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Seattle |
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Municipal Code |
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Title 3. ADMINISTRATION |
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SubTitle I. Administrative Code |
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Chapter 3.02. ADMINISTRATIVE CODE |
§ 3.02.090. Hearings in contested cases
A.
In any contested case all parties shall be afforded an opportunity for hearing after not less than 20 days' notice in writing; provided that a hearing may be set on shorter notice where substantial injury to a party would otherwise result; provided further, that unless otherwise provided by ordinance or rule, no hearing shall be required in any case except upon the request of a party. A request for a hearing shall be accompanied by a filing fee as established by ordinance, which the Hearing Examiner shall ensure is received by the Director of Finance and Administrative Services.
B.
Notice of such hearing shall include:
1.
A statement of the time, place and nature of the proceeding;
2.
A statement of the legal authority and jurisdiction under which the hearing is to be held;
3.
A reference to the particular sections of the ordinance and rules involved;
4.
A short and plain statement of the matters asserted.
If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon request, a more definite and detailed statement shall be furnished.
C.
Unless otherwise provided by ordinance, notice shall be provided by personal service or mail to each party. Notice to City agencies may be provided through the City's interoffice mail or electronically. With the agreement of a party other than a City agency, notice may instead be provided to that party by electronic means.
D.
Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
E.
Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
F.
The record in a contested cause shall include:
1.
All pleadings, motions, and intermediate rulings;
2.
Evidence received or considered;
3.
A statement of matters officially noticed;
4.
Questions and offers of proof, objections, and the ruling thereon;
5.
Proposed findings and conclusions; and
6.
Any decision, opinion, or report by the examiner presiding at the hearing.
G.
Oral proceedings shall be electronically recorded. When requested, the Hearing Examiner shall furnish a copy of all or part of the electronic recording upon payment of the reasonable costs of providing the copy.
H.
Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
I.
Each agency shall adopt appropriate rules of procedure consistent with this chapter and other applicable ordinances for notice, hearing and agency review of contested cases.
J.
The examiner presiding at the hearing shall admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs, and shall give effect to the rules of privilege recognized by law.
K.
All evidence, including records and documents in the possession of the agency which the examiner desires to consider, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case.
L.
Examiners may take notice of judicially cognizable facts and of general, technical, or scientific facts within their specialized knowledge in the evaluation of the evidence presented to them; provided, that parties shall be notified during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.
M.
Every party shall have the right of cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence.