Appeals of Pike Place Market Historical Commission Decisions, 1977-1994

The Office of the Hearing Examiner is an independent office of the City that conducts administrative hearings, when authorized by the Seattle Municipal Code, to review the actions of various City departments. The office was created in 1973 and was part of the Municipal Courts until 1977 when it became an independent office. The Hearing Examiner is appointed by the City Council to serve an initial term of one year and subsequent terms of four years.

The Municipal Code grants the Hearing Examiner jurisdiction in more than 75 different types of matters. The majority of cases are appeals of decisions made by other City agencies, such as the Department of Planning and Development (Master Use Permits, SEPA determinations, Code Interpretations, Land Use and Noise Enforcement Citations and decisions on tenant relocation assistance); the Department of Finance (tax assessments); the Landmarks Preservation Board and Special Purpose District Commissions (decisions on certificates of approval for alterations); the Department of Executive Administration (licensing decisions); and the Department of Transportation (right-of-way use).

The Hearing Examiner has original jurisdiction and makes the initial decision in cases related to subdivision applications processed by the Department of Planning and Development; complaints of discrimination in employment, housing, public accommodation, or public contracts filed by the Office for Civil Rights and the City Attorney's Office; complaints for third party utility billing violations; petitions for review of floating home moorage fee increases; and others.

The Hearing Examiner's decision in a case is usually the City's final decision. However, the City Council has retained jurisdiction over certain land use actions, including Council Conditional Uses, rezone proposals, major institution master plans, planned unit developments, and landmark controls and incentives. For these cases, the Hearing Examiner holds a public hearing for the Council, gathers information to establish the record, and forwards the record and a detailed written recommendation to the Council for its use in making the decision.