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8.2 Content of Recommendations and Decisions <br /> A recommendation or decision shall include a statement of: <br /> a. The nature and background of the proceeding. <br /> b. Findings of fact. The findings shall include not only the <br /> findings of the ultimate facts but also the basic facts <br /> leading up to the ultimate question. The findings shall be <br /> based exclusively on the evidence presented in the <br /> hearing and those matters officially noticed. The <br /> findings of fact shall consist of a concise statement of <br /> each fact found upon each contested issue of fact. <br /> c. Conclusions. Whenever practical, the conclusions shall <br /> be referenced to specific provisions of the law and <br /> regulations or both, together with reasons and precedents <br /> relied upon to support the same. The conclusions shall <br /> make reference to the effect of the decision with <br /> reference to the Comprehensive Plan, as well as the <br /> effect of both approval and denial on property in the <br /> vicinity, business or commercial aspects, if relevant, and <br /> on the general public. <br /> d. The appropriate rule, order or relief. The decision shall <br /> be based upon a consideration of the whole record and <br /> supported by reliable, probative and substantial evidnce. <br /> 8.3 Procedure for Re-opening Hearing or Rehearing <br /> a. At any time prior to the filing of the recommendation or <br /> decision, the Hearing Examiner may re-open the <br /> proceedings for the reception of further evidence. All <br /> parties of record shall be given notice of the <br /> consideration of such evidence and granted an <br /> opportunity to review such evidence and file rebuttal <br /> arguments. <br /> b. If within five (5) working days after the public hearing <br /> any party of record petitions the Hearing Examiner for a <br /> re-opening of the hearing, the Hearing Examiner shall <br /> have discretion to re-open the hearing to consider new <br /> testimony or new evidence that was unavailable at the <br /> time of the hearing. <br /> c. Reconsideration. Any interested person may file a <br /> written request with the Hearing Examiner for <br /> reconsideration within ten (10) working days of the date <br /> of the Hearing Examiner's recommendation. The request <br /> shall explicitly set forth alleged errors of procedure or <br /> fact. The Hearing Examiner shall act within ten (10) <br /> working days after the date of the filing of the request <br /> for reconsideration by either denying the request, issuing <br /> a revised recommendation or calling for an additional <br /> public hearing. If an additional hearing is called for, <br /> notice of set hearing shall be mailed to all parties of <br /> record not less than five (5) working days prior to the <br /> hearing date. <br /> IX. APPEALS <br /> 9.1 Appeals <br /> Decisions may be appealed to the City Council pursuant to <br /> Section 20 of Ordinance 692-80(Hearing Examiner Ordinance). <br /> Appeals must be written and be filed with the Department of <br /> Planning, City of Everett, not later then ten (10) working days <br /> after the date of the Hearing Examiner's final action. <br /> -�- <br /> .5/81 <br />