HomeMy WebLinkAboutres2024-021Whatcom County COUNTY COURTHOUSE
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Agenda Bill Report
File Number: AB2024-233
File ID: AB2024-233 Version: 1 Status: Approved
File Created: 03/28/2024 Entered by: DBrown@co.whatcom.wa.us
Department: Council Office File Type: Resolution
Assigned to: Council Planning and Development Committee Final Action: 04/23/2024
Agenda Date: 04/23/2024 Enactment #: RES 2024-021
Related Files:
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution approving revised Business Rules of the Whatcom County Hearing Examiner
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This resolution revises the rules and regulations for conduct of Hearing Examiner hearings
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
04/23/2024 Council Planning and Development RECOMMENDED FOR
Committee APPROVAL
Aye: 3 Donovan, Elenbaas, and Scanlon
Nay: 0
04/23/2024 Council APPROVED
Aye: 6 Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Absent: 1 Buchanan
Attachments: Proposed Resolution, Hearing Examiner Memo, Attorney Memo, Planning Memo, Current 1986
Business Rules
Whatcom County Page 1 Printed on 412512024
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PROPOSED BY: Hearing Examiner
INTRODUCTION DATE:
RESOLUTION NO. 2024-021
APPROVING REVISED BUSINESS RULES OF THE
WHATCOM COUNTY HEARING EXAMINER
WHEREAS, Whatcom County Code 2.11.220 authorizes the Hearing Examiner to
prescribe rules and regulations for the conduct of hearings before them, subject to approval
by the County Council; and
WHEREAS, the rules and regulations of conduct for the Whatcom County Hearing
have not been updated since 1986; and
WHEREAS, the Whatcom County Hearing Examiner has prepared the attached revised
Business Rules of the Whatcom County Hearing Examiner (BRWCHE) in consultation with
County staff and submits the revised rules for Council consideration; and
WHEREAS, Planning and Development Services and the Prosecuting Attorney's Office
have submitted memos in support of the revised BRWCHE; and
WHEREAS, the revised BRWCHE represent a new standard of best practices,
transparency, and clarity, for the public, attorneys, applicants, appellants, and other
stakeholders who interact with the Office of the Hearing Examiner.
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council has
reviewed the revised BRWCHE and finds them to be appropriate.
BE ITi$FINALLY RESOLVED that the Council hereby approves the revised BRWCHE
as outlineil'4NxbW to this resolution.
�o►Pe(�i/€h<' 23rd day of April 2024.
Vy A-fTE�STo` " � WHATCOM COUNTY OUNCIL
ATCOM TY WASHINGTON
Dan°a Broa+vn,�;DaY��e v. of the Council Barr u hang,Council Chair \
APPROVED AS TO FORM:: ------
Civil Deputy Prosecutor
EXHIBIT A
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE
THE WHATCOM COUNTY HEARING EXAMINER
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE
THE WHATCOM COUNTY HEARING EXAMINER
Promulgated: March 22nd, 2024
Approved by Whatcom County Council: .2024
Table of Contents
1.
Definitions.............................................................................................................................................2
2.
History...................................................................................................................................................3
3.
Applicability...........................................................................................................................................4
4.
Quasi -Judicial Hearings.........................................................................................................................4
5.
Amendment of Rules............................................................................................................................4
6.
Interpretation........................................................................................................................................
5
7.
Presiding Officer....................................................................................................................................5
8.
Conflicts and Recusal............................................................................................................................5
9.
Ex Porte Communications.....................................................................................................................
6
10.
Expeditious Proceedings — Frequency and Scheduling.........................................................................
6
11.
Consolidation and Separation...............................................................................................................
6
12.
Dismissals without Hearing, or upon Withdrawal................................................................................7
13.
Computation of Time and Deadline Extensions....................................................................................7
14.
Rights of Parties and Participants to Fair Hearing and Participation....................................................8
15.
Entitlement to Notice of Hearings, Orders and Decisions....................................................................
8
16.
The Practice of Law and Legal Counsel.................................................................................................8
17.
Notice of Appearance...........................................................................................................................
9
18.
Intervention..........................................................................................................................................
9
19.
Filing and Service of Documents.........................................................................................................10
20.
Discovery.............................................................................................................................................10
21.
Creation of Record — Party Deadlines.................................................................................................10
22.
Staff Reports — Party Deadlines..........................................................................................................13
23.
Submission Deadline for Briefs — Party Deadlines..............................................................................13
24.
Pre -Hearing Conference......................................................................................................................14
25.
Pre -Hearing Motions...........................................................................................................................14
26.
Nature of Hearings..............................................................................................................................15
27.
Format of Hearings.............................................................................................................................16
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 1 of 21
28. Special Rules on Appeals to The Hearing Examiner............................................................................16
29. Burden of Proof & Evidence................................................................................................................17
30. Witnesses............................................................................................................................................17
31. Site Inspection.....................................................................................................................................18
32. Continuances......................................................................................................................................18
33. Leaving the Record Open....................................................................................................................19
34. Re -Opening Proceedings.....................................................................................................................19
35. Decision of the Hearing Examiner.......................................................................................................19
36. Motions for Corrections of Clerical Errors, Clarification, and Reconsideration..................................19
37. Termination of Jurisdiction.................................................................................................................20
38. Appeals of Hearing Examiner Decisions.............................................................................................. 20
1. Definitions.
Terms used herein are defined below:
A. "Appellant" means the person who submits a complete and timely appeal of a final
administrative decision to the Hearing Examiner.
B. "Applicant" means a person who submits a complete and timely application for a permit,
project permit, or other regulatory approval.
C. "Code" means the applicable ordinances or statutes governing these proceedings.
D. "Comprehensive Plan" means all development principles and standards adopted by the
Council as objectives and goals for the Comprehensive Plan for the County in effect at the
time of submission of a petition or application.
E. "Council" means the Whatcom County Council.
F. "Days" refers to calendar days unless explicitly stated otherwise.
G. "Department" refers to the County department issuing the administrative decision being
appealed or administering the applicable section of the Code.
H. "Ex Porte Communication" is a communication that occurs between any person and the
Hearing Examiner, written or oral, outside of the presence of the other Parties of Record.
1. "Hearing Examiner" means the person(s) either appointed pursuant to WCC 2.11 to carry out
the duties of the Office of the Hearing Examiner as outlined in that portion of the WCC and
elsewhere in the WCC or acting as a pro tempore hearing examiner.
