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Ordinance 1648-89
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Ordinance 1648-89
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10/26/2017 10:50:39 AM
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Ordinances
Ordinance Number
1648-89
Date
11/8/1989
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1 <br /> 8. Establish rules and procedures to conduct hearings <br /> 2 consistent herewith. <br /> 3 G. Contested Cases. In contested cases: <br /> 4 1 . The Hearing Examiner may admit and give probative <br /> effect to evidence which possesses probative value <br /> 5 commonly accepted by reasonably prudent men in the <br /> conduct of their affairs. The Hearing Examiner shall <br /> 6 give effect to the rules of privilege recognized by <br /> law. The Hearing Examiner may exclude incompetent, <br /> 7 irrelevant, immaterial and unduly repetitious <br /> evidence. <br /> 8 <br /> 2. All evidence including, but not limited to, records <br /> 9 and documents in the possession of the Hearing <br /> Examiner of which he/she desires to avail <br /> 10 himself/herself shall be offered and no other factual <br /> information or evidence shall be considered in the <br /> 11 determination of the case. Documentary evidence may <br /> be received in the form of copies or excerpts or by <br /> 12 incorporation by reference. <br /> 13 3. Every party shall have the right of cross-examination <br /> of witnesses who testify and shall have the right to <br /> 14 submit rebuttal evidence. <br /> 15 4. The Hearing Examiner may take notice of judicially <br /> cognizable facts. <br /> 16 <br /> 17 H. Notice to be Given. The Hearing Examiner shall see <br /> that interested parties are given proper notice of hearing. <br /> 18 <br /> I. Judicial Review. <br /> 19 <br /> 1 . Any person, including the City, aggrieved by a final <br /> 20 decision in a contested case, whether such decision <br /> is affirmative or negative in form, is entitled to <br /> 21 review thereof in the Snohomish County Superior Court. <br /> 22 2. Proceedings for review under this chapter shall be <br /> instituted by filing a petition in Superior Court. <br /> 23 All petitions shall be filed within thirty days after <br /> the final decision of the Hearing Examiner. Copies <br /> 24 of the petition shall be served on the Mayor of the <br /> City as in civil actions. <br /> 25 <br /> 3. The filing of the petition shall not stay enforcement <br /> 26 of the Hearing Examiner's decision except by order of <br /> the court and on posting of a bond to be determined <br /> 27 by the court naming the City as beneficiary. <br /> 28 4. The review shall be conducted by the court without a <br /> jury. The review shall be de novo unless provided <br /> 29 otherwise by ordinance. <br /> 30 5. The court may affirm the decision of the Hearing <br /> Examiner or remand the case for further proceedings; <br /> 31 or it may reverse the decision if the substantial <br /> rights of the petitioners may have been prejudiced <br /> 32 <br /> 12 <br />
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