H-3674.1 _______________________________________________
HOUSE BILL 2810
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representative Dunshee
Read first time 01/29/2002. Referred to Committee on Local Government & Housing.
AN ACT Relating to the authority of land use hearing examiners; amending RCW 36.70A.270; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 36.70B RCW; adding a new section to chapter 36.70C RCW; adding a new chapter to Title 35 RCW; and repealing RCW 35.63.130, 35A.63.170, 36.70.970, and 58.17.330.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. There are presently several sections in the Revised Code of Washington with references to a hearing examiner. This leads to confusion over the role of the hearing examiner and the procedures that should be followed. Changes and additions to previously established land use law, either through statutory enactment, reform, or judicial decisions has created a growing and complex system that is difficult for many to navigate. Consolidating these sections into a single set of procedures, which would apply to all jurisdictions that adopt the system, would provide greater clarity and uniformity for the land use review process.
NEW SECTION. Sec. 2. (1) Each local government may adopt a hearing examiner system to hear and decide land use applications and appeals.
(2) To ensure procedural due process, each local government, upon adoption of a hearing examiner system, must adopt rules to govern the process for review of the land use permits and related appeal of administrative decisions.
(3) A hearing examiner must have a demonstrated knowledge of land use law, planning, and administrative procedure law, and have graduated from a law school accredited by the American bar association.
NEW SECTION. Sec. 3. A hearing examiner must have a reasonable period to produce a decision. For an original application for land use permits, thirty days constitutes a reasonable period. For appeals, sixty days constitutes a reasonable period. This reasonable period may be shortened upon motions of the party, which are supported by compelling evidence.
NEW SECTION. Sec. 4. A hearing examiner's decision has the legal effect of a final decision of a legislative body. This decision may be appealable under chapter 36.70C RCW.
NEW SECTION. Sec. 5. A hearing examiner has quasi-judicial immunity.
NEW SECTION. Sec. 6. A new section is added to chapter 35.21 RCW to read as follows:
The use of a hearing examiner system to settle land use issues must comply with the provisions of chapter 35.-- RCW (sections 1 through 5 of this act).
NEW SECTION. Sec. 7. A new section is added to chapter 35.63 RCW to read as follows:
The use of a hearing examiner system to settle land use issues under this chapter must comply with the provisions of chapter 35.-- RCW (sections 1 through 5 of this act).
NEW SECTION. Sec. 8. A new section is added to chapter 35A.63 RCW to read as follows:
The use of a hearing examiner system to settle land use issues under this chapter must comply with the provisions of chapter 35.-- RCW (sections 1 through 5 of this act).
NEW SECTION. Sec. 9. A new section is added to chapter 36.70 RCW to read as follows:
The use of a hearing examiner system to settle land use issues under this chapter must comply with the provisions of chapter 35.-- RCW (sections 1 through 5 of this act).
NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:
The use of a hearing examiner system to settle land use issues under this chapter must comply with the provisions of chapter 35.-- RCW (sections 1 through 5 of this act).
NEW SECTION. Sec. 11. A new section is added to chapter 36.70B RCW to read as follows:
The use of a hearing examiner system to settle land use issues under this chapter must comply with the provisions of chapter 35.-- RCW (sections 1 through 5 of this act).
NEW SECTION. Sec. 12. A new section is added to chapter 36.70C RCW to read as follows:
The use of a hearing examiner system to settle land use issues under this chapter must comply with the provisions of chapter 35.-- RCW (sections 1 through 5 of this act).
Sec. 13. RCW 36.70A.270 and 1997 c 429 s 11 are each amended to read as follows:
Each growth management hearings board shall be governed by the following rules on conduct and procedure:
(1) Any board member may be removed for inefficiency, malfeasance, and misfeasance in office, under specific written charges filed by the governor. The governor shall transmit such written charges to the member accused and the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Removal of any member of a board by the tribunal shall disqualify such member for reappointment.