J. "Hearing Examiner Coordinator" or "Coordinator" means the person(s) assigned by Whatcom
County to assist the Hearing Examiner in the administrative tasks of the Office of the Hearing
Examiner, distribute orders, maintain an exhibit log, preserve the record, coordinate hearing
dates, and receive requests for procedural and format inquiries.
K. "Intervenor" means a person granted intervention pursuant to Rule 18. An Intervenor has
the same rights of participation in the proceedings as the Appellant or Applicant and the
County, unless such rights are expressly limited by the Hearing Examiner.
L. "Motion" means an oral or written request to the Hearing Examiner for an order or ruling.
M. "Natural Person" means a human being.
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 2 of 21
N. "Open Record Hearing" has the meaning provided for it in RCW 36.70B.020.
O. "Office of the Hearing Examiner" means the procedures, systems, and people carrying out the
work of the Hearing Examiner under the direction and in support of the Hearing Examiner.
P. "Participant" means any person who is not a Party and that is taking part in the proceedings
including members of the general public and amicus parties; note that this definition may
include some "parties of record" as defined in Code.
Q. "Party" means any person with standing who officially appears before the Hearing Examiner
as an Applicant, Appellant, Department, or Intervenor; note that this definition may include
some "parties of record" as defined in law and use of the word "party" is not meant to exclude
"parties of record" from what rights they have under the Code.
R. "Person" means an individual, partnership, corporation, association, organization,
cooperative, municipal corporation, or government agency.
S. "Rules" or "BRWCHE" means these Business Rules of The Whatcom County Hearing Examiner.
T. "Record" means the official record of documents, briefs, motions, testimony, recordings, and
other items submitted, reviewed, considered, discussed, created and/or relied on during the
course of the proceedings before the Hearing Examiner, which will be the full and complete
record of proceedings if the Hearing Examiner's decision is appealed. The record may include
both admitted and unadmitted evidence.
U. "Staff Report" means a document prepared by a Department pursuant to and for the purpose
of review by the Hearing Examiner in a particular case.
V. "Standing" is the status required for a person to bring an action before the Hearing Examiner.
For example, in most Land Use actions, standing in Whatcom County conforms to RCW
36.70C.060 and is conferred upon:
a. The applicant and the owner of property to which the land use decision is directed;
b. Another person aggrieved or adversely affected by the land use decision, or who would
be aggrieved or adversely affected by a reversal or modification of the land use decision.
A person is aggrieved or adversely affected within the meaning of this section only when
all of the following conditions are present:
i. The land use decision has prejudiced or is likely to prejudice that person;
ii. That person's asserted interests are among those that the local jurisdiction was
required to consider when it made the land use decision;
iii. A judgment in favor of that person would substantially eliminate or redress the
prejudice to that person caused or likely to be caused by the land use decision;
and
iv. The petitioner has exhausted their administrative remedies to the extent
required by law.
W. "Timely" means within the time frame provided by applicable Code, these Rules, or within the
time specified by the Hearing Examiner.
2. History.
The Office ofthe Hearing Examiner as currently recognized' was established by Whatcom County via Ord.
Adopted December 17, 1981, via Ord. 81-99 as part of the as part of the Cherry Point -Ferndale Subarea
1 It seems to have been previously organized under former WCC 2.24.770 via Ord. 3-1-78.
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 3 of 21
Comprehensive Land Use Plan under Whatcom County Code ("WCC") Title 20.92.2 In 2018, the Whatcom
County Hearing Examiner authority was recodified and restated under WCC 2.11 via Ord. 2018-032 § 1
(Exh. B).
The first promulgation of Business Rules of The Whatcom County Hearing Examiner (BRWCHE) occurred
on August 7, 1986 via Res. 86-41, upon the authority of Hearing Examiner Charles R. Snyder and the
Council. WCC 2.11.220 authorizes the Hearing Examiner to prescribe rules and regulations for the conduct
of hearings before them, subject to approval by the Council. This second promulgation is being sent to
the Council under those auspices.
Record of Hearing Examiners: Warren Bursick (1979 - 1983), Campbell Kintz (Oct. 1984- Dec. 1985),
Charles R. Snyder (Mar. 1986-Oct. 1989); Michael Bobbink as interim Hearing Examiner (Nov. 1989 - Aug.
1990); Ed Good (Sept. 1990 - 1995); Michael Bobbink (June 1996 - Oct. 2023); and Rajeev D. Majumdar
(Oct. 2023 to present).
3. Applicability.
The scope of the Hearing Examiner's jurisdiction is defined by the County via ordinances which they may
amend, revoke, or promulgate from time to time.
These Rules of Procedure (hereinafter "Rules") shall be followed in all proceedings before the Whatcom
County Hearing Examiner. These Rules supplement the provisions of the Whatcom County Code relating
to proceedings before the Hearing Examiner, including but not limited to WCC 2.11, 2.100, 9.52, 16.16,
and 22.05, 23.60.
Nothing herein shall be construed to give or grant to the Hearing Examiner the power or authority to alter
or change the Zoning Ordinance, including the Zoning Map, that authority being fully reserved to the
Council. Any conflict between the rules and the Ordinances will be decided consistent with the provisions
of the Ordinances.
4. Quasi -Judicial Hearings
The Hearing Examiner carries out Quasi-judicial hearings. Quasi-judicial hearings and actions conducted
by the Hearing Examiner are those proceedings which determine the legal rights, duties, or privileges of
specific parties in a hearing or other contested case proceeding. Quasi-judicial actions or hearings do not
include the hearings pertaining to legislative actions adopting, amending, or revising a general
governmental policy or ordinance, or a comprehensive, community, or neighborhood plan or other land
use planning documents or the adoption of area -wide zoning ordinances or the adoption of a zoning
amendment that is of area -wide significance.
5. Amendment of Rules.
z And amended numerous times over the years. See WCC 20.04.080 for record.
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 4 of 21
WCC 2.11.220 authorizes the Hearing Examiner to prescribe rules and regulations for the conduct of
hearings before them, subject to approval by the Council.
