Skip to main content
Loading…
This section is included in your selections.

A. The appearance of fairness doctrine, as specified in Chapter 42.36 RCW, shall apply to quasi-judicial proceedings and shall result in disqualification when necessary. A member of an administrative body or the official acting as an administrative body shall not participate in any proceeding in which he or she has a prohibited personal interest. In the event of a disqualifying conflict of interest, the hearing shall be conducted by the remaining members of the administrative body or a duly appointed pro tem official.

B. A member of an administrative body or the official acting as an administrative body shall not engage in ex parte communications, directly or indirectly, with any person, or the agent or representative of any person, having an interest in an application before the administrative body or official acting as the administrative body.

C. If a prohibited ex parte communication occurs, it shall be publicly disclosed in accordance with Chapter 42.36 RCW and the member of the administrative body or the official acting as an administrative body shall decide whether to disqualify himself or herself for that application.

D. Any party to a quasi-judicial proceeding may challenge the partiality and appearance of fairness of any member of the administrative body or the official acting as the administrative body during the hearing. A challenge must include the facts relied on by the challenging party, relating to the alleged bias, prejudgment, or personal interest, or other basis by which the party has concluded that the member or official cannot participate in a recommendation in an impartial manner.

1. In the event of a challenge under subsection (D) of this section, the challenged member or official shall respond in a statement, which shall be part of the record, or step down from participating in the hearing on the matter. The statement shall respond to the challenge and include the reasons why the member or official should be allowed to participate.

2. The statement regarding continuing to participate in the hearing shall not be subject to examination by the administrative body but shall be subject to rebuttal by the challenging party.

3. In the event of a rebuttal, the member or official shall be given an opportunity to respond making special reference to the facts alleged in rebuttal, or shall disqualify him or herself and state the reasons therefor.

(Ord. 6588 § 1, Added, 12/09/2015)