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Ordinance 1383-87
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Ordinance 1383-87
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1/4/2018 11:14:50 AM
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Ordinances
Ordinance Number
1383-87
Date
10/14/1987
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• <br /> • <br /> 1 3. Rule on offers of proof and receive relevant evidence; <br /> 2 4. Regulate the course of the hearing, including <br /> imposition of penalties for disruption of the orderly <br /> 3 process or refusal to comply with lawful orders of <br /> the Violations Hearing Examiner. <br /> 4 <br /> 5. Hold conferences for the settlement or simplification <br /> 5 of the issues by consent of the parties ; <br /> 6 6. Make decisions which can be incorporated into <br /> findings of fact, conclusions of law and order of the <br /> 7 Violations Hearing Examiner and enter orders of <br /> default and consent orders; <br /> 8 <br /> 7. Establish rules and procedures to conduct hearings <br /> 9 consistent herewith. <br /> 10 <br /> G. In contested cases: <br /> 11 <br /> 1 . The Violations Hearing Examiner may admit and give <br /> 12 probative effect to evidence which possesses <br /> probative value commonly accepted by reasonably <br /> 13 prudent men in the conduct of their affairs. The <br /> Violations Hearing Examiner shall give effect to the <br /> 14 rules of privilege recognized by law. The Violations <br /> Hearing Examiner may exclude incompetent, irrelevant, <br /> 15 immaterial and unduly repetitious evidence. Factual <br /> issues shall be resolved by a preponderance of <br /> 16 evidence standard. <br /> 17 2. Documentary evidence may be received in the form of <br /> copies or excerpts or by incorporation by reference. <br /> 18 <br /> 3. Every party shall have the right of cross-examination <br /> 19 of witnesses who testify and shall have the right to <br /> submit rebuttal evidence; provided that the <br /> 20 Violations Hearing Examiner may control the manner <br /> and the extent of cross-examinations and rebuttal . <br /> 21 <br /> 4. The Violations Hearing Examiner may take notice of <br /> 22 judicially cognizable facts. <br /> 23 <br /> H. The Violations Hearing Examiner shall determine the effective <br /> 24 <br /> date of CEASE AND DESIST ORDERS, taking into consideration reasonable notice <br /> 25 <br /> to affected parties. <br /> 26 <br /> I . Judicial Review: <br /> 27 <br /> 28 1 . Any party, including the City, aggrieved by a CEASE <br /> AND DESIST ORDER or final decision of the Violations <br /> 29 Hearing Examiner, is entitled to review thereof in <br /> the Snohomish County Superior Court; provided that <br /> 30 any petition for review shall be filed no later than <br /> fifteen (15) days after the effective date of the <br /> 31 ORDER. Service of an ORDER may be made by mailing to <br /> the last-known address of a named party. <br /> 32 <br /> 5 <br />
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