6. Interpretation.
The Hearing Examiner shall interpret the Rules and determine the application of the Rules to specific
circumstances so that proceedings are fair and due process is achieved. Where there are questions of
proceeding or practice not addressed by these Rules, or where the Hearing Examiner may use their
inherent delegated power to waive a rule, the Hearing Examiner shall follow a practice or proceeding
which provides fair treatment and due process of law to all Parties.
7. Presiding Officer.
The Hearing Examiner is the presiding officer over proceedings before him or her. The Hearing Examiner
shall ensure a fair and impartial hearing, take all necessary action to avoid undue delay, gather facts
necessary to make their decision, and maintain order. The Hearing Examiner shall have all powers
necessary to achieve these ends.
In the performance of their adjudicative functions, the Hearing Examiner shall not be subject to the
supervision or discretion of any elected official, officer, employee or agent of any Department or other
government body.
8. Conflicts and Recusal.
A conflict of interest can arise when the Hearing Examiner cannot impartially carry out the proceeding.
This can be due to the action being proposed or opposed by the Hearing Examiner's business associates
or a member of the hearing examiner's immediate family. It could also involve substantive and biasing ex
parte communications (See §9), or ownership of property in the vicinity by the Hearing Examiner. The
State of Washington Appearance of Fairness Doctrine is generally applicable to all quasi-judicial
proceedings, and all proceedings before the Hearing Examiner. See RCW 42.36.010.
Because of a conflict of interest, another substantial reason, or scheduling conflict, a Hearing Examiner
may recuse themselves from a particular hearing, with or without a request for recusal from a Party.
A Party may request recusal, but that party must request recusal as soon as possible after the reason for
the requested recusal is known, and before any discretionary rulings are made. The fact that the Hearing
Examiner has considered the same or a similar proposal in another hearing, or has made a ruling adverse
to the interests of a party in this or another hearing, or has considered and ruled upon the same or a
similar issue in the same or similar context, shall not be a basis for disqualification. Upon a motion by any
party, or on the Hearing Examiner's own motion, the Hearing Examiner shall rule upon the motion to
determine if recusal and the appointment of a substitute Hearing Examiner is necessary for a fair
proceeding.
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 5 of 21
If a Hearing Examiner is recused, a Hearing Examiner pro tem will take their place as arranged and selected
with the discretion of the Office of the Hearing Examiner.
The recusal of the Hearing Examiner may be grounds for a continuance depending on the circumstances,
and the Hearing Examiner may grant a continuance for that reason even if there is a conflict of interest.
9. Ex Parte Communications.
A. "Ex parte" is Latin and means "done with respect to or in the interests of one side only or of
an interested outside party," and is something that occurs outside of the public eye. No
person, regardless of whether that person is a Party or not, may communicate ex parte in any
way with the Hearing Examiner regarding the merits of a particular hearing or a factually -
related petition, appeal, or application. The Hearing Examiner may likewise not communicate
ex parte in any way about the same topics with any person.
B. If prohibited ex parte communication occurs, it shall be immediately disclosed to all Parties
and made a part of the record. If a substantial prohibited ex parte communication occurs, the
Hearing Examiner shall exercise their proper discretion and determine whether they must
recuse themselves.
C. A person may communicate ex parte with the Coordinator concerning strictly procedural
matters or to make requests for publicly available documents.
10. Expeditious Proceedings — Frequency and Scheduling.
A. To the extent practicable and consistent with requirements of law, hearings shall be
conducted expeditiously. The Hearing Examiner and all Parties shall make every reasonable
effort to avoid delay.
B. Hearings before the Hearing Examiner shall be scheduled on an as -needed basis with the
Coordinator. Applications or Appeals requiring a proceeding before the Hearing Examiner
shall be scheduled for hearing promptly after notification by the Department that the
Application or Appeal is ready.
C. The Office of the Hearing Examiner shall assign a date for hearing in compliance with statutory
requirements, and may coordinate with the parties to select an appropriate date. Hearings
may be set outside of regular business hours in order to accommodate competing
infrastructure and space needs of the County, or the unique needs of the parties.
D. There may be more than one case scheduled to commence at the same time, and in such
event the Hearing Examiner shall have discretion in setting the agenda.
11. Consolidation and Separation.
Whenever practical and consistent with the Code and state law, proceedings before the Hearing Examiner
related to the same matter may be consolidated or separated. The Hearing Examiner may order
consolidation or separation with or without a motion from a Party.
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 6 of 21
12. Dismissals without Hearing, or upon Withdrawal.
A. Procedural Dismissal without Hearing. The Hearing Examiner may on their own initiative
decline to file a submitted matter or dismiss it via written decision, without a hearing, and
with or without a motion any Appeal or Application over which the Hearing Examiner
determines that they have no jurisdiction, or which is without merit on its face, contains
patently false information, frivolous, brought only to secure delay, or where proper notice
as required by the applicable ordinance has not been given.
B. Dismissal For failure to Appear. The Hearing Examiner may dismiss when a Party or authorized
representative fail to appear at the time and place scheduled for the hearing.
i. The Hearing Examiner shall notify in writing the Party in those cases which are dismissed
due to the Party's failure to appear.
ii. The Party may, within seven (7) days of the date of notice of dismissal, apply for
reinstatement of the matter. In such cases, the Party must file a written request for
reinstatement. Reinstatement shall be at the discretion of the Hearing Examiner for good
cause shown. The applicant shall also be responsible for the payment of any costs
associated with the provision of required public notice for hearing on the reinstated
application, prior to actual reinstatement.
C. Withdrawal of Application or Appeal.
i. If an Applicant or Appellant requests to withdraw its Application or Appeal, or portion
thereof, before official notice of the public hearing is served, the Applicant or Appellant
shall notify the Department and the withdrawal shall be permitted.
ii. If a withdrawal request is made after official notice of the public hearing is served, the
Hearing Examiner may permit or deny the withdrawal at their discretion.
iii. Any dispute between the Department and the Applicant or Appellant regarding any fees
paid by the Applicant or Appellant is a matter not within the purview of the Hearing
Examiner.
D. Agreement of the Parties. The Hearing Examiner will dismiss without a hearing any matter or
portion of a matter stipulated by the Parties in writing.
13. Computation of Time and Deadline Extensions.
A. Computation. Except as otherwise provided in the law or these Rules, any prescribed period
of time begins on the first day following that on which the act initiating the period of time
occurred. When the last day of the period of time is a Saturday, Sunday, or County holiday,
the period shall extend to the following business day. All materials due on a given day must
be served on all other Parties and submitted to the Hearing Examiner before 5:00 PM on that
day unless otherwise agreed.
