1.22.080 Examiner – Powers and Duties.
A. The Examiner shall have the power to appoint Deputy Hearing Examiners subject to confirmation by the Council. The Deputy Hearing Examiners shall assist the Examiner in the performance of the duties conferred upon the Examiner and shall have all the powers and duties of the Examiner.
B. The Examiner shall receive and examine available relevant information, including environmental documents, conduct public hearings, cause preparation of the official record thereof, prepare and enter findings of fact and conclusions of law, and issue final decisions for:
1. Land Use Matters.
a. Applications for zone changes or amendments to the classification of specific parcels of land; provided that area-wide amendments to the Zoning Atlas, amendments to the text of the Zoning Code, community plans, Countywide Comprehensive Plan initiated in whole or part by the County Council, County Departments or Planning Commission are not within the Examiner's jurisdiction.
b. Appeals of decisions or orders of a County Administrative Official under the Site Development Regulations.
c. Applications for preliminary and final plats.
d. Applications for, and major amendments to, Planned Development Districts – PDDs.
e. [Reserved]
f. Applications for Shoreline Variances and Conditional Use Permits pursuant to Title 18S PCC, Development Policies and Regulations – Shorelines.
g. Appeals from any final administrative order or decision of the Planning and Public Works Department related to the administration, interpretation or enforcement of the Pierce County Code.
h. Appeals contesting the approval or denial of short plats and large lot divisions.
i. Applications for, and major amendments to, variances, Conditional Use Permits, planned unit developments, public facility permits, and permits for the alteration, expansion, or replacement of a nonconforming use.
j. Major amendments to preliminary plats.
k. Appeals from the following environmental determinations: Final and revised threshold determinations; determinations of adequacy of final and supplemental environmental impact statements; and the exercise of SEPA substantive authority to condition or deny actions; PROVIDED, SEPA appeals associated with Council actions (e.g. Comprehensive Plan amendments and implementing development regulations) taken consistent with the Growth Management Act (GMA) or Shoreline Management Act (SMA) shall be consolidated with any appeal of the related GMA or SMA legislative action and shall be appealed to the Growth Management Hearings Board and are not within the Examiner's jurisdiction.
l. Petitions for Plat Vacations, Alterations, Time Extensions, Revocations, Modifications, Reclassifications.
m. Appeals of Cease and Desist Orders.
n. Applications for Youth Cabaret licenses.
o. Wetland variances and appeals of any order or decision of the Planning Department under the Pierce County Wetland Management Regulations.
p. Reasonable use exceptions and any order or decision of the Planning Department under the Critical Areas and Natural Resource Lands Regulations.
q. Applications for a request for removal of development moratorium pursuant to Title 18H PCC, Development Regulations – Forest Practices.
r. Appeals of decisions or orders of the Planning Department under Title 18H PCC, Development Regulations – Forest Practices.
s. Any other land use matters assigned by the Council to the Examiner.
t. Appeals of Notices of Violation and Abatement (Public Nuisances) or Notices of Chronic Nuisance properties that allege violations of Pierce County land use regulations, orders, or decisions. (Chapter 8.08 PCC)
2. Non Land Use Matters.
a. Appeals of issuance, denials, revocations, or suspensions of business licenses. (Title 5 PCC)
b. Appeals of potentially dangerous and dangerous animal declarations. (Chapter 6.07 PCC)
c. Appeals of Notice of Violation and Abatement (Public Nuisances) that do not involve violations of land use regulations, orders, or decisions. (Chapter 8.08 PCC)
d. Appeals of a written notice or decision regarding Chronic Nuisance properties that do not involve violations of land use regulations, orders, or decisions. (Chapter 8.09 PCC)
e. Appeals of denials of Solid Waste Handling Facility designations. (Chapter 8.30 PCC)
f. Referrals from City of Tacoma's Human Rights and Human Services Department regarding complaints alleging violations of Fair Housing Regulations. (Chapter 8.68 PCC)
g. Appeals from decisions of County in the administration or enforcement of the Road and Storm Drainage Design and Construction Standards. (Title 17A PCC)
h. Appeals from decisions of the Planning and Public Works Director regarding underground utility installations. (Chapter 1.22 PCC)
i. Sewer Assessment Protests. (Chapter 13.20 PCC)
j. Appeals from administrative decisions or orders of the Building Official or Fire Marshal regarding the Uniform Construction Codes. (Title 17C PCC)
k. Appeals from decisions of the Building and Fire Codes Board of Appeals regarding water mains, fire hydrants, and fire flow standards. (Title 17C PCC)
l. Appeals from any final administrative order or decision related to the administration, interpretation or enforcement of the Pierce County Code.
m. Any other non land use matter assigned by the Council to the Examiner by ordinance.
n. Latecomers Agreement appeals. (PCC 13.10.080)
o. Appeals concerning impact fees for parks, schools and roads. (Title 4A PCC)
C. Discovery. Discovery, including subpoenas, is not allowed except in extraordinary circumstances upon a motion showing a compelling need. In determining the need for discovery and the appropriate scope of discovery, the Examiner shall consider:
1. the availability of evidence by other means;
2. whether undue expense or delay in bringing the case to hearing will result;
3. whether the discovery will promote the orderly and prompt conduct of the proceeding; and
4. whether the interests of justice will be promoted.
D. Subpoena Authority. The Examiner shall have the authority to issue subpoenas compelling the appearance of witnesses and the production of documents.
1. A subpoena issued by the Hearing Examiner 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 in which the subpoena is issued.
2. Each witness subpoenaed by the Hearing Examiner as a witness shall be allowed the same fees and mileage as provided by law to be paid witnesses in courts of record in Washington State.
3. If a person fails to obey a subpoena issued by the Hearing Examiner in an adjudicative proceeding, or obeys the subpoena but refuses to testify or produce documents when requested concerning a matter under examination, the Hearing Examiner or attorney issuing a subpoena may petition the Pierce County District Court for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, shall set forth in what specific manner the subpoena has not been complied with, and shall request an order of the court to compel compliance. Upon such petition, the court shall enter an order directing the person to appear before the court at a time and place fixed in the order to show cause why the person has not obeyed the subpoena or has refused to testify or produce documents. A copy of the court's show cause order shall be served upon the person. If it appears to the court that the subpoena was properly issued, and that the particular questions the person refused to answer or the requests for production of documents were reasonable and relevant, the court shall enter an order that the person appear before the Hearing Examiner at the time and place fixed in the order and testify or produce the required documents, and on failing to obey this order the person shall be dealt with as for contempt of court.
E. Decision of Hearing Examiner. When acting upon any of the above specific applications or appeals, the Examiner shall have the power to attach any reasonable conditions found necessary to make a project compatible with its environment and to carry out the goals and policies of the applicable comprehensive plan, community plan, Shoreline Master Program, or other relevant plan, regulations, Federal or State law, case law or Shorelines Hearings Board decisions. The Hearing Examiner shall consider the recommendations of the applicable Land Use Advisory Commission, the applicant, Planning and Public Works staff, and all other comments and recommendations received as part of the official record.
F. The Examiner shall prescribe rules and regulations for the conduct of public hearings before the Examiner and shall provide a copy of the rules and regulations to the Council and to each County Department. The Examiner's rules may also include, but are not limited to: provisions for the issuance of preliminary decisions in complex cases; authorization for parties to propose draft findings of fact; and criteria for determining "expert witnesses" establishment of prehearing conference procedures; and mediation.