The Richland City Council adopted a Hearing Examiner system in 2014. A Hearing Examiner conducts quasi-judicial hearings on behalf of the City Council which allows the City Council to stay focused on policy level decision making. A Hearing Examiner System, widely used throughout Washington, provides for an orderly system based on facts and law, outside of the legislative process reserved for an elected City Council.

• Is a specially-trained attorney
• Has experience with many different jurisdictions and regulations
• Has knowledge of physical land development and technical feasibility
• Understands and can apply nuances of municipal code and general legal principle

Benefits of a Hearing Examiner System include:

• No political influence or pressure
• More cost effective (reduces appeals and judicial challenges)
• More efficient process
• Reduction in judicial reversals of decision
• Reduction in potential legal damages claims against the City
• Avoids potential personal legal claims against citizen decision-makers (councilmembers)
• Instills public confidence in the decision-making process
• Helps ensure constitutional protection of due process of law and equal protection
• Helps ensure predictability and consistency
• Separates quasi-judicial decision-making functions from legislative (law-making) and long-term planning functions
• Allows City Council and/or planning commission to focus on decision-making at the policy level
• Orderly process for citizen participation
• Establishment of a complete record of all participation

Proceedings

The Hearing Examiner holds one open-record public hearing to gather relevant evidence to determine whether the proposed development complies with the City’s development regulations. If it does, there is no basis for denial, even if or when numerous citizens speak out against the development. However, the project could be reasonably conditioned, and the Hearing Examiner, based on training and experience, is well-suited to identify conditions to mitigate the impact of the project.

The Hearing Examiner evaluates the relevant evidence against the code and determine whether sufficient evidence in the record supports approval of the development, with or without conditions. This is a pure legal analysis that has to be defensible on appeal because an owner has a right to develop their property consistent with the City’s land use regulations. Decisions must be based on facts and the law, including development regulations. Through its legislative function, the City Council may amend the City’s development regulations to suit the needs of the community vision, but the Hearing Examiner is responsible for applying the current standards against a project consistent with the rules in place when a complete project application is filed.  

Contact Us

Richland Planning Department
625 Swift Boulevard, MS-35
Richland, WA 99352

Phone: 509-942-7794

Business Hours:
Monday - Friday
8:00 a.m. - 5:00 p.m.