B. Extension. Any Party may move to extend any deadline specified in these rules, except for
the statutory deadlines to file an Appeal or Application. The Hearing Examiner may grant or
deny such motions at their discretion.
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 7 of 21
14. Rights of Parties and Participants to Fair Hearing and Participation.
A. Parties have the rights of due notice, due process, cross-examination, rebuttal, presentation
of evidence, objection, motion, argument, and all other rights essential to a fair open record
hearing.
B. Parties may participate in any pre -hearing conference, submit legal briefing, motions, and
witness and exhibit lists, present witnesses and testimony at a hearing, and perform other
hearing -related functions as needed to protect their legal rights and interests. Butsee §16(B).
C. Participants may submit exhibits, written statements, and testimony to the Hearing Examiner
at a hearing, or submit written comments in advance of a hearing. Such Participants shall
participate in the other aspects of the hearing only at the Hearing Examiner's discretion.
15. Entitlement to Notice of Hearings, Orders and Decisions.
A. When a Party or Participant consists of more than one individual, such as an association,
corporation, or other entity, that Party or Participant shall designate one individual to be its
representative. The Party or Participant shall inform the Coordinator and other Parties of the
name, mailing address, e-mail address, and telephone number of the representative for
receipt of official notifications and service. The representative alone shall exercise the rights
of that Party or Participant, and notice or communication to the representative shall
constitute notice or communication to the Party or Participant.
B. Parties in the case shall receive notice of hearings, decisions, and recommendations from the
Hearing Examiner if they have supplied the Coordinator and other Parties with their name,
mailing address, E-mail address, and telephone numberfor receipt of official notifications and
service.
C. Participants may also receive notice of hearings, decisions, and recommendations from the
Hearing Examiner if they have supplied the Coordinator and other Parties with their name,
mailing address, E-mail address, and telephone number for receipt of official notifications.
D. The Hearing Examinerwill send any orders, decisions, and communications to eligible persons
through the Coordinator.
16. The Practice of Law and Legal Counsel.
A. A party may be represented by Legal Counsel or another agent, but only Legal Counsel may
practice law. An agent shall provide to the Hearing Examiner a written authorization from
that party prior to the hearing, and may be limited to testifying as to the will of their Party,
their agreement or disagreement with the Staff Report and proposed conditions, and
procedural history of the underlying decision from the Party's perspective.
B. Practice of Law. The practice of law is defined in the Washington Supreme Court's GR 24.
RCW 2.48.180 makes the unlicensed practice of law a crime in Washington. Only an attorney
actively licensed in good standing to practice law by the Washington State Bar Association
("WSBA") shall file motions or briefs, argue motions, conduct discovery, make objections to
evidence, examine or cross-examine witnesses, or file legal memoranda. None of the
foregoing is intended to prevent a Partythat is a Natural Person from carrying out any of these
acts or advocacy on their own behalf (also known as pro se representation).
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 8 of 21
i. Pro Hoc Vice Admission. To engage in the practice of law in Hearing Examiner Proceedings
as a lawyer not licensed in Washington, but licensed in a jurisdiction and credentialed in
a way acceptable to the WSBA, pro hoc vice admission by the WSBA is required following
the guidance of WA APR 8.8(b). Local counsel must file an application/motion with the
WSBA, and pay the fees and mandatory assessments, unless specifically waived by the
WSBA, and then file certifications and provide copies of the same with the Office of the
Hearing Examiner, to become part of the record. Local counsel may use a modified form
of any of the WSBA's pattern form motions appropriate for a trial court.
C. Parties' counsel. All Parties participating in any hearing may be represented by legal counsel
at all stages of the proceedings. A notice of appearance pursuant to §17 of these rules is
required by all parties except the Department who is perpetually represented by the
Whatcom County Prosecuting Attorney.
D. Legal Counsel to Hearing Examiner. An appointee of the Whatcom County Prosecuting
Attorney, screened from any conflict in Department representation in any specific case, shall
act as legal counsel to the Office of the Hearing Examiner and may be consulted in cases where
the powers of the Hearing Examiner are not clearly defined. At the discretion of the Hearing
Examiner, a representative of the Whatcom County Prosecuting Attorney shall be present at
public hearings or meetings to advise on matters of law and procedure.
17. Notice of Appearance.
A. When an attorney represents a Party, the attorney shall file a notice of appearance with the
Coordinator and send a copy of that notice to all other Parties, except that such notice of
appearance shall not be required if the attorney representing the Party filed the Application
or Appeal.
B. When an attorney enters a notice of appearance on behalf of a Party, all official notices and
service shall be directed to the attorney instead of to the Party.
C. Failure to file a notice of appearance at least seven (7) days before a hearing may be grounds
for a continuance.
18. Intervention.
A. A person may intervene as a matter of right when the requirements of intervention in
Washington State Superior Court Civil Rule 24(a), or its successor rule, adopted here, are met.
B. At their discretion, the Hearing Examiner may permit the intervention of a person when the
requirements for permissive intervention in Washington State Superior Court Civil Rule 24(b),
Intervention, or its successor rule, are met.
C. A person desiring to intervene shall file a motion for intervention stating the legal ground for
intervention with the Hearing Examiner before the date of the hearing.
D. A person granted intervention shall have a right to participate in all aspects of the
proceedings, including without limitation pre -hearing conferences, briefing, motions,
presentation of witnesses and exhibits, and oral argument, unless such right is expressly
limited by the Hearing Examiner as a condition of permissive intervention.
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 9 of 21
19. Filing and Service of Documents.
A. Initial filings for Appeals and Applications shall be submitted to the Department. The Director
may also request additional information to be submitted to their office after receiving the
initial Appeal or Application, in order to provide the Coordinator all the necessary information
to open a case with the Office of the Hearing Examiner.
B. All pleadings, exhibits, comments, motions, and other material intended to be seen by the
Hearing Examiner as part of any decision making process the Hearing Examiner is involved in,
shall be filed with the Coordinator by e-mail.
C. Any direct e-mail to the Hearing Examiner is prohibited. Exception to this prohibition may
result from: the direction of the Hearing Examiner or where an emergency requires it and all
parties are included in the communication.
