This page provides information about hearing examiners for cities and counties in Washington State, including state statutes, court decisions, and local examples.
Overview
Cities and counties in Washington State have statutory authority to establish a hearing examiner system. Under a hearing examiner system, a city or county hires or contracts with a hearing examiner to conduct quasi-judicial hearings, usually in place of local bodies such as the planning commission, the board of adjustment, the board of county commissioners, or the city council.
The basic purpose of having a hearing examiner conduct these hearings is to have a professionally trained individual, typically an attorney, make objective quasi-judicial decisions that are supported by an adequate record and that are free from political influences. Using a hearing examiner system allows local legislative and advisory bodies that might otherwise conduct these hearings to better concentrate on policymaking. It can also potentially reduce local government liability exposure through what should be more consistent and legally sustainable quasi-judicial decisions.
A board of county commissioners or a city council has considerable discretion in establishing how the hearing examiner system will operate. The position of hearing examiner (appointment, qualifications, termination, etc.), the type of issues the hearing examiner is authorized to consider and decide, and the effect of the hearing examiner's decisions are among the matters addressed by the local legislative body and set out in the enabling ordinance.
Although counties and cities use hearing examiners primarily for hearing and deciding land use permit applications and/or administrative appeals of land use decisions, hearing examiners may also be used to conduct hearings and make recommendations or decisions on other local matters.
Relevant Statutes and Regulations
All Cities, Towns, and Counties
- RCW 58.17.330 – Authorizes use of a hearing examiner system in cities and counties for hearing and issuing recommendations or decisions on preliminary plat
- RCW 36.70B.020(3) – Defines open record hearings on project permit applications – hearing examiner may conduct
- RCW 46.55.240 – Authorizes use of a hearing examiner to conduct hearings on abatement and removal of junk vehicles from private property
- RCW 43.21C.075 – Authorizes use of a hearing examiner to conduct hearings on SEPA appeals
- Also see specific statutes for code cities, non-code cities, counties, and local/road improvement districts (below)
Code Cities
- RCW 35A.63.110 – Authorizes hearing examiner system as replacement for board of adjustment
- RCW 35A.63.170 – Authorizes use of a hearing examiner system in code cities for certain zoning matters
Non-Code Cities
- RCW 35.63.130 – Authorizes use of a hearing examiner system in first and second class cities and towns for certain zoning matters
Counties
- RCW 36.70.970 – Authorizes use of a hearing examiner system in counties for certain zoning matters
- RCW 36.87.060(2) – Authorizes hearing examiner to conduct hearing on proposed county road vacation
- WAC 458-14-136 – Authorizes county boards of equalization to employ hearing examiner(s)
Local/Road Improvement Districts
- RCW 35.43.140 – Authorizes use of a hearing examiner to conduct hearing on proposed LID formation
- RCW 35.44.070 – Authorizes use of a hearing examiner to conduct LID assessment roll hearing
- RCW 36.88.062 – Authorizes use of a hearing examiner to conduct hearing on proposed RID formation
- RCW 36.88.095 – Authorizes use of a hearing examiner to conduct RID assessment roll
- RCW 36.94.260 – Authorizes use of a hearing examiner to conduct hearings on assessments for LID within the area of a sewerage and/or water general plan
Examples of City Hearing Examiner Systems
Below are just a few examples of cities that have adopted hearing examiner systems, including their websites, code provisions, forms, rules of procedure, and other documents.
- Bainbridge Island Hearing Examiner
- Bellevue Hearing Examiner's Office – Applies to general policies and regulations adopted by the city council to specific proposals or situations. Hearings are conducted about land use applications, appeals from decisions of city departments, and various enforcement issues
- Bellingham Municipal Code Ch. 2.56 – Hearing Examiner, applies to land use and general administrative
- Bremerton Hearing Examiner – Applies to land use, code enforcement, and general administrative decisions. Includes helpful information describing what "quasijudicial" means, due process, and prohibited ex parte contacts.
