City of Spokane

Spokane Municipal Code

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Title 15
Chapter 15.01
Section 15.01.510
 

Title 15 Environmental Stewardship

Chapter 15.01 Commute Trip Reduction

Article I. Definitions

Section 15.01.510 Appeals
  1. Appeals.

Any affected employer may appeal administrative decisions regarding exemptions, modification of goals, CTR program elements, violations, and penalties to the designated hearing examiner. An appeal must be filed within fifteen working days of the administrative decision. An appeal is filed with the clerk of the board of county commissioners of Spokane County at 1116 West Broadway Avenue, Spokane, Washington, 99260. An appeal must be in writing and specify the decision being appealed as well as the specific basis for the appeal.

  1. Criteria for Appeal.

The designated hearing examiner, upon notification of a timely appeal by the clerk of the board, will evaluate the appeal to determine if the decision is consistent with the CTR law and the CTR guidelines. The examiner may schedule a meeting between the affected employer and the City or its contractor. The decision of the examiner is in writing and sent by certified mail, return receipt requested, to the affected employer.

  1. Appeal to Board of County Commissioners.
    1. Any affected employer may appeal the written decision of the hearing examiner to the board of county commissioners. Appeals must be filed within fifteen working days of the examiner’s written decision with the clerk of the board.
    1. The board of county commissioners considers only testimony and written documentation submitted to the hearing examiner on any matter appealed to the board. No additional evidence is considered by the board.
    1. Upon receipt of an appeal, the board of county commissioners sets a date no later than thirty calendar days at which it will render its written decision on the appeal.
  1. Judicial Appeal.

A decision of the board of county commissioners is final and conclusive unless, within twenty calendar days from the date of the written decision, the employer appeals to the superior court pursuant to RCW 36.32.330.

Date Passed: Tuesday, June 1, 2010

Effective Date: Thursday, July 8, 2010

ORD C34599 Section 64