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1. WHAT IS THE HEARING EXAMINER’S ROLE?

The Hearing Examiner is an attorney appointed by the Board of County Commissioners to hear and decide land use cases, and other types of quasi-judicial matters. The basic functions of the Hearing Examiner are similar to those of a judge. The terms “administrative law judge” and “administrative hearings officer” are other titles used for this kind of position. The Hearing Examiner acts as a neutral decision-maker. The powers and duties of the Hearing Examiner are set forth in the Hearing Examiner Ordinance. See County Resolution No. 96-0171 and Chapter 1.46 of County Code.

2. WHERE AND WHEN WILL THE LAND USE HEARING BE HELD?

The hearing will be held at the time and place stated in the notice of hearing, unless continued by the Hearing Examiner. The notice of hearing is sent to potentially interested parties and publicized in accordance with the procedures stated in the County Code. In addition, each notice of hearing is posted on the Hearing Examiner's home page, under the link entitled "Agenda Center". Clicking on this link will allow you to view or print a copy of any posted notice of hearing.

The notice of hearing should be consulted to ensure that you obtain accurate information about the time and place for an upcoming hearing. If there are questions about the schedule or location for a hearing, you can also call the Hearing Examiner's office for more information.

3. WHAT IS THE PROCESS FOR CONDUCTING A LAND USE HEARING?

Land use hearings conducted by the Hearing Examiner are guided by the Hearing Examiner Rules of Procedure, adopted by County Resolution No. 96-0294. In a land use application hearing, the Hearing Examiner holds a public hearing to receive information and evidence both in favor of or opposed to the application. These hearings provide the public with an opportunity to provide testimony and comment on a proposal, and to obtain responses to questions about a proposal.

The hearing procedure for a land use application will typically be as follows:

1. Introduction of hearing by Hearing Examiner.
2. Report of County Department.
3. Presentation by Applicant.
4. Testimony of Public concerning the application (for or against).
5. Rebuttal, if any, by Applicant and County Department.
6. Final arguments (optional).
7. Adjournment of the hearing.

All hearings are open to the public. Except in appeal hearings, any member of the public may participate. In appeal hearings, participation is generally limited to the witnesses called by the parties to the appeal, and the appealing party will make their presentation before the applicant.

Testimony will usually be taken under oath. An electronic recording is made of the hearing proceedings, a copy of which may be obtained by request or used to produce transcripts for the appellate body on appeal. To be heard on the recording, each person must speak into the microphone. When first testifying, please spell your last name and provide your mailing address for the record. When speaking again, simply provide your name.

Testimony at public hearings is less formal than in a court proceeding. The cross-examination of witnesses is usually allowed on expert testimony or key evidentiary points. To communicate most effectively:
• Testify or submit written evidence on specific project issues.
• Focus on how the project does or does not meet applicable standards or codes.
• Offer alternatives.

Presenting information directly and succinctly, and avoiding repetition, is preferred. Written statements and reports, and visual aids may be used. If agreeing with testimony previously given, a brief statement of support is preferred over a restatement of the testimony. If you have a power point or numerous exhibits to present, please contact the Hearing Examiner's staff assistant on how to use audio visual equipment in the hearing room and to premark exhibits.

4. HOW LONG WILL THE LAND USE HEARING LAST?

The length of a public hearing depends on the complexity of the issues involved and the number of participants. There is no predetermined minimum or maximum length for a public hearing. A public hearing will usually take at least one hour to complete and will usually be completed in 1-3 hours. If there are a large number of witnesses and significant opposition to a proposal, a public hearing can take a day or more to complete. In rare cases, the hearing can take place over multiple days.

5. WHEN WILL THE LAND USE DECISION BE ISSUED?

No oral decision is made at the land use hearing. After the hearing is concluded and the record is closed, the Hearing Examiner considers the matter further and then prepares a written decision. The Hearing Examiner's decision is issued in the form of findings of fact, conclusions of law, and a decision on the application or appeal. The decision approving a land use application will include conditions of approval.

The time frame for the issuance of the Hearing Examiner's decision depends upon the complexity of the decision being made, the size of the record, and other matters the Hearing Examiner may be working on. In the majority of cases, the Hearing Examiner's decision will be issued within ten working days after the conclusion of the public hearing, pursuant to the County Code. If the Hearing Examiner decides to hold the record open for a period of time after the conclusion of the hearing to receive additional evidence, documentation or arguments, the Examiner's decision will usually be issued within ten working days of the closure of the record.

6. WHO RECEIVES A COPY OF THE LAND USE DECISION?

The land use decision will be mailed to the appellant/applicant, parties of record, and any person who specifically requests a copy of the decision. Parties of record include all persons who submitted written comments on the matter before or during the hearing, and anyone who attended the hearing and testified on the matter. Parties that testify will be asked to state their mailing address for notice purposes at the time testimony is offered. In addition, there is a sign-in sheet at each public hearing that includes a space for contact information, for both participants and observers. When written comments are submitted, contact information should be included in the comments for notice purposes. Parties who do not provide the Hearing Examiner with an accurate and legible mailing address will not receive a copy of the decision. A courtesy copy of the decision can also be provided by email, upon request. Copies of Hearing Examiner decisions are also available online on the Hearing Examiner's home page.

7. HOW DO I APPEAL THE LAND USE DECISION IF I AM NOT SATISFIED?

The Hearing Examiner's decision on a land use application or appeal is a final decision, unless a timely and proper appeal is filed.

At the end of the decision, after the Hearing Examiner's signature, there is a paragraph that states the deadline to file an appeal and who to file the appeal with. Most land use decisions of the Hearing Examiner are appealable to Spokane County Superior Court. A limited number of decisions are subject to appeal to the Board of County Commissioners or the State Shoreline Hearings Board. It is the responsibility of the appealing party to review the applicable procedures (statutes, local ordinances, administrative regulations, etc.) to ensure that the appeal is timely and properly filed. The appealing party may wish to consult with an experienced attorney for guidance. The Hearing Examiner's office cannot provide legal advice.

8. WHO CAN ANSWER QUESTIONS IF I AM NOT SURE WHAT TO DO?

The Hearing Examiner's office can answer procedural questions, explain the process, and describe how hearings are usually run and what to expect. The Hearing Examiner's office cannot assist with, or give advice on how to put together your presentation, what questions to ask witnesses, whom to select as a witness, whether to get a lawyer to help, or handle similar questions; because providing such advice or assistance could be interpreted as advocating for your position or giving legal advice.

During a hearing, you can raise procedural questions before the Hearing Examiner. Before and after a hearing, such questions should be submitted to the Hearing Examiner's staff, rather than directly to the Hearing Examiner. This is necessary to avoid violating the prohibition on communicating with the Hearing Examiner outside the actual hearing. Such communications are referred to as "ex parte contacts" and are prohibited by law. Please see County Resolution No. 96-0294.

9. WHAT OTHER MATTERS ARE HEARD BY THE HEARING EXAMINER?

The Hearing Examiner is authorized to conduct hearings on dangerous dog/potentially dangerous dog declarations issued by the Spokane County Regional Animal Protection Agency (SCRAPS) under Chapter 5.04 of the County Code, and make recommendations to the Board of County Commissioners for a final decision.

The Hearing Examiner is appointed by the Spokane County Sheriff as a hearing officer to hear and decide drug forfeiture claims under the Uniform Controlled Substances Act.