D. Any Party or Participant filing legal briefs or motions shall submit them to the Coordinator in
both .pdf and a .doc/.docx format.
E. All citations to legal authority in any pleading should adhere to the Washington Supreme
Court Style Sheet, as they may amend or supersede from time to time.
F. Wherever possible, citations should be made using footnotes as opposed to
in -text" or parenthetical citation.
G. Any and all historical laws or regulations, no longer published or not made electronically
available to the general public by the County, that are referenced by any Parties or
Participants must be filed with copies of said laws and transmitted to all Parties as well.
H. Any Party filing a document must serve other Parties. Documents may be served personally,
electronically to the e-mail of record, or by first-class, registered, or certified mail. Service
shall be regarded as complete three days after the deposit of a properly addressed and
stamped envelope in the regular facilities of the US Postal Service, or upon the time of
personal service or electronic transmission. One Department may serve another Department
using the intra-county mail system. The Parties are encouraged to agree to e-mail or other
electronic transmission.
20. Discovery.
A. At their discretion, the Hearing Examiner may permit discovery upon the motion of the
Applicant, Appellant, Department, or Intervenor. The Hearing Examiner may limit the scope
of discovery as appropriate. The Hearing Examiner shall generally not permit discovery,
except in exceptional circumstances and where good cause is shown.
B. Subpoenas and summons. The Hearing Examiner is authorized by WCC 2.11.220 to issue
subpoenas and summons. To that end, the Hearing Examiner, in their sole discretion, may
issue a subpoena consistently with the procedures adopted by the Hearing Examiner. The
Office of the Hearing Examiner is adopting procedures analogous to those described in
Washington State Superior Court Civil Rule 45, and are hereby adopted by reference.
21. Creation of Record — Party Deadlines.
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE WHATCOM COUNTY HEARING EXAMINER (2024) - Page 10 of 21
A. Submission of Proposed Evidence. Parties should submit any evidence they intend to submit
to the Office of the Hearing Examiner via the Hearing Examiner Coordinator as soon as they
have access to it for the purposes of indexing and pre -marking for the hearing. All supporting
exhibits must be provided to the Hearing Examiner Coordinator no less than seven (7) days
prior to the hearing.
B. Organization & Public Preservation of the Record. All documents submitted to the Office of
the Hearing Examiner shall be indexed in numerical order. All documents submitted to the
Office of the Hearing Examiner shall be included in the official record of the hearing subject
to any ruling on includability or admissibility by the Hearing Examiner.
i. Parties shall accompany submissions of documents with an Exhibit List in .doc/.docx
format for the Coordinator's usage.
ii. Parties shall label electronic copies of documents with clear titles and dates.
The following items will be included in the record —procedural decisions and orders of the
Hearing Examiner; any document, item, or other materials the Hearing Examiner admitted
into evidence, made part of the record, relied on, or considered; the Hearing Examiner's
Written Decision; and a video or audio recording of the hearing.
The record shall be maintained for public inspection in the form of a file containing the various
records of the Hearing Examiner's actions, findings, and determinations. This can be obtained
by contacting the Hearing Examiner Coordinator at the Office of the Hearing Examiner located
at Whatcom County Courthouse, 311 Grand Avenue, Suite 105, Bellingham, WA 98225.
Copies of any written materials in the record may be obtained by any interested person upon
payment of the cost of reproduction of such materials.
C. Facts Proposed for Evidence and Supplementing Record on Appeal. At least thirty (30)
calendar days prior to a hearing, unless a different deadline is set at a pre -hearing conference,
a party may submit to the Coordinator any documents in addition to those submitted by the
Department. This would include all forms of facts including documents, photographs, reports,
maps, etc. upon which a Party will be relying or presenting at the hearing. Any documents
submitted later than the timelines provided in this Section shall be included in the official
record at the discretion of the Hearing Examiner. The Hearing Examiner may refuse to
consider or admit into the record any factual record received late. The Hearing Examiner shall
make all such records available to the public in advance of the hearing, or if documents are
submitted late but accepted by the Hearing Examiner, as soon as reasonably feasible.
D. Expert Witness Disclosure on Appeal. Parties must identify expert witnesses in advance in the
form of a Witness List with names, titles, contact information, and the general nature of their
testimony. The Witness List must be submitted to the Coordinator no less than thirty (30)
days in advance of the hearing with copies to other Parties. Parties and Whatcom County
staff need not be identified on such lists and always have the right to testify. However, any
party may request a statement of the general nature of staff testimony if such has not been
described in a relevant staff report. The Hearing Examiner may refuse to consider testimony
from any witness not listed on the Witness List or received late. The Hearing Examiner shall
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make all such documents available to the public in advance of the hearing, or, if documents
are submitted late but accepted by the Hearing Examiner, as soon as reasonably feasible.
E. Transmission of Department Record. Original case files of the Department are kept at the
Department.
Based on a timeline established in §21(D)(ii), the Department shall provide the Office
of the Hearing Examiner with an index of the planningfile along with electronic copies
(or hard copies if necessary) of all relevant evidence. All evidence provided by
Planning shall be placed in the record. These documents should be all relevant
materials to any Department decision or recommendation, or procedural history, and
may include, but are not limited to, the following materials:
1. The Application, including all drawings, plans, and supplemental
materials included with the application;
2. Expert Reports;
3. Appeal Petition;
4. Staff Reports (submission timelines of Staff Reports are governed by
§22);
5. Any administrative decisions or recommendation from the County
Planning and Development Services Department; and
6. Comments received on the Application from the public, County
Departments, or other non -County government agencies.
ii. Timelines for Submission of Department Record
i. For appeals, the Department Record shall be transmitted within fourteen (14)
calendar days after the Department notifies the Office of the Hearing
Examiner that a new appeal is filed, unless a different deadline is set at a pre -
hearing conference or a request for good cause extension is granted.
ii. For permits, project permits, and all other applications, the Department
Record shall be transmitted at the time the Department requests a hearing
be scheduled, unless a different deadline is set at a pre -hearing conference
or a request for good cause extension is granted.
iii. Extensions of time will be given liberally for good cause where the
Department record is large.
F. Development of the Record at the Hearing. All evidence presented at the hearing including,
but not limited to, oral testimony, exhibits, demonstrative aids, and other materials
considered at the hearing shall be included in the official record of the hearing subject to any
ruling on admissibility by the Hearing Examiner.
