17.80.380 Hearing examiner procedures.
(1) Any person may participate in the hearing examiner public hearing by submitting written comments to staff prior to the hearing or by submitting written comments or making oral comments at the hearing. Also, any party may be represented by agent or attorney.
(2) The department shall transmit to the hearing examiner a copy of the department file on the application including all written comments received prior to the hearing and information reviewed by or relied upon by staff. The file shall also include information to verify that the requirements for notice to the public (notice of application and notice of SEPA threshold determination) have been met.
(3) The department shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of each hearing.
(4) The hearing examiner shall approve a project or approve with modifications if the applicant has demonstrated that the proposal complies with the applicable decision criteria of this code. The applicant carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. The hearing examiner may remand an application to staff for revision. In all other cases, the hearing examiner shall deny the application.
(5) If the hearing examiner requires a modification which results in a different proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided, the hearing examiner shall conduct a new hearing on the modified proposal.
(6) The hearing examiner may include conditions to ensure a proposal conforms to the relevant decision criteria.
(7) The hearing examiner shall within 10 business days following the close of the record, unless a longer time period is agreed to on the record by the applicant/appellant, issue a written report supporting the decision. The hearing examiner’s written report shall be distributed to parties of record electronically or in paper form by the community development department. The report shall contain the following:
(a) The decision of the hearing examiner;
(b) Any conditions included as part of the decision;
(c) Findings of fact upon which the decision, including any conditions, was based and the conclusions derived from those facts; and
(d) A statement explaining the process to appeal the decision of the hearing examiner to superior court.
(8) Reconsideration Period. Any person who presented or commented at the hearing may file a written request with the hearing examiner for reconsideration within 10 business days of the date of the hearing examiner’s decision. The request shall explicitly set forth alleged errors of procedure or fact. The examiner shall request comments from affected parties of record and reviewing city departments on the request for reconsideration. Comments shall be received within 14 business days. The hearing examiner shall act within 10 business days after the close of the comment period by denying the request, issuing a revised decision, or calling for an additional public hearing. A reconsideration request for which one of the actions specified above has not been taken within the required time period shall be deemed to have been denied.
(a) The grounds for reconsideration shall be limited to the following:
(i) The hearing examiner exceeded their jurisdiction;
(ii) The hearing examiner failed to follow the applicable procedure in reaching their decision;
(iii) The hearing examiner committed an error of law or misinterpreted the applicable city regulation, ordinance or other state law or regulation;
(iv) The hearing examiner’s findings, conclusions and/or conditions are not supported by the record; and/or
(v) Newly discovered evidence alleged to be material to the hearing examiner’s decision which could not reasonably have been produced prior to the hearing examiner’s decision.
(b) Requests for reconsideration may use the additional grounds that changes to the application proposed by the applicant are in response to deficiencies identified in the decision.
(c) The examiner’s action following reconsideration is not subject to further requests for reconsideration.
(9) Proceedings before the hearing examiner shall conform with the hearing examiner’s rules of procedure promulgated pursuant to SMC 17.87.080. (Ord. 1499 § 6 (Exh. F), 2021).