We have all heard about the issues and there appears to be some conflicting information on what a hearing examiner can and cannot do. A recent article suggested that the use of a hearing examiner would eliminate public participation. So we pose our first question to the City based on this articles heading:
Envision This: A politically appointed adjudicator with authority to render decisions on local land-use proposals without public participation.
Question: Does the hearing examiner system on quasi-judicial matters eliminate public participation, as suggest by the articles heading?
City Response: The hearing examiner system does not eliminate the public’s right to participate in the process, either in writing or by testifying in person at a public hearing. In fact, it is very similar to the existing system. Under both the current and hearing examiner system, here is how the process generally works.
Current System & Hearing Examiner System
An application is submitted to Planning, Community and Economic Development (PCED) and a determination of completeness is issued by staff.
A notice of application is distributed as required by code. The public is invited to comment on the application.
Once the comment period is over, a State Environmental Policy Act (SEPA) threshold determination is issued (if required). Public notice of the SEPA determination and Public Hearing is distributed as required by code. Again, the public is invited to comment during the SEPA comment period.
Current System
An open-record public hearing is held before the Planning Commission. The Planning Commission receives copies of all project related documents, including all public comments received. The public is provided an
opportunity to testify at the public hearing.
After the public hearing has been closed, the Planning Commission issues a recommendation on the project to the City Council.
Appeals of the Planning Commission recommendation can be made to the City Council. The City Council decides any appeals of the recommendation and renders a decision on the application.
Hearing Examiner
An open-record public hearing is held before the Hearing Examiner. The Hearing Examiner receives copies of all project-related documents, including all public comments received. The public is provided an opportunity to testify at the public hearing.
After the public hearing has been closed, the Hearing Examiner issues a final decision on the project.
Appeals of the Hearing Examiner decision can be made to the City Council. The City Council then decides any appeals of the decision.
Current System & Hearing Examiner
Appeals of the City Council decision can be appealed to Superior Court.
Republished by permission from February 2011 issue of the Anacortes Chamber's newsletter.