INTRODUCTION
This guide summarizes the hearing examiner process.  It has no legal effect. The hearings are legal processes governed by chapter 20.24 of the King County Code, other ordinances pertinent to the matter in issue, and the hearing examiner rules. Copies of relevant ordinances are available from the clerk of the council or the responsible county agency.   Obtain the hearing examiner’s procedural rules from our website or our office.  Questions are invited.  Contact us at (206) 296-4660.

 TYPES OF HEARINGS
The examiner holds two types of public hearing:  hearings on applications and administrative appeals. 

Hearings on applications
In an application hearing, the examiner considers land use or development proposals and issues either a final decision or a recommendation to the county council.  These hearings provide the general public an opportunity to provide testimony and comment, and to obtain responses to questions. 

They include:

• Applications for reclassification (rezoning) of specific parcels of real property

• Applications for shoreline environment redesignation

• Applications for reduced tax assessment of "public benefit" land or timberland

• Petitions for road vacations

• Applications for preliminary plat approval (subdivisions), plat alterations, and preliminary plat revisions

• Site-specific amendments to official county land use plans

• Urban planned developments and fully contained communities

Except for site-specific plan amendments, persons who disagree with the examiner’s written recommendation or decision may file a formal appeal to the county council.

 Administrative appeal hearings
In some circumstances, when someone disputes a decision made or action taken by a county agency, county codes authorize an appeal to be taken and the examiner holds an administrative appeal hearing.  Typical administrative appeals address code enforcement citations, conditional use and variance decisions, SEPA threshold determinations, and short plat decisions.

Administrative appeal hearings enable parties directly affected (including the responsible county agency) to obtain timely and fair dispute resolution.  The opportunity for the general public to comment on such disputes is limited.  The examiner’s administrative appeal decisions can be appealed to the superior court or, in some cases, to an identified state agency or board.

MEDIATION
King County provides an opportunity to mediate issues within the hearing examiner's jurisdiction.  To initiate a mediation, make a written request early in the application or appeal review process.  Mediation rules are available from the office of the hearing examiner.

INITIATING A HEARING

Applications
For public hearings on applications, the hearing process begins when the reviewing department notifies the examiner that the application is ready to be considered and issues a hearing notice to the public.

Appeals
Administrative appeals to the examiner must be filed with the department that made the disputed decision.  These filing and information requirements apply:

1.       Notice of appeal and appeal fee.  The notice of appeal and any required appeal fee must be filed, within the time allowed, with the county agency that made the decision or took the action being appealed.  In most instances, the deadline for receipt of the notice and fee is fourteen (14) calendar days from the date of issuance of the county decision.

2.       Appeal statement.  The appeal statement is usually consolidated with the notice of appeal, but may be filed separately.  It must be received by the responsible county agency within twenty-one (21) calendar days of the decision or action appealed.  This statement must contain specific information, as outlined below, describing the nature and scope of the appeal.  If the following information is not contained in a timely appeal statement, the appeal may be subject to dismissal without a full hearing.

            A.   Identify the decision being appealed.  Provide the name of the King County department or division that issued the decision, the department file number, the date of the decision, and if applicable, the applicant's name and the property location.

      B.   Identify the appellant's interest.  Give the name of the appellant (including address and telephone number) and describe the way in which the decision being appealed harms or adversely affects the appellant or the appellant's property.

      C.   State the basis for the appeal.  Describe the reasons why the decision is wrong.  Typical reasons include the impact it will cause, the laws or policies it violates, or significant issues it fails to address.

      D.   State the relief requested.  Describe the outcome that the appellant seeks -- a reversal of the decision; remand to a department for reconsideration; or a change in the conditions of a permit approval.

HEARING PURPOSE

Appointed by the county council, the examiner conducts hearings to find facts and hear arguments regarding relevant laws, ordinances, policies and administrative regulations that apply to the application, alleged violation or other matter being reviewed.

