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SECTION 5: OPEN PUBLIC HEARING- PROCEDURES <br /> A. No more than one open public hearing shall be provided, except as expressly <br /> provided by state law and this Ordinance. The hearing may be a hearing on whether to <br /> approve a project or an appeal hearing on a project decision and/or an appeal of a SEPA <br /> determination, as provided in this Ordinance. <br /> B. For any open public hearing or open record appeal hearing conducted under this <br /> Ordinance, the following minimum procedures shall be followed: <br /> 1. In quasi-judicial proceedings,the appearance of fairness doctrine, Chapter 42.36 <br /> RCW, shall apply; <br /> 2. The burden of proof is on the applicant or, in the case of an appeal, the appellant; <br /> 3. Staff will make a report and opponents and proponents will be provided an <br /> opportunity to present information; <br /> 4. Presiding Officer/Hearing Examiner may place time limitations on testimony; and <br /> 5. When an appeal is filed by an applicant seeking to modify or eliminate a SEPA or <br /> land use permit condition included in a DNS, EIS, or other SEPA determination <br /> establishing SEPA mitigation requirements or in a final administrative decision, <br /> any citizen who has actively participated in the review of the proposal by <br /> submitting timely written comments during the public comment period shall be <br /> provided an opportunity to testify and/or present information to the Hearing <br /> Examiner regarding the appeal of the SEPA or land use permit condition. <br /> 6. The Hearing Body/Hearing Examiner shall take appropriate action including <br /> approving, conditionally approving, or denying the application in the required <br /> form of a decision or recommendation. In the case of an appeal, appropriate <br /> action shall be taken including affirming,reversing, or remanding. <br /> If the Hearing Body/Hearing Examiner remands the matter to the Director, the <br /> Hearing Body/Hearing Examiner shall specify the additional information he is <br /> requesting from the Director and the hearing shall be continued. The Director in <br /> his sole discretion and in consideration of the time necessary to prepare a <br /> response to the remand and the required content of the response, may require <br /> additional public notice of the continued hearing. Provided, however, a failure to <br /> require additional notice under this subsection shall not be deemed a defect in <br /> public notice. <br /> 76 <br />