G. Objection to the Record Created. A Party may object to the inclusion of any particular
document in the record. Such objections shall be made either by written motion before the
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hearing or by oral motion during the hearing. The Hearing Examiner shall rule on such
objections prior to the close of the record.
22. Staff Reports — Party Deadlines.
An initial Staff Report shall be submitted no less than twenty (20) days before the Hearing Date, unless
otherwise dictated by the Code, but may be amended or supplemented thereafter. The staff report
informs the Hearing Examiner of the Department's position regarding the application or appeal. It should
contain the following elements:
A. Basic factual information about the property and the Applicant, such as name, ownership,
address, parcel number, lot size, zone, availability of utilities and public services, and other
relevant information;
B. A detailed description of the lot or lots, including location of existing structures and other
improvements, vegetation, slope, critical areas and buffers, and other relevant factors;
C. A description of the Application and Applicant's objective and procedural history;
D. Information about the zone the property occupies, topography, and neighboring uses;
E. A description of how public notice was achieved, a summary of the public comments the
Department received, and a statement of whether the Department concludes that the public
comments were adequately addressed in the staff report;
F. A statement describing the results of any related SEPA review, or a statement explaining why
no SEPA review occurred;
G. A summary of the reports or recommendations of any other agencies consulted;
H. Analysis of the proposal's consistency with the State and/or County Law, and Comprehensive
Plan. In making the analysis, the staff shall referto applicable ordinances as often as possible;
1. It should fully inform the Hearing Examiner of how the Department made the determination
being appealed or applied for, including relevant facts, context, and WCC citations as needed;
and
J. The Department's recommendation, including any recommended conditions on approval or
remand/rejection.
23. Submission Deadline for Briefs — Party Deadlines.
A. Any initial Briefs with legal argument must be submitted to the Coordinator no less than
fifteen (15) days in advance of the hearing. A Staff Report may be considered an initial brief,
or may be supplemented with an additional initial brief. At their discretion, the Hearing
Examiner may require legal authority to be submitted earlier. The Hearing Examiner may
refuse to consider or admit into the record any legal authority received late. The Hearing
Examiner shall make all such documents available to the public in advance of the hearing, or
if documents are submitted late but accepted by the Hearing Examiner, as soon as reasonably
feasible.
B. Content of Briefs.
i. Applicant's Brief
a. An Applicant must file a brief if legal issues are anticipated.
ii. Appellant/intervenor's Brief
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a. Appellant briefs shall include substantially the following content:
b. Statement of Facts, Statement of Issues, Explanation of Position, Legal
Authority, and Ruling Requested.
c. Failure to timely file an Appellant brief identifying the issues shall result in
dismissal of the appeal. An appeal dismissed under this rule may be
reinstated at the discretion of the Hearing Examiner for good cause
shown.
d. Prose appellants are subject to all of the above.
C. Response Briefs responding to the above shall be filed at least seven (7) days prior to such
hearing, but are not required.
D. Reply Briefs in reply to the above shall be filed at least two (2) days prior to such hearing, but
are not required.
E. The above schedule may be altered via a briefing schedule ordered by the Hearing
Examiner or as agreed by the Parties and submitted to the Hearing Examiner, who
may approve, reject, or modify such schedule.
F. The Hearing Examiner may request specific legal briefing from Parties.
24. Pre -Hearing Conference.
A. The Hearing Examiner, sua sponte or at the request of a party, may require one or more pre -
hearing conferences conducted on the record like any other hearing, which may be in person,
by virtual meeting, or telephonic, to discuss matters appropriate to ensure the orderly and
expeditious disposition of the proceedings. Items discussed at a pre -hearing conference may
include:
i. Whether issue clarification statements, dispositive motions, exhibit lists and distribution,
witness lists, hearing briefs, post -hearing briefs, and other submittals are needed, and if
so, deadlines and methods of filing and service of the same;
ii. The date, time, and location at which the hearing is to be held;
iii. Issues related to discovery;
iv. Issues related to intervention; and
v. Other procedural issues as the Hearing Examiner deems appropriate.
B. The Parties shall receive notice of a pre -hearing conference at least seven (7) calendar days
in advance of the conference, unless otherwise agreed. All participants shall attend the
conference either personally or via a representative or attorney, unless the Hearing Examiner
grants permission to not attend or directs that it will be a telephonic or video conference.
C. Following a pre -hearing conference, the Hearing Examiner may issue orders reflecting the
actions taken, decisions made, or rulings made during the conference.
25. Pre -Hearing Motions.
A. All motions, other than those made orally during a hearing, shall be in writing and shall state
the relief requested and the grounds for that relief. Motions must be served on all Parties
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the same day they are submitted to the Hearing Examiner. Unagreed motions should be
served thirty (30) days before any hearing that they may affect; agreed motions may be filed
at any time.
B. Unless otherwise specified by the Hearing Examiner, the other Parties may file and serve a
written answer to a Motion within nine (9) days of the filing of the motion.
C. Unless otherwise specified by the Hearing Examiner, the Hearing Examiner shall rule on the
motion within fourteen (14) days of the passing of the deadline for answers to the motion or
within fourteen (14) days of oral argument as ordered by the Hearing Examiner, whichever is
later. There is no right to oral argument for a motion filed outside of a hearing, but the
Hearing Examiner may in their discretion grant a request for, or require oral argument before,
ruling on the motion.
D. Motions made orally during a hearing may be answered and ruled on immediately.
E. A party may file a motion at any time without regard otherwise to timelines in these rules on
the necessity of shortening any timelines in these rules or for emergency continuances.
26. Nature of Hearings.
A. Hearings shall be of an informal nature, but shall allow a reviewing body to easily ascertain
the relevant facts, evidence, and arguments presented during the hearing and allow the
Parties to develop a complete record. The order in which Parties present their cases shall not
impact the applicable burden(s) of proof.
B. The Examiner shall have the power to maintain order and decorum during the conduct of all
hearings before them.
