Hearing Examiner | Administration
H. Appeal to examiner—Filing
or appeal fee deprives the examiner of jurisdiction to consider the appeal.
1. Except as otherwise provided herein, all appeals to the examiner shall be filed with the City department issuing the original decision with a copy provided by the department to the hearing examiner. Except as otherwise provided herein, an appeal, together with the required appeal fee, shall be filed within 21 calendar days from the date of issuance of such decisions.
Dismissal of untimely appeals
I.
On its own motion or on the motion of a party, the examiner shall dismiss an appeal for untimeliness or lack of jurisdiction.
J. Expeditious processing
1. Hearings shall be scheduled by the examiner to ensure that final decisions are issued within the time periods provided in SDC 21.09.010M. During periods of time when the volume of permit activity is high, the City shall retain one or more pro tem examiners to ensure that the 120-day time period for final decisions is met. 2. Appeals shall be processed by the examiner as expeditiously as possible, giving appropriate consideration to the procedural due process rights of the parties. Unless a longer period is agreed to by the parties, or the examiner determines that the size and scope of the project is so compelling that a longer period is required, a prehearing conference or a public hearing shall occur within 45 days from the date the office of the hearing examiner is notified that a complete statement of appeal has been filed. In such cases where the examiner has determined that the size and scope warrant such an extension, the reason for the deferral shall be stated in the examiner’s recommendation or decision. The time period may be extended by the examiner at the examiner’s discretion for not more than 30 days.
2. Department staff shall:
a. Be available within a reasonable time to persons wishing to file an appeal subsequent to an agency ruling, and to respond to queries concerning the facts and process of the City decision; and b. Make available within a reasonable time a complete set of files detailing the facts of the department ruling in question to persons wishing to file an appeal, subsequent to an agency ruling. If a department is unable to comply with these provisions, the hearing examiner may authorize amendments to an appeal to reflect information not made available to an appellant within a reasonable time due to a failure by the department to meet the foregoing requirements. The appeal shall identify the decision being appealed and the alleged errors in that decision. Further, the appeal shall state specific reasons why the decision should be reversed or modified, the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based principally on matters or issues raised in the appeal. Failure to timely file an appeal
K. Time limits
In all matters where the examiner holds a hearing on applications, the hearing shall be completed and the examiner’s
Effective | January 1, 2022
Title 21: Sammamish Development Code | 633
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