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EMC Title 15, Local Project Review Procedures Page 59 of 94 <br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024. <br />filing by the city. The city shall notify those interested persons having contacted <br />the city under the final decision. <br />5. Reconsideration. Any aggrieved party of record who has actively participated in the <br />hearing before the hearing examiner may file a written request for reconsideration with <br />the hearing examiner within ten working days after the written decision of the hearing <br />examiner has been rendered. “Actively participated in the hearing before the hearing <br />examiner” means the party has submitted oral or written testimony, excluding persons <br />who have merely signed a petition. This request shall set forth the specified errors of fact <br />and/or law relied upon. The hearing examiner may deny the request in writing or issue a <br />revised decision or reconvene the public hearing. If the hearing is reconvened, notice of <br />said reconvened hearing shall be mailed to all parties of record not less than ten working <br />days prior to the hearing date. The hearing examiner’s written decision shall be rendered <br />within fifteen working days of the conclusion of the reconvened hearing. Notice of the <br />decision shall be provided as specified in subsection (E)(4) of this section. <br />6. Remand from Council. When the city council entertains a recommendation from the <br />hearing examiner, the city council may accept the findings or conclusions of the hearing <br />examiner, remand the recommendation to the hearing examiner or reverse the decision of <br />the hearing examiner. Council’s action shall be based upon the hearing examiner’s record. <br />No new information or evidence may be presented to the city council. After receiving the <br />recommendation following remand, the city council shall either accept the <br />recommendation of the hearing examiner or reverse the decision of the hearing examiner. <br />7. Dismissal—Exhaustion. <br />a. Under a motion filed by the city or a party to the appeal, the hearing examiner may <br />summarily dismiss an appeal or application in whole or in part without hearing when <br />the hearing examiner determines that the appeal or application is untimely, without <br />merit on face, frivolous, beyond the scope of his/her jurisdiction, brought merely to <br />secure a delay or that the applicant/appellant lacks standing. If the hearing examiner <br />issues a dismissal order, the hearing examiner shall explain the reasons for the <br />dismissal. <br />b. If the hearing examiner issues an order requiring the applicant, or any other party <br />to the appeal, to provide additional information within a specified time period, and the <br />party to which the order is directed fails to provide the information by the required