§ 3.02.120. Powers of Hearing Examiner

A.

In the performance of duties prescribed by this chapter or other ordinances, Hearing Examiners may:

1.

Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions pursuant to rules promulgated by the agency; provided, that no person shall be compelled to divulge information which he could not be compelled to divulge in a court of law;

2.

Upon the request of an agency or any party, or upon his own volition, issue and cause to be served subpoenas for the attendance of witnesses and for production for examination of any books, records, or other information in the possession and under the control of any witness; provided that any such subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved;

3.

Regulate the course of the hearing in accordance with agency rules and this chapter and other applicable ordinances;

4.

Hold conferences for the settlement or simplification of the issues by consent of the parties;

5.

Dispose of procedural requests or similar matters;

6.

Make decisions or recommendations in accordance with Section 3.02.100; and

7.

Take any other action authorized by ordinance or agency rule consistent therewith.

B.

In case of failure or refusal without lawful excuse of any person duly subpoenaed to attend pursuant to such subpoena, or to be sworn, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books or records of other information in his possession and under his control, the Hearing Examiner may invoke the aid of the City Attorney who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena.

C.

Using resources provided in the annual budget for the normal operation of the Office of Hearing Examiner, the Hearing Examiner may provide hearing examiner services to other public entities not likely to appear before the Hearing Examiner in City of Seattle matters. The Hearing Examiner is authorized, on behalf of the City and without further ordinance, to enter into one or more contracts with other public entities, whether pursuant to RCW 39.34.080 or otherwise, under which the Hearing Examiner will provide, and The City of Seattle will be compensated for, those services. Before entering into any contract under this subsection 3.02.120.C, the Hearing Examiner shall obtain the advice of the City Attorney and the Risk Manager as to the contract's provisions for liability and indemnification. The compensation called for in each contract shall be established by the Hearing Examiner as he or she deems appropriate in each instance, but shall always be designed, at a minimum, to recover the Hearing Examiner's marginal costs of performing the services. The Hearing Examiner is authorized to accept all monetary compensation received under these contracts for deposit in the General Fund.

(Ord. 125492 , § 1, 2017; Ord. 121542 § 1, 2004; Ord. 102228 § 11, 1973.)