Spokane Municipal Code

Title 17G Administration and Procedures

Chapter 17G.050 Hearing Examiner

Article III. Appeal

Section 17G.050.320 Action on Appeal to Hearing Examiner

1. Upon receiving an administrative appeal, the hearing examiner’s office shall schedule a hearing on the appeal with the appropriate parties within thirty days of the date of the appeal unless the parties agree to extend the appeal date past thirty days.

2. The hearing examiner may affirm, modify, remand or reverse the decision being appealed. In considering the appeal the examiner must act in a manner that is consistent with the criteria for the appropriate category of action being appealed.

3. The original decision being appealed is presumptively correct. The burden of persuasion is upon the appellant to show that the original decision was in error and the relief sought in the appeal should be granted.

4. If the findings of fact upon which the original decision was based are supported by substantial evidence, the hearing examiner must accept those findings. If not, the examiner may modify one or more of the findings as warranted by the evidence, or substitute its own findings, citing the evidence found supporting the substitute findings. In land use cases, if the decision is supported by the findings, but the city council is not satisfied with the results in the particular case, the city council may direct appropriate amendments to the underlying policy or regulatory documents to apply to future applications, but may not modify, remand, or reverse a decision based on such future amendments.

5. If there is not substantial evidence to support the findings upon which the original decision is based, the decision is reversed. The hearing examiner must substitute its own findings which are supported by substantial evidence.

6. If the original decision is not fully supported by the findings, the hearing examiner may:

1. 1. examine the evidence to determine whether additional findings could be supported, make those additional findings and then review the original decision;

1. 2. examine the evidence to determine whether additional findings could be supported, and if so, remand the matter for further findings and a new decision; or

1. 3. make such decision as is supported by the findings.

7. If, in the judgment of the hearing examiner, a party can provide new evidence not available at the time of the original decision which would more likely than not change the decision, the examiner remands the matter back for reconsideration.

8. If a substantial procedural error has taken place which has adversely affected the rights of an appellant, the hearing examiner may remand the matter for further proceedings.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33578 Section 3