Req.#8249
RESOLUTION NO. 34935
2 WHEREAS Tacoma Municipal Code Chapter 1.23 provides for Rules of
3 Procedure ("Rules") for the Hearing Examiner, and
4
WHEREAS changes to the Rules for hearings are necessary in order to
5
6 conform them to recent changes in the law, clarify ambiguities, and correct
7 errors; Now, Therefore,
8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA-
9 That the proper officers of the City are hereby authorized to approve the
10 Draft Amendments to the Rules of Procedure for Hearings for the Hearing
I I
Examiner for the purposes hereinabove enumerated, said document to be
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13 substantially in the form of the proposed amendment on file in the office of the
14 City Clerk.
15
16 Adopted OCT 1 7 2000
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18
19 Attest: City Clerk
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21 Approved as to form and legality:
22
23 Assistani 6@y At@drney
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25
26
res8249.doc-KJC/1ad
LEG 004 (11/89)
CITY CLERK USE
REQUEST FOR ORI)INANCE Request#-.
.Mom
OR RESOLUTION Ordinance
Resolution
1. DATE: September 21, 2000
2. REQUESTING DEPARTMENT/DmSION/PROGRAM 3. CONTACT PERSON (for questions): PHONFAXTENSION
HEARING EXAMINER Sue Evans 5196
4. PREPARATION OF RESOLUTION IS REQUESTED FOR THE CITY COUNCIL miEETING OF TUESDAY OCTOBER
17,2000.
5. SUMIN[ARY TITLE/RECOMAUNDATION: (A concise sentence, as it will appear on the Council Agenda)
Request for approval of the Draft Amendents to the Rules of Procedure for Hearings for the Hearing
Examiner.
6. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
requirements? What are the viable alternatives? Who has been involved in the process?)
The changes to the Rules of Procedure for Hearings is necessary to conform the Rules to recent
changes in the law and to clarify ambiguities and to correct errors in the current Rules.
7. FINANCIAL IMPACT: (Future impact on the budget.)
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/13ackup Material Location of Document
Letter to the Honorable Mayor and City Council Attached
Draft Amendments to Rules of Procedure Attached
9. FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & State S city Other S Total Amount
Name:
Cn
If an expenditure, is it budgeted? Yes El No Where? Org wict
10. ATTORNEY CONTACT: (Enter Name of Attorney that you've been working with)
J.-
-4-
Approved as to Availability of Funds
fitimanwr1%
11. DepartmentDirector/Utility 2tioln Approval Director of Finance
GSW,WgrlDommmu 0 Offi- Systemsfl
(01199)
Tacoma City of bcoma
Hearing Examiner
September 21, 2000
Honorable Mayor and Members
of the City Council
City of Tacoma, Washington
RE: Proposed Amendments to Hearing Examiner Rules of Procedure for
Hearings
Attached are proposed amendments to the Hearing Examiner Rules of Procedures for
Hearings. For the most part, the amendments proposed are intended to conform the Rules
to recent changes in the law, to clarify ambiguities, and to correct errors in the current
Rules. The changes proposed to the Rules are summarized below:
I . The proposed changes to Rule 1.04 are to conform the language of
the rule to recently enacted Tacoma Municipal Code (7MC)
13.05.01015 (Ordinance No. 26645) relating to time limits for
issuance of Hearing Examiner's decisions and recommendations.
2. Changes to Rule 1.08.5 address the issuance of subpoenas in
proceedings before the Hearing Examiner and track the language
of 7MC 1.23.105 and further clarify an ambiguity in the referred-to
Code section as to whether an attorney for a party may issue
subpoenas under his or her signature.
3. Proposed amendments to Rule 1. 17 - Termination of Jurisdiction
are intended to allow correction of Hearing Examiner decisions
and recommendations beyond the time period for termination of
jurisdiction.
4. Change in language to Rule 2. 1 0(c) merely corrects an error in the
existing rule.
5. The amendments proposed to Rule 2.20 and 3. 10 reflect the recent
change in the City's Code (Ordinance No. 26645) that now
provides for reconsideration in land use cases.
6. The proposed deletion of "Application for open space current use
assessments" in Rule 3.01 reflects the elimination of such matters
from the jurisdiction of the Hearing Examiner.
747 Market Strect. Room 720 1 Tacoma, Fashion 98402-3768 1 (253) 591-5195 1 Fax (253) 591-2003
City Council
September 21, 2000
Page 2
7. New section 3.06.5 Default is intended to apply the same
provisions applicable to appellants in appeal matters to applicants
and petitioners (moving parties) in pre-decision cases.
