County code authorizes the Hearing Examiner to adopt Rules of Procedure. When the Hearing Examiner amends the Rules, the Hearing Examiner must notify County Council. County code does not require approval or any action by Council prior to the effectiveness of the amendment. County Council may take no action, modify the amendment, or veto the amendment. If Council modifies or vetoes the amendment, the Hearing Examiner must incorporate Council's changes or veto in the Rules of Procedure within ten days of Council action. SCC 2.02.090 (2013).
The Hearing Examiner amends Rules of Procedure 1.8 (Notice Requirements) and 3.3 (Motions), effective July 1, 2021.
The Office of Hearings Administration published the proposed amendments on its county web page and solicited comments from attorneys who appeared before the Hearing Examiner during the last two years. The Office received one comment before the comment period closed on May 6, 2021.
Rule 1.8 The amendment to Rule 1.8 establishes electronic delivery as the default mode for service. A party may opt-out of electronic delivery by notifying the Office of Hearings Administration. The Office received no comments regarding this proposed amendment.
Rule 3.3 The amendments to Rule 3.3 provide for standard periods for responding and replying to motions to dismiss or for summary judgment. The current rule does not identify when responses and replies must be filed. In addition, the current rule allows dispositive motions to be filed on the eve of a hearing, potentially wasting time and effort of principal parties and the Office of Hearings Administration in preparing for the hearing. The amendment establishes dates for filing dispositive motions, responses, and replies and a cut-off date before the open record hearing.
Many appellants, especially in code enforcement and animal control appeals, are not represented by lawyers and are unfamiliar with reading rules of procedure. The amendment requires the movant (typically either the ...
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