3052 Hearing Examiner SystemORDINANCE NO. 3052
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, CREATING A NEW CHAPTER 2.88
TITLED “HEARING EXAMINER SYSTEM” OF THE
MOSES LAKE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Creation. Moses Lake Municipal Code Chapter 2.88 titled “Hearing Examiner System”
is hereby created to read as follows:
CHAPTER 2.88
HEARING EXAMINER SYSTEM
Sections:
2.88.010 Purpose.
2.88.020 Creation of Hearing Examiner.
2.88.030 Delegation of Authority.
2.88.040 Appointment.
2.88.050 Qualifications.
2.88.060 Freedom from Improper Influence.
2.88.070 Conflict of Interest.
2.88.080 Rules.
2.88.010 Purpose. The purpose of this chapter is to establish a system of applying land use and other
regulatory controls which will best satisfy the following basic needs:
A. To separate the land use regulatory function from the land use planning process;
B. To ensure procedural due process and appearance of fairness in land use and other
regulatory and enforcement hearings; and
C. To provide an efficient and effective land use and other regulatory system which
integrates the public hearing and decision-making processes for land use and other
regulatory and enforcement matters.
2.88.020 Creation of Hearing Examiner. Pursuant to Article XI, Section 11 of the Washington State
Constitution, RCW 35A.63.170 and 58.17.330, the office of the City of Moses Lake hearing
examiner is created. The Moses Lake Municipal Code may refer to the office of the City of
Moses Lake hearing examiner as a “hearing examiner,” “hearings examiner,” or
“examiner.” The hearing examiner shall interpret, review, and implement land use or other
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regulations and policies as provided in this chapter or by other ordinances, including the
enforcement provisions of MLMC Title 15.
2.88.030 Delegation of Authority. The City Council delegates all necessary and proper authority to
the hearing examiner to hear and decide matters within the jurisdiction of the hearing
examiner established pursuant to state law and this municipal code. This authority expressly
does not include the authority to determine constitutional questions or to consider equitable
issues.
2.88.040 Appointment. The hearing examiner is appointed by and serves at the pleasure of the City
Manager. Alternatively, the City Manager may contract for hearing examiner services, and
may appoint one or more hearing examiners pro tem to serve in the event of the absence or
the disability of the hearing examiner, including in the event of a conflict of interest.
2.88.050 Qualifications. The hearing examiner, and any hearing examiner pro tem, shall be licensed
to practice law in the State of Washington. The hearing examiner shall hold no other
appointive or elective public office or position in the city government except as herein
provided.
2.88.060 Freedom from Improper Influence. No person, including city officials, elective or
appointive, shall attempt to influence a hearing examiner in any matter pending before him
or her, except at a public hearing duly called for such purposes, or to interfere with any
hearing examiner in the performance of his or her duties in any other way; provided, that
this section shall not prohibit the city attorney from rendering legal services to the hearing
examiner upon request or prohibit other persons or officials from responding in writing to
requests for information from the hearing examiner.
2.88.070 Conflict of Interest. The hearing examiner shall recuse him or herself from any matter if
he or she believes his or her review of the matter would represent a conflict of interest or
violate the appearance of fairness doctrine as set forth herein.
A. The hearing examiner shall not conduct or participate in any hearing, decision, or
recommendation in which they have:
1. A direct or indirect personal interest;
2. A beneficial interest, directly or indirectly, in any aspect of the matter on which he
or she is called upon to issues a decision; or
3. A direct or indirect familial interest which might influence or interfere with the
Hearing examiner’s decision-making process or give rise to a violation of the
appearance of fairness doctrine as codified in Chapter 42.36 RCW, as written or
hereafter amended, and as established in the common law.
B. The hearing examiner shall disclose matters involving ex parte contacts, conflicts of
interest, or appearance of fairness issues prior to or at the beginning of any matter, or
immediately upon becoming aware of the need for such disclosure.
C. In the event the hearing examiner recuses his or herself, a hearing examiner pro tem will
be appointed.
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2.88.080 Rules. The hearing examiner shall have the power to prescribe rules for the scheduling and
conduct of hearings and other procedural matters related to the duties of his or her office
subject to prior approval by the City Council.
Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. If
any clause, sentence, paragraph, subdivision, section, subsection or portion of this ordinance, or the
application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons or circumstances.
Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage
and publication of its summary as provided by law.
ADOPTED by the City Council of the City of Moses Lake, Washington and signed by its Mayor
on September 24, 2024.
________________________________________
Dustin Swartz, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Debbie Burke, City Clerk Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote: Aye Aye Aye Aye Aye Aye Aye
Date Published: September 30, 2024
Date Effective: October 5, 2024
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Signature Certificate
Reference number: QFW3C-JGDH6-UTTE4-TODUS
Document completed by all parties on:
03 Oct 2024 17:18:29 UTC
Page 1 of 1
Signer Timestamp Signature
Mayor Dustin Swartz
Email: dswartz@cityofml.com
Recipient Verification:
Sent:25 Sep 2024 21:08:58 UTC
Viewed:25 Sep 2024 21:12:55 UTC
Signed:25 Sep 2024 21:13:18 UTC
✔Email verified 25 Sep 2024 21:12:55 UTC
IP address: 74.82.240.250
Location: Moses Lake, United States
Katherine Kenison
Email: kkenison@basinlaw.com
Recipient Verification:
Sent:25 Sep 2024 21:08:58 UTC
Viewed:26 Sep 2024 15:50:47 UTC
Signed:26 Sep 2024 15:51:26 UTC
✔Email verified 26 Sep 2024 15:50:47 UTC IP address: 157.96.188.252
Debbie Burke
Email: dburke@cityofml.com
Recipient Verification:
Sent:25 Sep 2024 21:08:58 UTC
Viewed:03 Oct 2024 17:18:16 UTC
Signed:03 Oct 2024 17:18:29 UTC
✔Email verified 03 Oct 2024 17:18:16 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
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