Hearings Examiner Process

 

The information contained herein is intended to provide a brief description of the Clallam County Hearings Examiner process, explain the fundamental role of the land use Hearings Examiner, the process by which the Examiner renders land-use decisions, and is designed to assist those who participate in the land-use decision-making process. It is not a complete description of the rules and laws governing the hearing process, however, the process is described in more detail in the Clallam County Zoning Code, other County ordinances, and in the Rules and Procedures of the Hearings Examiner. Copies of the relevant ordinances are available from the Planning Division Office of the Department of Community Development, located on the main level of the County Courthouse.

 

Revised June, 2006

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The Hearings Examiner assures fairness and due process protection for all involved in the hearing process.  It is his/her responsibility to render land-use decisions in an efficient manner.

Decisions are based solely on the testimony and evidence presented at the hearing and the application of relevant criteria specified in county codes and state law.  Applicants, county agencies and all persons interested in a land use application should participate at the hearing with submittal of relevant oral testimony and written material.

Depending on the type of application, the Hearings Examiner then makes a recommendation to the Board of Clallam County Commissioners or issues a final decision on the application.  Usually these are issued within ten (10) business days of the close of the hearing.

The Hearings Examiner may grant or deny the application or require conditions, modifications and restrictions as are necessary to make the application compatible with the laws and ordinances of the state and community.

The Hearings Examiner must not be contacted directly about any specific application.  All questions regarding a specific application should be addressed to Planning Division, Department of Community Development, Clallam County, 223 E 4^th St, Suite 5, Port Angeles, WA 98362-3015.  This will assure that the Examiner will remain free from bias and prejudice in the decision making process.

Any contact with the Hearings Examiner must be through testimony or written statements submitted at the hearing, or through material submitted to the Planning Division for transmittal to the Hearings Examiner. Any material not submitted in this manner will not be considered a part of the record.

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An agenda of the applications to be heard on a particular date is available at the hearing or prior to the hearing at the Planning Division office in the Department of Community Development. All hearings are -recorded and the recording is part of the official record of the hearing.  All testimony is given under oath or affirmation.  Simple and direct statements or arguments are encouraged.

If written testimony is submitted, it must be received on or before the date of the public hearing in order for it to be considered by the Hearings Examiner.  Written testimony should be addressed to the Hearings Examiner and should be clearly legible. The letter should reference the application, and should contain the specific reasons why the application should be approved, disapproved or conditioned.  The writer should give his/her full address in order to receive a copy of the decision.

The hearing will usually proceed in the following order:

1.      Presentation by county staff to describe the application and summarize issues presented;

2.      Presentation by the applicant or the applicant’s authorized representative;

3.      Presentations, questions or statements by members of the public;

4.      Responses to questions by staff and applicants;

5.      Final statement from applicant who has the burden of proof.

No oral decision is rendered at the hearing.  The Hearings Examiner takes the case under advisement and prepares a recommendation or decision in a written report that includes findings of fact and conclusions of law.  The decision is mailed to those who request it.

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Hearings before the Hearings Examiner are quasi-judicial proceedings, which require that certain due process protections apply.  For example, no one may contact the Hearings Examiner for the purposes of influencing a decision.  All information should be presented at the hearing.  Also, not only must quasi-judicial proceedings be fair, they must appear to be fair.  Accordingly, the Hearings Examiner may not participate in any matter where he/she has financial or personal interest, or where he/she has prejudged the matter in any way.

Any person who has grounds to believe the Hearings Examiner may be influenced by a consideration outside the public record should promptly bring that concern to the attention of the Hearings Examiner.

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The Hearings Examiner’s decision contains information on the time limits and methods of appeal for each decision.

Please remember an appeal or request for reconsideration must be filed within the specified time limit in order for the decision to receive further consideration.

Usually, new information cannot be raised on appeal.  All relevant information and arguments should be presented at the public hearing before the Hearings Examiner.