(2) Each board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. If it is determined that the review boards shall operate on a full-time basis, each member shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is determined that a review board shall operate on a part-time basis, each member shall receive compensation pursuant to RCW 43.03.250, provided such amount shall not exceed the amount that would be set if they were a full-time board member. The principal office of each board shall be located by the governor within the jurisdictional boundaries of each board. The boards shall operate on either a part-time or full-time basis, as determined by the governor.
(3) Each board member shall not: (a) Be a candidate for or hold any other public office or trust; (b) engage in any occupation or business interfering with or inconsistent with his or her duty as a board member; and (c) for a period of one year after the termination of his or her board membership, act in a representative capacity before the board on any matter.
(4) A majority of each board shall constitute a quorum for making orders or decisions, adopting rules necessary for the conduct of its powers and duties, or transacting other official business, and may act even though one position of the board is vacant. One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board. The board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.
(5) ((The board may
appoint one or more hearing examiners to assist the board in its hearing
function, to make conclusions of law and findings of fact and, if requested by
the board, to make recommendations to the board for decisions in cases before
the board. Such hearing examiners must have demonstrated knowledge of land use
planning and law. The boards shall specify in their joint rules of practice
and procedure, as required by subsection (7) of this section, the procedure and
criteria to be employed for designating hearing examiners as a presiding
officer. Hearing examiners selected by a board shall meet the requirements of
subsection (3) of this section. The findings and conclusions of the hearing
examiner shall not become final until they have been formally approved by the
board. This authorization to use hearing examiners does not waive the
requirement of RCW 36.70A.300 that final orders be issued within one hundred
eighty days of board receipt of a petition.
(6))) Each board shall make findings of fact and
prepare a written decision in each case decided by it, and such findings and
decision shall be effective upon being signed by two or more members of the
board and upon being filed at the board's principal office, and shall be open
for public inspection at all reasonable times.
(((7))) (6)
All proceedings before the board((,)) or any of its members((,
or a hearing examiner appointed by the board)) shall be conducted in
accordance with such administrative rules of practice and procedure as the
boards jointly prescribe. All three boards shall jointly meet to develop and
adopt joint rules of practice and procedure, including rules regarding
expeditious and summary disposition of appeals. The boards shall publish such
rules and decisions they render and arrange for the reasonable distribution of
the rules and decisions. Except as it conflicts with specific provisions of
this chapter, the administrative procedure act, chapter 34.05 RCW, and
specifically including the provisions of RCW 34.05.455 governing ex parte
communications, shall govern the practice and procedure of the boards.
(((8))) (7)
A board member ((or hearing examiner)) is subject to disqualification
under chapter 34.05 RCW. The joint rules of practice of the boards shall
establish procedures by which a party to a hearing conducted before the board
may file with the board a motion to disqualify, with supporting affidavit,
against a board member ((or hearing examiner)) assigned to preside at
the hearing.
(((9))) (8)
The members of the boards shall meet jointly on at least an annual basis with
the objective of sharing information that promotes the goals and purposes of
this chapter.
NEW SECTION. Sec. 14. Sections 1 through 5 of this act constitute a new chapter in Title 35 RCW.
NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:
(1) RCW 35.63.130 (Hearing examiner system--Adoption authorized--Alternative--Functions--Procedures) and 1995 c 347 s 423, 1994 c 257 s 8, & 1977 ex.s. c 213 s 1;
(2) RCW 35A.63.170 (Hearing examiner system--Adoption authorized--Alternative--Functions--Procedures) and 1995 c 347 s 424, 1994 c 257 s 7, & 1977 ex.s. c 213 s 2;
(3) RCW 36.70.970 (Hearing examiner system--Adoption authorized--Alternative--Functions--Procedures) and 1995 c 347 s 425, 1994 c 257 s 9, & 1977 ex.s. c 213 s 3; and
(4) RCW 58.17.330 (Hearing examiner system--Adoption authorized--Procedures--Decisions) and 1995 c 347 s 429, 1994 c 257 s 6, & 1977 ex.s. c 213 s 4.
--- END ---