ORD 82-07 AMENDING HEARING EXAMINER ORDINANCE1
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ORDINANCE NO. 82-07
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AN ORDINANCE AMENDING THE HEARING EXAMINER
ORDINANCE TO PROVIDE FOR A DISQUALIFICATION
PROCEDURE IN THE EVENT OF HEARING EX~4INER
BIAS OR PREJUDICE
WHEREAS the Washington State courts have a procedure for
disqualification of judges in the event of bias or prejudice,
and some local jurisdictions have such a procedure for Hearing
Examiners; and
WHEREAS it may be occasionally necessary to disqualify a
16'iHearing Examiner to maintain the immartialitv of the proceeding;
17 NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF WINSLOW DO ORDAIN AS
20iFOLLOWS:
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Section 8 is hereby added to Ordinance 76-19 and shall read
as follows:
SECTION 8.
DISQUALIFICATION OF HEARING EXAMINER
The Hearing Examiner on his or her own initiative may
enter an order of disqualification in the event of personal
bias or prejudice.
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Ordinance No. 82 - 07
Page Two
A party may file an affidavit, which is a sworn statement in
writing and under oath, stating that such party cannot
have a fair and impartial hearing by reason of the personal
bias or prejudice of the Hearing Examiner. The affidavit
must set forth facts and reasons for the belief that the
Dersonal bias or prejudice exists. The Hearing Examiner
shall rule on the affidavit prior to making any other
ruling and prior to the hearing. No party shall be permit-
ted to file more than one such affidavit under this section
in regard to anv one proceeding.
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Passed by the City Council this
1982.
4th day of March ,
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ATTEST:
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26!~ APPROVED AS TO FOR~I:
29!THOM_AS ~i. ~hSH, CitV Att~Orney
~4AYOR
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Ordinance No. 82 - 07
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this day of "~-~ , 1982 and thereafter posted
this /~ day of ~/~ , 1982 at t r
Chamber of Commerce, City Hall. Effective
S E A L