Pursuant to IMC 1.23. 100, the City Council is required to adopt the Rules under
which Hearing Examiner proceedings are conducted.
AKE
Hearing Examiner
/ck
Attached: Draft Amendments Rules of Procedure for Hearings
1.04 Computation of Time
In the eempetatien ef any period of time prescribed or- allowed in any mat4er befi3re the
Hearing Examiner-, the day ftem whieh the time per-ied begins te f@un shall net be
included.
When the !ast. day ef the per-ied falls en a weekend er- legal heliday, the per-ied shall pan
until the nex4 werldng day.
Time Computation. In computing any time period set forth in this chapter, the day of the
act or event from which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it is a Saturd4y, a
Sunday, or a legal holiday, in which event the period runs until the end of the ne2q day
which is neither Saturday or Sunday, nor a legal holiday. Legal holidays are described in
RCW 1. 16.050.
1.08.5 Subpoenas (New Section)
As authorized by 7MC 1.23. 100 and. 105, subpoenas may be issued by the Examiner
compelling the appearance of witnesses and the production of documents and may be
served by any person 18 years of age or over, competent to be a witness, but who is not a
party to the matter for which the subpoena is issued. Provided, that a subpoena may be
issued with like effect by the attorney of record of the party to the matter in whose behalf
the witness is required to appear and the form of such subpoena in each case may be the
same as one issued by the Examiner except that it shall only be subscribed by the
signature of such attorney.
Each witness subpoenaed shall be allowed the same fees and mileage as 12rovided by law
to be 12aid witnesses in the courts of records in the state.
Subpoenas issued in the matter before the Examiner may be enforced in the Tacoma
Municipal Court in accordance with 7MC 1.23.105.C.
Note: The foregoing rule in regard to the issuance of subpoenas closely tracks the
language of TMC 1. 23. 1 00 and .1 05, except that it expressly authorizes subpoenas to be
issued by and under signature of attorneys of record in a proceeding. 7MC 1.23,105 is
ambiguous in regard to service and signature by an attorney of record in a matter.
Subsection. 105.A only refers to issuance of a subpoena by the Hearing Examiner-,
however, in Subsection. 105. C it is stated in pertinent part, ". . . The Hearing Examiner or
attorney issuing a subpoena may petition the Tacoma Municipal Court. .
1.17 Termination of Jurisdiction
The jurisdiction of the Examiner terminates upon the end of the period for appealing or
seeking review of the Examiner's decision or recommendation. Until that finle-,
eerfeetiens in the deeisien er- feeemmendatieft may be made by the Examiner- en his er-
her- e en fnetiefl ef a party ef r-eeerd. Notwithstanding the foreszoiM
clerical mistakes in decisions, orders, or recommendations and errors therein arisinp, from
oversight or omission may be corrected by the Examiner at any time on his or her own
motion or on the motion of a patty of record or if such decision, order, or
recommendation is appealed, such mistakes may be so corrected before review is
accepted by the reviewing authqdt .
- _y
2.10 Dismissal Prior to Hearing
(c) The appellant lacks standing to bring the appeal. (See Rule 2-03 2.04)
2.20 Reconsideration
(a) Emeept in eases involving appeals ftem deeisiens ef the Land Use Administrater- er- ef
the Fespensible official under- the State Environmental Peliey Aet, Any party feeling that
the decision of the Examiner is based on errors of procedure, fact or law may make a
written request for reconsideration within 14 calendar days of the issuance of the
Examiner's decision. This request shall set forth the alleged errors, and the Examiner
may, after review of the record, take such further action as is deemed appropriate, which
may include the issuance of a revised decision.
Section 3
RULES FOR PRE-DECISION HEARINGS
3.01 Matters Subject to Pre-Decision Hearings
Pre-decision hearings will be held on the following matters:
(b) Applieatiens fer epen spaee eufT-ent use assessments
(e"b Dangerous sidewalk proceedings
(d)(c) Petitions for street and alley vacations
(e)(d) Applications for preliminary plat approval
In all of these matters, except (OUd , the Examiner makes a recommendation to the City
Council and the Council makes the final decision. The Examiner's decision on a request
for preliminary plat approval is the final decision of the City.
Resolution No. 34935
Adopted: OCT 1 7 2000
Maker of Motion:
Seconded:
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Crowley
Mr. De Forrest L----
Mr.Evans
Mr. Kirby
Dr. McGavick
Mr. Miller
Ms. Moss LI---
Mr. Phelps
Mayor Ebersole
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Crowley
Mr. De Forrest
Mr.Evans
Mr. Kirby
Dr. McGavick
Mr. Miller
Ms. Moss
Mr. Phelps
Mayor Ebersole
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