- Buckley Ordinance No. 06-16 (2016) – Removing the board of adjustment from the municipal code following adoption of a hearing examiner system
- Duvall Municipal Code Ch. 2.22 – Enforcement Hearing Examiner; applies to land use and other code enforcement
- Everett Municipal Code Ch. 2.23 – Land Use Hearing Examiner
- Lynnwood Municipal Code Ch. 2.22 – Hearing Examiner
- Redmond Municipal Code Ch. 4.28 – Hearing Examiner
- SeaTac Hearing Examiner Appeal Procedures – Applies to code enforcement, building code, administrative decisions, and SEPA determinations
- Snohomish:
- Spokane Municipal Code Ch. 17G.050 – Hearing Examiner; includes procedures
Examples of County Hearing Examiners
Below are a few examples of counties that have adopted hearing examiner systems, including their websites, code provisions, forms, rules of procedure, and other documents.
Examples of Rules of Procedure
In addition to these examples, other rules of procedures may be available at the websites listed above.
Examples of RFPs/Job Descriptions
Most cities and counties contract for hearing examiner services with private individuals or law firms. However, a few larger jurisdictions with a high case load may hire hearing examiners as staff members. Below are a few examples of job descriptions and RFPs/RFQs.
Job Descriptions
City RFPs/RFQs
County RFPs/RFQs
Examples of Interlocal Agreements
Local governments will sometimes contract with another local government to provide hearing examiner services. Below are a few examples.
Court Decisions
- Durland v. San Juan County, 174 Wn. App. 1 (2012) - The hearing examiner's authority is limited to that granted by the creating body.
- Lanzce G. Douglass, Inc. v. City of Spokane Valley, 154 Wn. App. 408, review denied, 169 Wn.2d 1014 (2010) – An appellate court must give substantial deference to both the legal and factual determinations of a hearing examiner as the local authority with expertise in land use regulations. A hearing examiner authorized by local ordinance to hear appeals of SEPA determinations may reverse a threshold determination and remand for entry of a different threshold determination.
- In re Jurisdiction of King County Hearing Examiner, 135 Wn. App. 312 (2006) – County code that states that the hearing examiner can grant an appeal with conditions does not give the examiner the authority to deny an appeal with conditions.
- Exendine v. City of Sammamish, 127 Wn. App. 574 (2005) - The hearing examiner correctly decided he did not have authority to rule on the constitutional validity of criminal search warrants issued by the district court.
- HJS Dev. v. Pierce County, 148 Wn.2d 451 (2003) – Hearing examiner had the authority under local ordinances to revoke the preliminary plat.
- East Fork Hills Rural Ass'n v. Clark County, 92 Wn. App. 838 (1998) – Under RCW 36.70.970, which sets the parameters of a county’s hearing examiner system, the hearing examiner’s decision may be given the effect of a recommendation to the legislative authority, or it may be given the effect of an administrative decision appealable within a specified time limit to the legislative authority. The statute does not authorize a combination of these choices, and so the board of county commissioners must choose between original or appellate jurisdiction. Also, a remand to the hearing examiner on the basis of a factual issue is warranted only if the examiner's findings of fact are not supported by substantial evidence.
- State v. County of Pierce, 65 Wn. App. 614, review denied, 120 Wn.2d 1008 (1992) - In the event the county legislative authority elects to adopt the hearing examiner system in land use matters, two options are available. In one, the examiner's decision is merely a recommendation and the decision is reserved to the county council. In the other, the county allows the examiner's decision to stand unless the decision is appealed within the specified time limits. In the event of an appeal, the county's legislative body may approve, reject, amend or alter the examiner's decision. There is nothing to suggest that the statute limits the county's legislative body's authority in the latter option.
- Maranatha Mining, Inc. v. Pierce County, 59 Wn. App. 795 (1990) - RCW 36.70.970, which sets the parameters of a county’s hearing examiner system, requires that a county legislative body elect between original jurisdiction, which allows it to substitute its judgment for the examiner's on all factual and legal issues, and appellate jurisdiction, which requires that it base its decision on the record made before the examiner and review the examiner's findings of fact only to see if they are supported by substantial evidence. The statute does not authorize a combination of these choices, and a county legislative authority may not define its power in such a way as to incorporate aspects of both alternatives.
- Chaussee v. Snohomish County Council, 38 Wn. App. 630 (1984) – Hearing examiner had no discretion to exempt a landowner from requirements of county ordinance based on what he deemed equitable, without regard to statutory requirements and the need for substantial evidence to meet statutory requirements.
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