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• <br /> 2. At least ten(10) calendar days prior to the date of the scheduled hearing before the <br /> Examiner, City staff shall file with the office of the Hearing Examiner and provide the <br /> appellant with a staff report responding to the appellant's memorandum concerning the <br /> appeal; and <br /> 3. At least five (5) calendar days prior to the date of the scheduled hearing before the <br /> Hearing Examiner, the appellant shall file with the office of the Hearing Examiner any <br /> reply memorandum which the appellant desires to file. The scope of the reply <br /> memorandum shall be restricted to responding to issues raised in the staff report. <br /> Failure to comply with the requirements of this ordinance may result in the Hearing <br /> Examiner taking such action in regard to the failure as is appropriate including, but not <br /> limited to, continuing the hearing, postponing the hearing or limiting testimony at the <br /> hearing. <br /> SECTION 7: RULES - PROCEDURES <br /> A. The Director is authorized to promulgate rules for the implementation and <br /> administration of this Ordinance. <br /> B. For any open record hearing or open record appeal hearing conducted pursuant to <br /> this 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. The Hearing Body/Hearing Examiner shall approve, conditionally approve or deny <br /> the application in the required form of a decision or recommendation. In the case <br /> of an appeal, it shall be affirmed, reversed or remanded. <br /> SECTION 8: SAVINGS <br /> The enactment of this ordinance shall not affect any case, proceeding, appeal, or other <br /> matter pending before the City, Hearing Examiner or in any court nor in any way abate, <br /> bar of modify any action, proceeding, right or liability, civil or criminal, which may be in <br /> existence on the effective date of this ordinance. <br /> Interim Administrative Procedures Ordinance 19 <br /> ESHB 1724 <br />