§ 2.06.070. Appeal of examiner's decision.

The final decision by the examiner may be appealed to the board by any aggrieved person or agency directly affected by the examiner's decision, except threshold determinations (TCC Section 17.09.160) and innocent purchaser determinations (TCC Section 18.48.030), in the following manner:

A.

The appellant must file a complete written notice of appeal with the resource stewardship department upon forms prescribed by the department, and pay the appeal fee within fourteen days of the date of the examiner's final decision; provided, that if the examiner was requested to reconsider the decision, then the appeal must be filed within ten days of the date of the examiner's decision on the reconsideration request.

B.

The notice of appeal shall concisely specify the error or issue which the board is asked to consider on appeal, and shall cite in the notice of appeal or accompanying memorandum, by reference to section, paragraph and page, the provisions of law which are alleged to have been violated. Issues which are not so identified need not be considered by the board. Memoranda shall not include the presentation of new evidence and shall be based only upon facts presented to the examiner.

C.

The county shall notify parties of record that an appeal has been filed and that copies of the notice of appeal and appellant's memorandum may be obtained from the clerk. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit written memoranda to the board within fourteen days from the date that notice to parties is mailed by the county.

D.

The appellant may submit a responsive memoranda within seven days from the date that memoranda from parties of record is due.

E.

The timely filing of a notice of appeal shall stay the effective date of the examiner's decision until the appeal is adjudicated by the board of county commissioners or until the appeal is withdrawn.

F.

All appeals of hearing examiner decisions are considered to be closed record appeals, following an open record hearing on a project permit application or administrative appeal, when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

(Ord. 13120 § 1, 2004; Ord. 11398 § 15 (part), 1997: Ord. 6949 (part), 1981: Ord. 6475 § 1 (part), 1979)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)