19.05.010 Reconsideration of decision.
A. Generally. Any person identified in GHMC 19.06.003 as having standing to file an administrative appeal may request reconsideration of a decision of the hearing examiner which issues immediately after the open record public hearing on a project permit application described in this chapter.
B. Time to File. A request for reconsideration must be filed with the city planning director within 10 calendar days of the hearing examiner’s written decision. Such requests shall be delivered to the director by mail, personal delivery or fax before 5:00 p.m. on the last business day of the reconsideration period. Requests for reconsideration that are received by mail after 5:00 p.m. on the last day of this reconsideration period will not be accepted, no matter when such requests were mailed or postmarked.
C. Computation of Time. For the purposes of computing the time for filing a request for reconsideration, the day the hearing examiner’s decision is issued shall not be counted. If the last day of the appeal is a Saturday, Sunday, or holiday designated by RCW 1.16.050, or by a city ordinance, then the appeal must be filed on the next business day.
D. Content of Request for Reconsideration. Requests for reconsideration shall be in writing, be accompanied by the required reconsideration fee (which shall be the same as the administrative appeal fee), and contain the following information:
1. The name, address and phone number of the requestor;
2. Identification of the application and final decision which is the subject of the request for reconsideration;
3. Requestor’s statement of grounds for reconsideration and the facts upon which the request is based;
4. The specific relief requested;
5. A statement that the requestor believes the contents of the request to be true, followed by his/her signature.
E. Effect. The timely filing of a request for reconsideration shall stay the hearing examiner’s decision until such time as the hearing examiner issues a decision on reconsideration.
F. Notice of Request for Reconsideration. The director shall provide mailed notice that a request for reconsideration has been filed to all parties of record as defined in GHMC 19.06.003.
G. Hearing Examiner’s Action on Request. The hearing examiner shall consider the request for reconsideration without a hearing. A decision on the request for reconsideration shall issue within 20 days after receipt of the request for reconsideration by the city.
H. Limitations on Hearing Examiner’s Reconsideration. The hearing examiner shall consider the request for reconsideration based on the administrative record compiled on the application up to and including the date of the hearing examiner’s decision. The hearing examiner may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record and the hearing examiner’s decision. The reconsideration decision issued by the hearing examiner may modify, affirm or reverse the hearing examiner’s decision.
I. Notice of Final Decision on Reconsideration. The director shall issue a notice of final decision on reconsideration in the manner set forth and to the persons identified in GHMC 19.02.007.
J. Further Appeals. If no administrative appeal is allowed of the hearing examiner’s decision, and a request for reconsideration was timely filed, then any judicial appeal must be filed within 21 days after issuance of the decision on reconsideration, as provided in Chapter 36.70C RCW. (Ord. 1197 § 107, 2010; Ord. 1073 § 1, 2007).