 PROHIBITED EX PARTE CONTACTS; APPEARANCE OF FAIRNESS
Examiner hearings are quasi-judicial.  All persons are prohibited from contacting the examiner outside the public hearing for the purpose of influencing a decision.  The examiner’s administrative staff screens all correspondence and telephone calls to prevent prohibited contacts.  Similarly, contacting a member of the county council for the purpose of influencing the outcome of a hearing or an appeal can lead to disqualifying that councilmember.

 Examiners and councilmembers may not participate in quasi-judicial proceedings in which they have a financial interest, have pre-judged the issues, or may appear to be biased as a result of connections with a party or property involved.  Any person who has reasonable grounds to believe that an examiner or a member of the council might be influenced by any factor outside the public record of the hearing should promptly bring that concern to the attention of the affected official.

 NOTICE OF HEARINGS
Notice of the initial hearing on a land development proposal is given by posting the property, by advertising in the official newspaper of the county and by mailing to nearby property owners (as listed in the records of the King County assessor) whose properties are within a 500 foot radius of the parcel to be developed.

 When you testify at the hearing or otherwise provide your name and mailing address to the hearing examiner's office, you will receive any additional notices or reports that the hearing examiner may issue.

INTERVENTION
The parties to a proceeding normally include the applicant or appellant and the responsible county agency.  Anyone else is regarded as an “interested person.”  An interested person may request intervenor status as a party to a hearing when that person has a substantial property interest in the subject matter of the proceeding, owns property which is likely to be directly physically affected by the result of the proceeding or shows that his or her participation as a party would be in the public interest. When appropriate, the examiner may grant to an intervenor procedural rights to conduct pre-hearing discovery, cross examine witnesses and be heard on scheduling and other motions.

 PRE-HEARING CONFERENCES AND DISCOVERY
The examiner may schedule a pre-hearing conference for complex matters or expected lengthy proceedings.  Pre-hearing conferences seek to clarify issues and address procedural matters in advance, leading to a more efficient hearing.  If a pre-hearing conference is not scheduled at the outset, the examiner's written notice of the hearing, sent to parties and interested persons, will specify the final date for requesting one.  Pre-hearing conferences normally need not be requested when the issues are clear and involve only a few parties and witnesses.

 To make hearings more efficient and to reduce the likelihood of parties being surprised by new issues or information at the hearing, the examiner’s procedural rules require exchange of certain information ("discovery") by the parties before the hearing. 

STAFF REPORTS AND  FILES
The responsible agency submits a preliminary report to the examiner two weeks before the hearing.  Interested persons may request a copy in advance of the hearing from the responsible agency.  Copies will be available in the hearing room.  The report reviews the facts, provides the department’s analysis of applicable laws and ordinances, and contains a recommendation to the examiner.

The responsible agency maintains a separate file for every application or appeal. These files are public records.  Interested persons may arrange with the responsible agency to review the file before the hearing.

 AGENDAS AND HEARING ROOMS
On the day of the hearing, the examiner’s office posts on the door of the hearing room an agenda listing all items to be heard.  If you are uncertain as to where, when or whether a matter will be heard, call the hearing examiner's office at (206) 296-4660.

ORDER OF PROCEEDINGS
The order of proceedings for a hearing is subject to the terms stated in a pre-hearing order, if one has been issued.  Modifications in the usual sequence may also be made by the examiner.  In most hearings, the order of proceedings is:

      1.   Staff introduction of exhibits 

      2.   Staff summary of issues and preliminary recommendation

      3.   Testimony by applicant or appellant

      4.   Public testimony (for development applications only)

      5.   Staff rebuttal and responses to questions

      6.   Rebuttal by the other participants (following the same order as initial statements)

      7.   Final arguments.

HOW TO PARTICIPATE
To assure a complete hearing record, one of the microphones provided by the examiner's office must be used for all statements or questions.  When you first speak, spell your last name and give your mailing address.  State your name each time you speak.

All testimony is required to be under oath or affirmation.   Testimony and argument are most useful if they provide factual information that shows how a specific statute, rule of law, ordinance or county policy applies to the proposal or situation under review.

