Hearings Examiner

Examiner Responsibilities
Hearing Process
Resources

<strong>Examiner Responsibilities</strong>

Responsibility of the Hearing Examiner

A Hearings Examiner is an experienced professional, often a land use attorney, who acts on behalf of the City in quasi-judicial matters. The City of Lacey established the Hearings Examiner position in 1979 to promote fair, impartial, and consistent decision making on project permits that fall under quasi-judicial review.

The Hearings Examiner reviews and interprets land-use regulations, conducts public hearings, issues decisions, makes recommendations to City Council, and hears appeals of administrative decisions related to land use regulations and construction code administration.

Types of Land Use Applications Reviewed

In Lacey, the Hearings Examiner reviews the following land-use applications:

Preliminary Subdivisions

Planned Residential Developments

Urban Center Master Plans

Planned Community Master Plans

Planned Community Five-Year Reviews

Conditional Use Permits

Quasi-Judicial Variances

Wetland Development Permits

Shoreline Substantial Development Permits

Shoreline Conditional Use Permits

Preliminary Plat Approval Extensions

Administrative Appeals

Hearing Process

Due Process

Quasi-judicial decisions require the guarantee of due process. In Washington State, proper due process includes the following:

Appearance of fairness by the decision maker

Proper notice of the hearing

A proper hearing process

A complete record

A decision or recommendation based on the record that meets legal requirements

Appearance of Fairness Doctrine

The Appearance of Fairness Doctrine is a rule of law requiring decision-makers to conduct hearings in a way that is fair and unbiased in both appearance and fact. The purpose of the appearance of fairness doctrine is to make sure that all parties involved in a quasi-judicial process receive equal treatment. 

The Appearance of Fairness doctrine requires that quasi-judicial public hearings are procedurally fair and appear to be conducted by impartial decision makers.

Prohibited Ex Parte Contacts

All persons are prohibited from contacting the Examiner outside of the public hearing. Members of the public may testify in front of the hearings examiner during the public hearing or submit comments to City Staff prior to the hearing. Any contacts made must be publicly disclosed.

The Public’s Role in Quasi-Judicial Processes

Members of the public may present oral and/or provide written testimony for or against a specific proposal at the public hearing held for that proposal. Written public comments are welcome any time up to the close of the public hearing.

The Hearings Examiner’s decision must meet the legal criteria, which comes from applying the city’s existing ordinances and state statutes. If the legal criteria are satisfied, the decision must be to approve the proposal, even if popular opinion is contrary. If the legal criteria are not satisfied, the decision must be to deny the proposal.

The Court’s Role in Quasi-Judicial Processes

The Hearings Examiners decision on land use permits is final but may be appealed to Superior Court. The Court reviews the record created by the Hearings Examiner.

The final decision maker for Shoreline Variances and Conditional Use Permits approved by the Hearings Examiner is the Washington Department of Ecology and all shoreline permits are appealable to the Shorelines Hearings Board through the provisions of the Shoreline Management Act.

View our appeal forms: Forms & Applications Directory – City of Lacey

Resources

Hearing Examiner Decisions

View recent land use approvals

Hearing Location

The Hearing Examiner’s Office conducts hearings in-person and virtually (via Zoom).

Lacey City Hall Council Chambers
420 College Street SE
Lacey, WA, 98503

Contact Staff

For additional information regarding the Hearings Examiner process, please contact the Community & Economic Development Department at (360) 491-5642 or by email at Planning@cityoflacey.org.

Reasonable Accommodations

The City of Lacey provides reasonable accommodations to persons with disabilities. We invite individuals with special needs to contact the City Clerk by emailing CityClerk@cityoflacey.org or calling (360) 486-8704 at least 72 hours prior to the meeting to discuss special accommodation needs. For vision- or hearing-impaired services, contact the Washington State Relay Service at 7-1-1 or 1-800-833-6384.