§ 3.02.100. Report and review of examiner's recommendation or decision in contested cases

A.

Within the period fixed by agency rule or applicable ordinance, the Hearing Examiner shall prepare a written recommendation or decision, file it as a public record and provide copies of it by personal service or mail to each party and to other interested persons as provided by agency rule or applicable ordinance. Copies to City agencies may be provided through the City's interoffice mail or electronically. With the agreement of a party or other interested person other than a City agency, a copy may instead be provided to that party or interested person by electronic means. The recommendation or decision shall contain a brief summary of the evidence considered and state the Hearing Examiner's findings and conclusions upon which the recommendation or decision is based. If the decision is to be made by the agency, the Hearing Examiner's recommendation shall be in the form of a proposed decision which may be adopted by the agency as its decision in the case.

B.

Where a decision is to be made by an agency based upon the Hearing Examiner's recommendation, the agency shall set a date for consideration of the Hearing Examiner's proposed decision, and shall give at least 10 days notice of the date to all parties; provided, that at the discretion of the Hearing Examiner, and upon a written showing of adequate reason for the delay, evidence not previously presented may be submitted to the Hearing Examiner prior to the date set for the agency's consideration of the proposed decision. If the Hearing Examiner determines to accept and consider such evidence, the Hearing Examiner shall immediately give notice to each party of record and to the agency, which shall remand the proposed decision to the Hearing Examiner for further consideration and hearing in accordance with Section 3.02.090, and for such modification of the proposed decision as the Hearing Examiner may make pursuant to the hearing.

In connection with the consideration by the agency of any proposed decision, any party may file written exceptions to the proposed decision or part thereof and may submit a proposed substitute decision and supporting argument. Following consideration of the proposed decision and any proposed substitute decision, written exceptions, or arguments, the agency may adopt, reject, or modify the proposed decision or any part thereof, and shall issue its decision with its written findings and reasons for any changes from the Hearing Examiner's proposed decision.

(Ord. 123899, § 2, 2012; Ord. 102228 § 9, 1973.)