A. General. Step two shall be a hearing conducted by a Hearing Examiner. Step two shall follow step one of this appeal procedure if the appellant is dissatisfied with the step one decision.
B. Initiation of Step Two. The appellant shall initiate the step two appeal procedure by submitting a fully completed request for appeal on forms supplied and prescribed by the Health Officer. Such request may be delivered to the responsible Snohomish Health District Office (Attention: Division Director) or sent by registered mail within 21 days after the date the step one decision was rendered.
C. Fee Required. The request for the step two appeal procedure shall be accompanied by payment of a fee as established by the Board of Health in the fee schedule.
D. Hearing Examiner.
1. Selection. The Health Officer shall appoint a Hearing Examiner from one of the following: (a) any Hearing Examiner employed or retained by Snohomish County; (b) any Hearing Examiner employed or retained by any city or town within Snohomish County; (c) any attorney who has served as a judge pro tem; (d) any other individual who possesses qualifications to serve as Hearing Examiner and who has been approved by the Board of Health.
2. Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties required and will have such experience and training as to qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge such other functions conferred upon them. Hearing Examiners will not be current or past employees or consultants for Snohomish Health District.
3. Discontinuation of Services. The service of any Examiner employed or retained by the Health District may be discontinued by action of the Board of Health.
4. Freedom from Improper Influence. No person, including Health District employees and/or members of the Board of Health, shall attempt to influence a Hearing Examiner in any matter pending before the Examiner, except at a public hearing duly called for such purpose, or to interfere with an Examiner in the performance of his/her duties in any way; provided, that this section shall not prohibit the Health District’s attorneys from rendering legal service to the Examiner nor shall it prohibit Snohomish Health District staff from providing support services to the Examiner upon request.
5. Conflict of Interest. No Examiner shall conduct or participate in any hearing, decision or recommendation in which the Examiner has a direct or indirect substantial financial or familial interest or concerning which the Examiner has had substantial pre-hearing contacts with proponents or opponents. Nor, on appeal from an Examiner decision, shall any member of the Board of Health who has such an interest or has had such contact participate in consideration thereof.
6. Hearing Rules – Procedures. The Board of Health shall adopt rules for the conduct of hearings and other procedural matters related to the duties of Hearing Examiners. In adopting such rules and procedures, the Board shall take into consideration recommendations of persons serving as Hearing Examiners.
7. Powers and Duties. The Hearing Examiner shall receive and examine available information, conduct hearings, prepare records thereof, and enter decisions on step two appeal procedures. The Hearing Examiner shall have no authority to authorize the issuance of a permit contrary to the laws of the state of Washington, Washington Administrative Code (WAC), the Sanitary Code of Snohomish Health District, Chapter 70.160 RCW, or applicable local rules and regulations of the Board of Health of the Snohomish Health District.
E. Step Two Hearing.
1. Scheduling. The Health Officer shall, upon receiving a request from an appellant for a step two hearing, appoint a Hearing Examiner and schedule such hearing within a reasonable time after receipt of their request for appeal. Appellant shall receive written notice of the time and place of the hearing not fewer than 21 days prior to the date of the hearing.
2. Notice. Notice of the time and place of the public hearing will be sent by certified mail to the appellant by the Health Officer.
3. Information for Hearing Examiner. Health District staff shall coordinate and assemble a factual statement with attached relevant documentation, along with the position statement of the Health District staff relative to said appeal, all to be delivered or mailed by certified mail to the Hearing Examiner and the appellant not fewer than 14 days prior to the scheduled hearing.
4. Information – Documentation – Admission by Appellant. Appellant shall assemble and submit any factual statement and copies of all documents or exhibits which appellant intends to submit at said hearing, together with appellant’s position statement to the Hearing Examiner and to the Snohomish Health District not fewer than seven days prior to the scheduled hearing. To the extent that the factual statement and/or documentation would be repetitious with the submission of the Health District staff, appellant shall not resubmit such factual statements or documentation unless necessary for the continuity of appellant’s position statement. Furthermore, the statement from appellant shall:
a. Identify those factual statements made by the Health District which are accepted by appellant as facts.
b. Identify and attach all documents or exhibits appellant intends to submit and/or reference at such hearing.
c. Identify all errors asserted by appellant to have been made by the Health District.
d. Identify all witnesses intended to be called and a summary of the fact or opinions each is expected to testify to at such hearing. The failure to disclose such witnesses and/or a summary of expected testimony shall be a basis to bar such witness testimony at the hearing.
5. Burden of Proof. Except in the case of the revocation or suspension of a license or permit, the appellant shall have the burden of proof.
6. Conduct of Public Hearing. The Examiner shall conduct the public hearing following the general rules and procedures which have been adopted by the Board of Health as per subsection (D)(6) of this section.
7. Examiner’s Decision. Unless a longer period is agreed to in writing or verbally on the record at the public hearing by the appellant, within 15 days of the conclusion of a hearing the Examiner shall render a written decision which shall include at least the following:
a. Findings based upon the record and conclusions therefrom which support the decision. Such findings and conclusions shall also set forth the manner by which the decision would conform to the applicable regulations.
b. A decision on the appeal which may be to grant, grant in part, return to the appellant for modification, deny or grant with such conditions, modifications, restrictions as the Examiner finds necessary to comply with the applicable regulations.
c. A statement which indicates the procedure for appealing the Examiner’s decision. The Examiner’s decision shall be mailed to the appellant, the Health Officer, and any other person who specifically requested notice of the decision by signing a register provided for such purpose at the hearing. [Res. 11-35, Eff. 12/13/11. Res. 97-02, Eff. 01/14/97. Res. 96-27, Eff. 12/17/96. Res. 95-16, Eff. 05/09/95. Res. 93-32, Eff. 11/09/93. Prior code § 1.9.7].