C. All persons in attendance at any hearing of the Hearing Examiner or any other conference or
meeting provided for in these Rules shall conduct themselves with reasonable decorum and
courtesy consistent with judicial proceedings. All persons shall conduct themselves with
civility and deal courteously with all who participate in the proceedings. Failure to do so will
result in removal from the hearing at the discretion of the Hearing Examiner. The Hearing
Examiner may recess a hearing at any time that a violation occurs. In that event, the Hearing
Examiner shall re -convene the hearing pursuant to oral notice given at the time of recessing,
or pursuant to subsequent written notice to the parties of record, under such conditions as
are reasonable to assure that the violation(s) will not repeat. Such conditions may include
the exclusion of identified persons for the hearing or exclusion from further participation in
the matter.
D. The Examiner may remove or have removed from the hearing room any person whose
conduct is interrupting the hearing. If necessary, law enforcement officers maybe summoned
by the Examiner to carry out any of the provisions of this Rule and to maintain law and order.
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In the event that any person or persons interrupt any hearing before the Examiner such that
it becomes impossible to conduct an orderly hearing and order cannot be restored by removal
of the individuals interrupting the hearing, the following steps may be taken:
i. The Examiner may mute or block participants in a hearing appearing by video or
telephonic methods;
ii. The Examiner may order the hearing room cleared of specific individuals or all
participants and continue in session as order is restored; and,
iii. The Examiner may adjourn the hearing and reconvene the hearing at another
location.
E. Whenever the Examiner deems it necessary to reconvene a hearing in a new location or to
clear the room of all persons before resuming because of interruptions preventing an orderly
hearing at the regular hearing room location:
i. Final disposition may only be taken on matters appearing on the agenda at the time
the disturbance arose leading to an adjournment.
ii. The Examiner may establish a procedure for re -admitting any persons not responsible
for the disturbing of the orderly conduct of the hearing.
27. Format of Hearings.
A. When the Hearing Examiner holds a hearing the hearing should proceed according to the
following outline:
i. Hearing examiner's introductory statement;
ii. Opening statements by the Parties, if any;
iii. Presentation of staff report by the Department;
iv. Presentation and/or testimony by the Applicant;
v. Presentation and/or testimony by the Appellant;
vi. Presentation and/or testimony by the landowner, if different than the Applicant or
Appellant Presentation;
vii. Presentation and/or testimony by Intervenors;
viii. Public comment regarding the matter;
ix. Opportunityfor Department, Applicant, Appellant, Intervenors, and the Hearing Examiner
to ask additional questions to any Party at Hearing Examiner's discretion; cross
examination of any witness will otherwise usually occur immediately following direct
testimony from that witness;
x. Opportunity for rebuttal testimony.
xi. Closing statements of the Parties.
B. The Hearing Examiner may alter the order of the proceedings as needed.
28. Special Rules on Appeals to The Hearing Examiner.
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A. Filing an application for appeal shall stay all proceedings in furtherance of the action(s)
appealed from unless the Hearing Examiner finds that a stay of decision would cause an undue
hardship or danger to persons or property, subject to any conflicting or superseding authority.
29. Burden of Proof & Evidence.
A. In each hearing on an application for a permit, the Applicant shall have the burden of proof.
In each appeal hearing, the Appellant shall have the burden of proof.
B. With regard to decisions of the Department, the Hearing Examiner shall give due deference
to the expertise and experience of the staff rendering such decision.
C. The Hearing Examiner has discretion over the admission of evidence.
i. Admissibility. The federal district court or state superior court rules of evidence that
would apply in a court setting need not be observed, but may serve to guide the Hearing
Examiner in their discretion. Generally, any and all relevant evidence with probative value
from a reliable source shall be admitted, including hearsay. It is the Hearing Examiner's
prerogative to give weight to admitted evidence as they see appropriate.
ii. Objection. Any Party may object to the admission of evidence into the record. The
Hearing Examiner shall rule on all objections to evidence made during the hearing before
the close of the record.
iii. Testimony. The Hearing Examiner may limit testimony that would be repetitious or
irrelevant, may impose a reasonable limit on the number of witnesses and the length of
their testimony, and may limit cross examination only to what is necessary for the full
disclosure of facts.
iv. Documents. Documentary evidence may be received in the form of copies if the original
is not readily available.
v. Privilege. To the extent recognized by law, the rules of privilege shall apply.
vi. Judicial Notice. The Hearing Examiner may take judicial notice of a fact if the truth of the
fact cannot reasonably be doubted. In addition, the Hearing Examiner may take judicial
notice of facts within their specialized knowledge. The Hearing Examiner may give notice
to the Parties that he or she is taking judicial notice of a fact; this can be accomplished by
an announcement during the proceedings or in the written decision.
D. No additional evidence may be submitted afterthe close of the record. The Hearing Examiner
may, in their discretion, hold open the record after a hearing for a prescribed period of time.
The Hearing Examiner may re -open the record to allow new evidence at their discretion if the
evidence has significant relevance and there is good cause for the delay in its submission.
30. Witnesses.
A. The Hearing Examiner may require all witnesses testifying before the Hearing Examiner to
take an oath or affirmation to be truthful and may refuse to take testimony from a witness
that refuses to make such attestations.
B. If a witness testifies via an interpreter, the interpreter shall take an oath that a true
interpretation shall be made.
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C. As Hearing Examiner proceedings are open to the public, it is anticipated that some members
of the public may wish to testify. Witnesses who are not Parties shall be allowed to testify in
proceedings on an Application for which public testimony is allowed. Witnesses who are not
Parties may be allowed to testify in Appeal proceedings at the Hearing Examiner's discretion.
The Parties may in their discretion cross-examine members of the public testifying as
witnesses in proceedings. The Parties may be allowed to cross-examine members of the
public testifying as witnesses in proceedings on an Appeal, at the Hearing Examiner's
discretion. Witnesses who are not parties may not cross-examine.
D. Witnesses may present their testimony via telephone, virtual meeting, or video -conference
at the discretion of the Hearing Examiner, as long as all present can hear or hear and see the
witness and the ability to cross-examine the witness is not impacted.
31. Site Inspection.
When it is helpful to develop a full understanding of the case or making a finding of fact, the Hearing
Examiner may inspect the site(s) at issue prior to, during or subsequent to the hearing if the proceedings
are held open or re -opened for that purpose. The inspection itself is not recorded or part of the record,
but the Hearing Examiner shall orally or in writing add any site inspection observations relied upon to the
record prior to closing the record. Failure to inspect the site will not render the Examiner's
recommendation of decision void. If Parties or Participants are present at the site inspection, all persons
must observe the ex parte communications rules.
