A. Office – Created. There is created the Office of the Parking Administrative Hearing Examiner of the City.
B. Office – Part-Time – Remuneration. The Office of the Hearing Examiner shall be part-time and remunerated by personal service contract.
C. Appointment. The Hearing Examiner shall be appointed by the Mayor.
D. Jurisdiction. The Hearing Examiner will be responsible for presiding over all hearings required by this chapter as well as other additional administrative matters over which he/she may be requested to preside.
E. Powers. The Hearing Examiner shall have the power to:
1. Administer oaths and affirmations, examine witnesses and receive evidence;
2. Issue subpoenas upon the request of any party. The City Treasurer, his/her designated agent, the City Attorney and the attorney of record are also authorized to issue subpoenas. When so required, the applicant for the subpoena shall show to the satisfaction of said individual the general relevance and reasonable scope of the evidence sought;
3. Rule on offers of proof and receive relevant evidence;
4. Regulate the course of the hearing, including imposition of penalties for disruption of the orderly process or refusal to comply with lawful orders of the Hearing Examiner;
5. Hold conferences for the settlement or simplification of the issues by consent of the parties;
6. Make decisions which can be incorporated into findings of fact, conclusions of law and order of the Hearing Examiner and enter orders of default and consent orders;
7. Appoint a pro-tem to act in the Hearing Examiner’s absence; and
8. Establish rules and procedures to conduct hearings consistent herewith.
F. Contested Cases. In contested cases:
1. The Hearing Examiner may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The Hearing Examiner shall give effect to the rules of privilege recognized by law. The Hearing Examiner may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
2. All evidence including, but not limited to, records and documents in the possession of the Hearing Examiner of which he/she desires to avail himself/herself shall be offered and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.
3. Every party shall have the right of cross examination of witnesses who testify and shall have the right to submit rebuttal evidence.
4. The Hearing Examiner may take notice of judicially cognizable facts.
G. Notice to be Given. The Hearing Examiner shall see that interested parties are given proper notice of hearings.
H. Judicial Review.
1. Any person, including the City, aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, is entitled to review thereof in the Snohomish County superior court.
2. Proceedings for review under this chapter shall be instituted by filing a petition in superior court. All petitions shall be filed within thirty (30) days after the final decision of the Hearing Examiner. Copies of the petition shall be served on the Mayor as in civil actions.
3. The filing of the petition shall not stay enforcement of the Hearing Examiner’s decision except by order of the court and on posting of a bond to be determined by the court naming the City as beneficiary.
4. The review shall be conducted by the court without a jury. The review shall be de novo unless provided otherwise by ordinance.
5. The court may affirm the decision of the Hearing Examiner or remand the case for further proceedings; or it may reverse the decision if the substantial rights of the petitioners may have been prejudiced because the administrative findings, interferences, conclusions or decisions are:
a. In violation of constitutional provisions; or