Laserfiche WebLink
61 <br /> <br /> 4. Default. If a party fails to attend or participate in any stage of a hearing, <br />the presiding officer may serve upon all parties a default or other <br />dispositive order, which shall include a statement of grounds for the <br />order. Within seven (7) calendar days after service of a default order, the <br />party against whom it was entered may file a written motion requesting <br />that the order be vacated, stating the grounds for the motion. If the party <br />against whom the default order is entered fails to timely file a motion to <br />vacate or the motion to vacate is not granted, the default order will be <br />the final decision of the City. <br /> <br /> 5. Burden of proof. The appellant shall have the burden of proof by a <br />preponderance of the evidence. <br /> <br /> C. Appeal Conclusion. <br /> <br /> After the conclusion of the hearing, the hearing examiner shall determine if the <br />disputed action was proper, and shall approve, modify, or rescind the disputed <br />action. The final determination of the hearing examiner shall be in writing, and <br />all parties shall be provided a copy of the final determination within ten (10) <br />days (or such longer time as the hearing examiner may determine in writing). <br />This decision will include findings of fact that are supported by and based on the <br />record. These findings will be entitled to deference on any judicial review. <br /> <br /> D. Judicial Review of Appeal. <br /> <br /> 1. Any party, including the City, the Washington State Department of <br />Ecology, the United States Environmental Protection Agency, or the <br />user/appellant, is entitled to review of the final determination of the <br />hearing examiner in the Snohomish County Superior Court. Provided, that <br />any petition for review shall be filed no later than thirty (30) calendar <br />days after date of the final determination. <br /> <br /> 2. Copies of the petition for review shall be served as in all civil actions. <br /> <br /> 3. The filing of the petition shall not stay enforcement of the final <br />determination except by order of the superior court and on posting of a <br />bond to be determined by the court naming the City as beneficiary. <br /> <br /> 4. The review shall be conducted by the court without a jury. The record <br />shall be satisfied by a narrative report certified by the hearing examiner <br />and no verbatim record of proceedings before the hearing examiner shall <br />be required to be presented to the superior court. <br /> <br /> 5. The court may affirm the final determination or remand the matter for