State directly and succinctly the relevant information or argument you wish to present. Avoid repetition.  Question and answer format is permitted but is not necessary.  Persons testifying may use notes, written statements and visual aids.  If you simply agree with testimony previously presented, a statement to that effect is sufficient.  However, you may elaborate or expand on others’ testimony if necessary for a full understanding of an issue.

Arrange for audiovisual or other presentation aids before the hearing.  Make requests for audiovisual equipment to the responsible department several days before the hearing. Provide duplicate copies of tapes running longer than ten minutes to opposing parties.

Exhibits introduced into evidence become part of the permanent county record.  They must be readily storable, preferably within standard legal size filing folders. Large, easily seen exhibits may be used but reduced size copies will be required for the permanent hearing record.

Request the examiner’s attention to ask questions that arise during the hearing concerning procedures.  If you cannot hear or see adequately, feel free to move about the hearing room.  Be as comfortable in participating as you can without disturbing the proceeding.

As a courtesy to other participants, refrain from side conversations during the hearing and turn off all cell phones.

CONTINUANCES
A hearing usually proceeds during regular business hours on succeeding days until concluded.  Sometimes, however, a hearing may be continued by the examiner to a later date.  On other occasions, a hearing may be continued for "administrative purposes", which allows the future submission of written evidence or argument specified by the examiner.

EXAMINER'S REPORT
The examiner's recommendation or decision includes findings of fact based upon evidence in the hearing record and conclusions drawn from those findings.  The examiner customarily mails the report within ten days after the close of the hearing to the parties and known interested persons.

APPEALS FROM EXAMINER RECOMMENDATIONS OR DECISIONS
As a service to the public, the examiner's report usually includes information on the method of appeal available and the time limit within which an appeal must be filed.  However, it is an appellant's responsibility to determine the requirements for filing an appeal.  Failure to file an appeal timely and to pay the required appeal fee precludes the appeal from being considered.

An appeal of an application decision to the county council must be filed within fourteen (14) calendar days after the examiner's report is issued.  The notice of appeal, together with the required appeal fee, must be received by the clerk of the council at Room 1025 of the King County Courthouse before 4:30 p.m. on the fourteenth day following the date of the examiner’s report, or the appeal cannot be accepted for consideration.  (If the fourteenth day is a day on which the office of the clerk is not open for business, the next succeeding business day is the last day for filing.)  An appeal statement also must be filed.  See King County Code section 20.24.220 for specific requirements.  Please note that additional facts (new information) normally cannot be presented as part of an appeal.

Most administrative appeal decisions by the hearing examiner can be reviewed directly by the superior court for King County

SOURCE MATERIALS
The hearing examiner bases decisions on adopted King County codes and policies, as supplemented by relevant state statutes and regulations.  In order to participate effectively in a hearing, it is often helpful to become familiar with the laws and policies that govern the decision making process.  The following legal sources frequently govern or affect county hearing examiner proceedings:

King County Code

King County Policies and Rules

• King County Comprehensive Plan, subarea plans and basin plans

• Surface Water Design Manual

• King County Road Standards

• Public Benefit Rating System

State Regulations

• WAC 197-11 SEPA rules

• WAC 173-27 shoreline management

Bulletins and fact sheets published by the King County Department of Development and Environmental Services provide brief descriptions of most county ordinances and regulations that affect land use and development.  Obtain these publications from DDES at 900 Oaksdale Avenue Southwest, Renton, Washington 98055-1219 or telephone (206) 296-6600.

 These King County agencies frequently act as the responsible county agency for proposals or appeals considered by the hearing examiner:

 Agency                                                            Telephone number

 Land Use Services Division                                 (206) 296-6640

Code Enforcement Section                                  (206) 296-6680

Environmental Health Division                              (206) 296-4727

Open Space Section                                           (206) 296-7800

Road Services Division                                        (206) 296-6590

Zoning information                                               (206) 296-6655

For the address, telephone or fax number of any county agency or personnel, call King County information at (206) 296-0100. If you are calling from outside the Seattle local calling area, dial 1-800-325-6165.