32. Continuances.
A. The Hearing Examiner may continue or re -open proceedings for good cause by entering an
order to that effect prior to issuing their decision.
B. If a Party requests that the Hearing Examiner consider a continuance or a rescheduling of a
continued hearing:
i. The party must reasonably attempt to confer with other Parties and make the request in
writing, and be received by the Coordinator not less than 14 days prior to the established
hearing date, and must state why a further delay is desired.
ii. The Department or Coordinator must inform the Examiner that there is adequate time
and resources to send timely cancellation notices to all persons who were sent the initial
hearing notice and to all parties of record. A cancellation notice is "timely" only if mailed
seven (7) or more days prior to the date of the scheduled open record hearing.
iii. The Examiner will grant or deny the request in writing based upon consideration of the
public interest impacts of the request.
iv. If a continuance requested by a Party will result in a hearing date beyond a
date specified by the applicable ordinance for a final decision, the Party shall
be deemed to have given a waiver of that deadline to the new hearing date.
C. If the Hearing Examiner continues proceedings during a hearing and announces the date,
time, place, and nature of the future hearing, no further notice of the continuance is required.
D. If the Hearing Examiner continues proceedings outside of a public hearing, notice shall be
provided to all parties with standing and others who have requested notice not less than five
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(5) days prior to the newly scheduled hearing. Hearings requiring public notice shall be re -
noticed for the public. If the hearing is continued during the public hearing, no additional
notice is required to the parties or public. Said notice shall include the date, time, place, and
nature of the subsequent hearing.
33. Leaving the Record Open.
The Hearing Examiner may leave the record open at the conclusion of a hearing to receive further
evidence or argument or for other good cause, under conditions the Hearing Examiner deems
appropriate. All Parties of Record shall be given notice that the record has been left open and the date it
will be closed.
34. Re -Opening Proceedings.
At any time prior to the issuance of the decision, the Hearing Examiner may re -open proceedings for the
reception of further evidence or legal briefing. When the Hearing Examiner determines after a hearing
that a future hearing is needed, all persons entitled to notice shall be provided at least seven (7) days'
notice of the date, time, place, and nature of the future hearing. Such notice shall also be published in a
publication of record.
35. Decision of the Hearing Examiner.
The written decision of the Hearing Examiner shall be issued within 14 calendar days of the hearing
pursuant to RCW 35A.63.170 unless a longer period is mutually agreed to in writing by the applicant and
the hearing examiner. The written decision shall include all of the following elements:
A. A statement of the nature and background of the proceeding;
B. Findings of Fact. The findings of fact are a statement of all the facts that form the basis of the
decision. The findings of fact must be derived exclusively from testimony and evidence
presented during the hearing and facts of which the Hearing Examiner took official notice.
The source of each finding of fact should be identified and cited;
C. Conclusions of Law. Conclusions of law should cite to specific provisions of law or regulations
and include reasons and precedents relied on, whenever applicable. If relevant, the
conclusions of law should address how the decision is supported by the comprehensive plan
and the effect of the decision on properties in the vicinity; and
D. Order. The Hearing Examiner's order shall be based on the entire record and supported by
reliable, probative, substantial evidence.
36. Motions for Corrections of Clerical Errors, Clarification, and Reconsideration.
A. Clerical Errors. Clerical errors in any part of the record, order, or decision arising from an
oversight or from errors in computation may be corrected by an order at the Hearing
Examiner's initiation or in response to a motion of any Party.
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B. Clarification. Any Party, after reasonably attempting to confer with other Parties, may
request clarification within seven (7) days of any order or decision, if the parties have a
disagreement in the meaning of any provision or agree that it is ambiguous.
C. Reconsideration. Any Party may request reconsideration within seven (7) days of an order or
decision. The grounds for a reconsideration must fall under the standards outlined in
Washington State Superior Court Civil Rule 59(a), adopted here.
37. Termination of Jurisdiction.
The jurisdiction of the Hearing Examiner to revise or amend a Final Decision is terminated seven (7) days
afterthe issuance of the Hearing Examiner's decision, except when the Hearing Examiner expressly retains
jurisdiction, re -opens the hearing, a substantive motion about the final decision is filed, a reviewing court
remands a matter to the Hearing Examiner, or as otherwise provided in these Rules or the law. The
Hearing Examiner may affirm or modify the decision at their discretion, and shall modify the decision if
the law so requires.
Where the Hearing Examiner determines that the grounds cited for reconsideration do not warrant
modification of the decision, they shall provide the requesting party with written notice of such
determination prior to the expiration of the time set out herein for the filing of an appeal.
Unless otherwise specified by the Hearing Examiner or other applicable law, a Final Decision of the Hearing
Examiner authorizing a proposal shall expire if the applicant fails to execute the approval within one (1)
year of the date of the decision. An extension of the expiration date may be granted by the Hearing
Examiner where the applicant has made a written request for an extension at least thirty (30) days prior
to the expiration date. The Hearing Examiner may, at his/her discretion, order that a public hearing be
held on the request.
38. Appeals of Hearing Examiner Decisions.
The effect of the hearing examiner's decision may vary by type of Application or Appeal and is as stated
in the law. For most matters, the Hearing Examiner's decision is the final decision, subject to appeal to
Whatcom Superior Court, the Shoreline Hearings Board, or other reviewing body as legally mandated.
Recommendations are not subject to appeal as they are not final decisions.
The time for appealing a Final Decision shall run from the Final Decision, or from any final ruling on
motions filed in response to the Final Decision (Clerical Error, Clarification, or Reconsideration).
Unless otherwise specified by the law, a Party aggrieved by a final decision of the Hearing Examiner may
appeal to the Whatcom County Superior Court, as provided in RCW 36.70C.040 or other body as specified
by WCC. Such an appeal must be made within twenty-one (21) days of the date of that final decision.
Appeals of decisions made under Title 23, the Shoreline Management Program, must be appealed to the
Shoreline Hearings Board pursuant to RCW 90.58.180.
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The foregoing rules and regulations are hereby promulgated on the 22"d of March,
2024, by the Whatcom County Hearing Examiner.
Rajeev D. Majumdar
Approved this J of _, 2024, by the Whatcom County Council.
Ch it erson
Attest%`�
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.$ ro y
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Dana Br, W10, Dav�sf Clerk of the Council
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