HomeMy WebLinkAboutord2025-044Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2025-538
File ID: AB2025-538 Version: 1 Status: Substitute Adopted
File Created: 07/15/2025 Entered by: LBruner@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council Final Action: 09/09/2025
Agenda Date: 09/09/2025 Enactment #: ORD 2025-044
Related Files:
Primary Contact Email: lbruner@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Section 2.11 to clarify the authority of the Hearing
Examiner
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See attached
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
07/22/2025 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
09/09/2025 Council SUBSTITUTE ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Attachments: Memo, Proposed Ordinance, Substitute Ordinance
Whatcom County Page 1 Printed on 9110/2025
PROPOSED BY: Hearing Examiner
INTRODUCTION DATE: July 22, 2025
ORDINANCE NO. 2025 - 044
ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.11 TO CLARIFY THE
AUTHORITY OF THE HEARING EXAMINER
WHEREAS, the Whatcom County Council has adopted the Hearing Examiner process and
understands that clear and transparent ordinances and rules are needed and need to be updated
from time to time to promote good governance; and
WHEREAS, the Whatcom County Council has the authority and proper interest in regulating
administrative decisions through ordinances and ensuring such regulation is done in a logical manner
with due process and without redundancy or ambiguity in the code; and
WHEREAS, the Council wishes to make clear in ordinance the Hearing Examiner's authority that
has previously been approved by the Council through consistent rule promulgations as far back as
1986; and
WHEREAS, the Council wishes to update the appropriate codes and has duly considered the
proposed revisions to Chapter 2.11, put forward by the Hearing Examiner, attached hereto as Exhibit
A.
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council has reviewed the
revised ordinance described above and finds the changes to be appropriate; and
BE IT FINALLY ORDAINED that the Council hereby adopts the revised sections of Chapter 2.11
as reflected in Exhibit A.
ADOPTED this 9th day of September , 2025.
ATTEST: A,`,
VA
A, •.,,
Cathy HaIka, Clerk of-t w1gil
® e;� )
APPROVE[j:oAS TO F44$
g,.
approved by Kimberly Thulin / LB
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,
WASHINGTON
Kaylee ffalloway, Council Chair
Approved () Denied
OA
Satpal Sidh , County Executive
Date: ®►. NIL. 1..5
EXHIBIT A
2.11.200 Hearing examiner — Duties and powers.
A. In any of the decisions, appeals, or applications subject to review by the Hearing
Examiner, the Hearing Examiner has the power to grant in part or as a whole, reject
in part or as a whole, or to remand in part or as a whole with directions for
interpretation by a Department. Further in granting, denying, or remanding any
decision or application, partially or otherwise, the Hearing Examiner shall have the
power to impose, modify, or remove conditions. In appeals the Hearing Examiner
shall review the underlying decision de novo.
B. The Hearing Examiner shall have the power to issue summons for and compel the
appearance of witnesses, issue subpoenas for documents, to administer oaths,
and preserve order including making rulings to exclude and trespass parties that
are disrupting proceedings from hearings. Parties may have their matters
dismissed or ruled adversely against for failure to obey subpoenas and summons.
The Sheriff's Office may assist the Hearing Examiner in serving subpoenas and
summons.
2.11.220 Rules and regulations.
The hearing examiner shall have the power to prescribe rules and regulations for the conduct of
hearings before them, subject to approval by the county council. The opportunity of cross-
examination of witnesses shall be afforded to all parties of record with standing or their counsel
in accordance with the rules of the hearing examiner.