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SUBJECTS › PLANNING › Hearing Examiner System in Washington
Updated 02/08

Hearing Examiner System in Washington

Contents

About the Hearing Examiner System

Cities and counties in Washington State have statutory authorization 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 policy-making.  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 that should be 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.

A MRSC Focus paper on Use of Hearing Examiners by Cities and Counties in Washington ( 74 KB)describes the use of a hearing examiner system, the pros and cons of having a hearing examiner, and options available to smaller jurisdictions.

Statutes and Regulations

  • RCW 35.63.130 - Authorizes use of a hearing examiner system in first and second class cities and towns for certain zoning matters
  • 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
  • RCW 36.70.970 - Authorizes use of a hearing examiner system in counties for certain zoning matters
  • 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 36.87.060(2) - Authorizes hearing examiner to conduct hearing on proposed county road vacation
  • LID/RID Hearings
    • 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
  • 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
  • WAC 458-14-136 - Authorizes county boards of equalization to employ hearing examiner(s)

Ordinance Provisions

  • Auburn (Applies to Land Use and Other)
    • Auburn Municipal Code Ch. 18.66 - Hearing Examiner 
    • Auburn Municipal Code Section 1.25.020 - Hearing Examiner (Civil Penalties for Violations)
  • Battle Ground Municipal Code  Ch. 2.10 - Hearing Examiner System  (Applies to  Land Use and Administrative Decisions,  Land Division, Zoning, Environmental Protection)
  • Bellevue Office of the Hearing Examiner  (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)
    • Bellevue Municipal Code Ch. 3.68 - Hearing Examiner
    • Bellevue Municipal Code  Section 1.18.050 - Hearing before the hearing examiner (Civil Enforcement)
    • Bellevue Municipal Code Ch. 20.35 - Review and Appeal Procedures (Land Use Code)
  • Bellingham (Applies to Land Use and General Administrative) 
    • Bellingham Municipal Code  Ch. 2.56  - Hearing Examiner
    • Bellingham Municipal Code  Section 2.56.050 - Powers and Jurisdiction (List of Areas Covered)
  • Bonney Lake (Applies to Land Use)
    • Bonney Lake Municipal Code Ch. 2.18 - Hearing Examiner
    • Bonney Lake Municipal Code Ch. 14.120 - Appeals (Development Code)
  • Bremerton Hearing Examiner (Applies to Land Use and General Administrative)
    • Bremerton Municipal Code Ch. 2.13 - Administrative Hearing Examiner  (See  2.13.70 Jurisdiction - List of Areas Covered)
  • Burien Municipal Code Ch. 2.15  ( 135 KB, Page 4 of file) - Hearing Examiner (Applies to Land Use and Other, Rate Adjustments)
  • Clallam County Hearing Examiner Process (Applies to Land Use)
    • Clallam County Code Ch. 26.04 - Hearing Examiner 
  • Clark County Code  Ch. 2.51 - Hearing Examiner System (Applies to Land Use)
  • Duvall (Applies to Land Use and Other Code Enforcement)
    • Duvall Municipal Code  Ch. 2.22  - Enforcement Hearing Examiner
    • Duvall Municipal Code Section 2.22.050 - Final Decision by Examiner (Lists applicable code enforcement sections) 
  • Edgewood (Applies to Land Use and Non-land Use Matters)
    • Edgewood Municipal Code Ch. 2.40 - Hearing Examiner
    • Edgewood Municipal Code  Section 2.40.080  - Examiner Powers and Duties (Lists areas covered)
    • Des Moines Municipal Code Ch. 18.94 - Hearing Examiner  (Applies to Land Use and other Administrative Decisions)
    • Douglas County Hearing Examiner (Land Use and Building Code Appeals)
      • Douglas County Code Ch. 2.13 - Hearing Examiner
    • Kent Hearing Examiner (Applies to land use and other code enforcement actions, business license denial and revocation,  etc )
      • Kent Municipal Code Ch. 2.32 - Office of the Hearing Examiner
      • Kent Municipal Code Section 2.32.090 - Duties (List of Areas Covered)
      • Kent Municipal Code Section 1.04.080 - Hearing Before the Hearing Examiner (Code Enforcement) 
      • Lynnwood Hearing Examiner
        • Lynnwood Municipal Code Ch. 2.22 - Hearing Examiner
      • Mason County (Applies to Building, Planning, and Environmental Health Department Code Violation Issues)
        • Mason County Code Ch. 2.128 - Establishment of the Office of Hearing Examiner
        • Mason County Press Release on New Hearing Examiner System, March 2003
        • Mason County Code,  Development Code Enforcement  Section 15.13.045 - Hearing Before the Hearings Examiner 
      • Pierce County Hearing Examiner (Applies to Land Use)
        • Pierce County Code - Ch. 1.22 ( 213 KB, Page 25 of file) - Pierce County Hearing Examiner Code
      • Puyallup Hearing Examiner  (Applies to  Various Land Use Cases - Conditional use permit requests, variance applications, preliminary plat applications, flood control, storm water, shoreline development permits, zoning code interpretation appeals, etc.) 
        • Puyallup Municipal Code Ch. 2.54 - Office of the Hearing Examiner
        • Puyallup Municipal Code Section 17.28.005 - Local Improvement District Assessment Roll Hearings
      • Redmond (Applies to Land Use and other Code Compliance)
        • Redmond Municipal Code Ch. 1.14 - Enforcement and Penalties
        • Redmond Municipal Code  Section 1.14.110 - Code Compliance Hearings Examiner
        • Redmond Municipal Code  Section 1.14.130 - Authority of Code Compliance Hearing Examiner
      • SeaTac (Applies to Land Use and Code Enforcement Appeals)
      • Snohomish (City) (Applies to Land Use, Title 14)
        • Snohomish Municipal Code  Ch. 2.33 ( 10 KB) - Hearing Examiner
        • Snohomish Municipal Code  Ch. 14.10 ( 43 KB ) - Hearing Examiner
      • Snohomish County Hearing Examiner  (Applies to a wide range of subject matter, including many types of land use applications and appeals, such as most rezones, subdivisions, planned residential developments, conditional use permits, code enforcement appeals, administrative permit appeals, State Environmental Policy Act appeals, as well as false alarm notice appeals, and business and animal license appeals)
      • Spokane (City) Hearing Examiner  (Issues written documentation and recommendations on land use applications for variances, special permits, zone changes, subdivisions, and other permits.  The office also hears matters relating to local improvement districts, junk vehicles, dangerous buildings, and dangerous dogs, as well as other matters referred by the City Council)
        • Spokane Municipal Code Ch. 17G.050 - Hearing Examiner
      • Spokane County Hearing Examiner (Applies to various land use applications, appeals of land use determinations made by divisions of the County Public Works Department, and certain other quasi-judicial matters)
        • Spokane County Code Ch. 1.44 -  Hearing Examiner Committee
        • Spokane County Code  Ch. 1.46 - Hearing Examiner System
      • Tacoma (Land Use and General Quasi-Administrative Decisions)
        • Tacoma Municipal Code  Ch. 1.23 ( 1.78 MB) - Hearing Examiner
      • Thurston County Hearing Examiner (Applies to Land Use Cases and Administrative Appeals)
        • Thurston County Code Ch. 2.06 - Hearing Examiner
      • Whatcom County Hearing Examiner (Applies to Specific Land Use and Development Proposals)
        • Whatcom County Code Ch. 20.92 - Hearing Examiner

      Hearing Examiner Rules

      Appeal Application Forms

      Hearing Examiner Information - Sample Web Sites

        Additional References