's office within 10
days of the issuance of the examiner's decision. Any
request shall be provided to the examiner, the county
and all parties of record.- Reconsideration may not be
sought for the examiner's recommendations to the
board of county commissioners. Reconsideration is Commented [AW14]: Cannot support this request. The
administrative burden is unnecessary. See Rule 6.5(c) for
limited to one per hearing and one per aggrieved party how reconsiderations are disseminated.
or group. If the examiner receives a reconsideration
request from multiple aggrieved parties or groups, the
examiner shall consolidate the issues to one
reconsideration. The grounds for seeking
reconsideration shall be limited to the following: (1) the
examiner exceeded their jurisdiction; (2) the examiner
failed to follow the applicable procedure in reaching a
decision; (3) the examiner committed an error of law or
misinterpreted the applicable policy, regulation, or law;
(4) the examiner's findings, conclusions, or conditions
are not supported by the record; and, (5) newly
discovered evidence alleged as material to the
examiner's decision which could not reasonably have
been produced at the hearing. ;SEP`
7 Appeals of Decisions
SEP,
Formatted: Underline
The examiner's decision on all matters, excluding
recommendations to the board of county commissioners, is final
and conclusive after reconsideration or clarification periods, unless
appealed. Reconsideration or clarification is not required to appeal
a decision. All decisions of the examiner shall be appealable to a
court of competent jurisdiction consistent with applicable state
law, such as Chapter 36.70C RCW (Land Use Petition Act) or
Chapter 7.16 RCW (Certiorari, Mandamus, and Prohibition),
except appeals of certain shoreline decisions The decision of the
examiner on matters under Chapter 18.25 JCC (Shoreline Master
Program) may be appealable to the Shorelines Hearings Board in
accordance with Chapter 90.58 RCW (Shoreline Management Act)
or other applicable state law. Notice of appeal shall be provided to
the examiner, the county and to all parties of record at time of
films_
Commented [AW 7 5]: Cannot support this request. Only
parties to the lawsuit will receive the notice of appeal. We
have no authority to mandate that notice of appeals go to
all parties.
Formatted: No bullets or numbering
Formatted: Font: (Default) Times New Roman, 16 pt
Formatted: No bullets or numbering
Austin Watkins
From: Philip Hunsucker
Sent: Sunday, October 6, 2019 4:01 PM
To: Austin Watkins
Subject: FW: Hearing Examiner code and procedures
From: David Alvarez <alvarez@olympus. net>
Sent: Sunday, October 6, 2019 1:19 PM
To: jeffbocc <jeffbocc@co.jefferson.wa.us>; Philip Hunsucker <PHunsucker@co.jefferson.wa.us>; Philip Morley
<pmorley@co.jefferson.wa.us>
Subject: Hearing Examiner code and procedures
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Hit the wrong button and just sent a meaningless message. Sorry.
Hello to all the Helpful Employees of the Lower Level. That was clever.
All the work looks really good.
Two tiny comments.
One I ask if 2.30 is explicit enough about what is the measuring date for the appeals.
I see that you revised the definition of calendar days in 18.05 but I wonder if there should be some reference to 18.05
definitions in 2.30
Also perhaps you should drop the reference to the common-law writs, Ch. 7.16 RCW because nothing in 2.30 is going
to be subject to writs of mandamus, prohibition or certiorari.
For example a hearing about junk vehicles is not subject to LUPA, but might be subject to the Admin. Procedures Act
(Ch. 34.05) as an "appeal of an agency decision."
That would mean a 30 day appeal period.
I say the junk vehicle appeal is not a LUPA matter because it is not a permitting decision. You might want to add in the
APA citation.
Hope the BoCC adopts this good work and gives Phil H. and the stakeholders a big thank you.
David Alvarez, admiring all this work from his home.....
Virus -free. www.avast.com