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Ordinance 474-77
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Ordinance 474-77
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10/11/2018 9:52:40 AM
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Ordinances
Ordinance Number
474-77
Date
9/23/1977
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1 b. All evidence, including but not limited to records and documents in <br /> the possession of the Hearing Examiner of which he desires to avail <br /> 2 himself, shall be offered and no other factual information or <br /> evidence shall be considered in the determination of the case. <br /> 3 Documentary evidence may be received in the form of copies or <br /> excerpts, or by incorporation by reference. <br /> 4 <br /> c. Every party shall have the right of cross-examination of witnesses <br /> 5 who testify, and shall have the right to submit rebuttal evidence. <br /> 6 d. The Hearing Examiner may take notice of judicially cognizable <br /> f acts. <br /> 7 <br /> Section 6: The Hearing Examiner shall see that interested parties are given <br /> 8 <br /> proper notice of hearings. <br /> 9 <br /> Section 7: Judicial Review: <br /> 10 <br /> a. Any person aggrieved by a final decision in a contested case, <br /> 11 whether such decision is affirmative or negative in form, is entitled <br /> to review thereof in the Superior Court of Snohomish County. <br /> 12 <br /> b. Proceedings for review under this Chapter shall be instituted by <br /> 13 filing a petition in Superior Court. All petitions shall be filed <br /> within thirty days after the final decision of the Hearing Examiner. <br /> 14 Copies of the petition shall be served on the Mayor of the City as <br /> in civil actions. <br /> 15 <br /> c. The filing of the petition shall not stay enforcement of the Hearing <br /> 16 Examiner's decision except by order of the Court and on posting of <br /> a bond to be determined by the Court naming the City as <br /> 17 beneficiary. <br /> 18 d. Within thirty days after service of the petition, or within such <br /> further time as the Court may allow, the Hearing Examiner shall <br /> 19 transmit to the reviewing Court the final decision rendered by him. <br /> 20 e. The review shall be conducted by the Court without a jury. The <br /> review shall be de novo unless provided otherwise by ordinance. <br /> 21 <br /> f. The Court may affirm the decision of the Hearing Examiner or <br /> 22 remand the case for further proceedings; or it may reverse the <br /> decision if the substantial rights of the petitioners may have been <br /> 23 prejudiced because the administrative findings, inferences, conclu- <br /> sions, or decisions are: <br /> 24 1. in violation of constitutional provisions; or <br /> 25 2. in excess of the statutory authority or jurisdiction of <br /> 26 the Hearing Examiner <br /> 27 Section 8: Ordinance No. 470-77, Section 16 (4), insofar as it is inconsistent <br /> 28 herewith is repealed. <br /> 29 Section 9: The office of the Hearing Examiner shall be part-time and <br /> 30 remunerated by personal service contract. <br /> 31 <br /> 32 <br />
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