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0/5 <br /> AIL . <br /> rig <br /> ORDINANCE NO. / 7'/- 7 7 <br /> AN ORDINANCE providing for an Administrative Hearing Examiner of the <br /> City of Everett. ' <br /> 1 WHEREAS, the ordinance of the City of Everett regarding parking requires <br /> 2 hearing before an Administrative Hearing Examiner; and <br /> 3 WHEREAS, the Council from time to time may find it expedient to provide <br /> 4 administrative appellate review of certain decisions of administrative officers; and <br /> 5 WHEREAS, there is a need for a duly constituted administrative tribunal for <br /> 6 these purposes. <br /> 7 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 8 Section 1: That there is hereby created the office of the Administrative <br /> 9 Hearing Examiner of the City of Everett. <br /> 10 Section 2: That said Hearing Examiner shall be appointed by the Mayor. <br /> 11 Section 3: That said Hearing Examiner shall be licensed to practice law in the <br /> 12 State of Washington. <br /> 13 Section 4: That said Hearing Examiner shall have the power to: <br /> 14 a. Administer oaths and affirmations, examine witnesses, and receive <br /> evidence. <br /> 15 <br /> b. Issue subpoenas upon the request of any party. The City Treasurer, <br /> 16 his designated agent, the City Attorney and the attorney of record <br /> are also authorized to issue subpoenas. When so required, the <br /> 17 applicant for the subpoena shall show to the satisfaction of said <br /> individual the general relevance and reasonable scope of the <br /> 18 evidence sought. <br /> 19 c. Rule on offers of proof and receive relevant evidence. <br /> 20 d. Regulate the course of the hearing including imposition of penalties <br /> for disruption of the orderly process or refusal to comply with <br /> 21 lawful orders of the Hearing Examiner. <br /> 22 e. Hold conferences for the settlement or simplification of the issues <br /> by consent of the parties. <br /> 23 f. Dispose of procedural requests or similar matters. <br /> 24 <br /> g. Make decisions which shall be incorporated into findings of fact, <br /> 25 conclusions of law and order of the Hearing Examiner and enter <br /> orders of default and consent orders. <br /> 26 Section 5: In contested cases: <br /> 27 a. The Hearing Examiner may admit and give probative effect to <br /> 28 evidence which possesses probative value commonly accepted by <br /> reasonably prudent men in the conduct of their affairs. He shall <br /> 29 give effect to the rules of privilege recognized by law. He may <br /> exclude incompetent, irrelevant, immaterial, and unduly repetitious <br /> 30 evidence. <br /> 31 <br /> 32 <br />