Spokane Municipal Code

Title 17G Administration and Procedures

Chapter 17G.050 Hearing Examiner

Article III. Appeal

Section 17G.050.340 Rules of Procedure for Appeals to the City Council

To the extent not in conflict with this chapter, the Spokane City Council Rules of Procedure apply to appeals from decisions of the hearing examiner.

1. Unless appealed, the city council adopts by ordinance the recommendations of the hearing examiner on proposed quasi-judicial actions. In the absence of an appeal the city council may not hold a public hearing or take public testimony prior to adopting an ordinance giving effect to a hearing examiner recommendation. The city council may not consider any quasi-judicial action without recommendations from the hearing examiner.

2. Within fourteen days after receiving an appeal of a decision of the hearing examiner, the hearing examiner begins preparation of a written transcript, or portion of the transcript agreed upon. The cost of the transcript must be paid by the appellant within five days of receipt of the hearing examiner’s statement for the cost. If the statement is not paid, the appeal is dismissed. Upon payment of the statement the hearing examiner delivers a copy of the appeal, transcript and other record of the hearing to the city clerk with a request that a date for consideration be set by the city council. Copies of the record, to the extent practicable, are furnished by the city clerk to all members of the city council, the planning director, the appellant and the applicant. At the next regular meeting of the city council following receipt of the record from the hearing examiner, the city council decides whether to conduct a closed record hearing before acting on the appeal. If a hearing is to be conducted, the city council schedules it.

3. Supplemental Documents.

1. 1. The parties to the appeal may file memoranda regarding the appeal. Such memoranda must be filed by the agenda deadline for the meeting preceding the meeting set for consideration of the appeal.

1. 2. Any replies to the memoranda must be filed by the agenda deadline for the meeting set for consideration of the appeal.

1. 3. The city clerk distributes such memoranda and responsive documents to all parties to the appeal, the city council, the city attorney, the planning director and the hearing examiner.

1. 4. Neither memoranda nor responses may contain any new facts or evidence or discuss matters outside the record. They are limited to stating why the record does or does not support the decision.

4. At the hearing on the appeal, the following rules apply:

1. 1. Oral argument on appeal is limited to parties of record.

1. 2. Oral argument on appeal is limited to thirty minutes per side. If there is more than one appellant or more than one person wishing to present oral argument on appeal, the total time allowed to all such persons is thirty minutes. Any time reserved for rebuttal or surrebuttal is deducted from the time allowed for opening argument. Time taken to respond to questions from the city council is not deducted from the time allowed for argument.

1. 3. Argument is presented first by the appellant in support of the appeal followed by the respondent in opposition to the appeal.

1. 4. No new evidence may be presented during oral argument. Matters found by the hearing examiner to be facts in the record are presumed to be true and accurate. Oral argument is limited to stating why the record does or does not support the decision.

5. The city council may not consider any new facts or evidence on appeal. The city council’s review of appeals is limited to the record prepared by the hearing examiner, including the verbatim transcript of the hearing, the written appeal, memoranda submitted and, if permitted, oral arguments presented in accordance with the requirements of this section. Closed record appeals before the city council must be concluded within ninety days of the date the appeal is filed unless all parties agree to a longer period.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33578 Section 3

Section 17G.050.340 Rules of Procedure for Appeals to the City Council

To the extent not in conflict with this chapter, the Spokane City Council Rules of Procedure apply to appeals from decisions of the hearing examiner.

1. Unless appealed, the city council adopts by ordinance the recommendations of the hearing examiner on proposed quasi-judicial actions. In the absence of an appeal the city council may not hold a public hearing or take public testimony prior to adopting an ordinance giving effect to a hearing examiner recommendation. The city council may not consider any quasi-judicial action without recommendations from the hearing examiner.

2. Within fourteen days after receiving an appeal of a decision of the hearing examiner, the hearing examiner begins preparation of a written transcript, or portion of the transcript agreed upon. The cost of the transcript must be paid by the appellant within five days of receipt of the hearing examiner’s statement for the cost. If the statement is not paid, the appeal is dismissed. Upon payment of the statement the hearing examiner delivers a copy of the appeal, transcript and other record of the hearing to the city clerk with a request that a date for consideration be set by the city council. Copies of the record, to the extent practicable, are furnished by the city clerk to all members of the city council, the planning director, the appellant and the applicant. At the next regular meeting of the city council following receipt of the record from the hearing examiner, the city council decides whether to conduct a closed record hearing before acting on the appeal. If a hearing is to be conducted, the city council schedules it.

3. Supplemental Documents.

1. 1. The parties to the appeal may file memoranda regarding the appeal. Such memoranda must be filed by the agenda deadline for the meeting preceding the meeting set for consideration of the appeal.

1. 2. Any replies to the memoranda must be filed by the agenda deadline for the meeting set for consideration of the appeal.

1. 3. The city clerk distributes such memoranda and responsive documents to all parties to the appeal, the city council, the city attorney, the planning director and the hearing examiner.

1. 4. Neither memoranda nor responses may contain any new facts or evidence or discuss matters outside the record. They are limited to stating why the record does or does not support the decision.

4. At the hearing on the appeal, the following rules apply:

1. 1. Oral argument on appeal is limited to parties of record.

1. 2. Oral argument on appeal is limited to thirty minutes per side. If there is more than one appellant or more than one person wishing to present oral argument on appeal, the total time allowed to all such persons is thirty minutes. Any time reserved for rebuttal or surrebuttal is deducted from the time allowed for opening argument. Time taken to respond to questions from the city council is not deducted from the time allowed for argument.

1. 3. Argument is presented first by the appellant in support of the appeal followed by the respondent in opposition to the appeal.

1. 4. No new evidence may be presented during oral argument. Matters found by the hearing examiner to be facts in the record are presumed to be true and accurate. Oral argument is limited to stating why the record does or does not support the decision.

5. The city council may not consider any new facts or evidence on appeal. The city council’s review of appeals is limited to the record prepared by the hearing examiner, including the verbatim transcript of the hearing, the written appeal, memoranda submitted and, if permitted, oral arguments presented in accordance with the requirements of this section. Closed record appeals before the city council must be concluded within ninety days of the date the appeal is filed unless all parties agree to a longer period.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33578 Section 3