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THE HEARING EXAMINER OF THE CITY OF BELLINGHAM
WHATCOM COUNTY, WASHINGTON

Rules of Practice and Procedure


Section 2: Rules of General Application
Chapter 01: Definitions

The following definitions shall apply unless the context or subject matter requires otherwise:
(a) "Appeal" -- a challenge to a decision or other action where the BMC or other authority authorizes the City's Hearing Examiner to review and decide.
(b) "Appeal hearing" -- a hearing held by the Hearing Examiner to consider an appeal of a decision or other action where the Hearing Examiner has been granted jurisdiction to hear and decide such an appeal.
(c) "Appellant" -- the person(s), organization, association, corporation, or other entity who files a complete and timely appeal of a decision or other appealable action.
(d) "Applicant" -- the person(s), organization, association, corporation or other entity who files an application or otherwise formally requests a permit or other type of City action, interpretation, or authorization which is the subject of an appeal or other review by the Hearing Examiner.
(e) "BMC" -- Bellingham Municipal Code.
(f) "Days" -- calendar days unless otherwise stated.
(g) "Department" -- the department, agency, board, commission or other City entity responsible for the decision or action that is subject to appeal or other review by the Hearing Examiner.
(h) "Director" -- the head of the department, agency, board or commission, or other unit of City government responsible for the decision or other action that is subject to appeal or other review by the Hearing Examiner.
(i) "Examiner" -- the Hearing Examiner or a Hearing Examiner Pro Tempore who has been delegated responsibility to conduct the hearing or otherwise preside over a particular matter.
(j) "Ex parte communication" -- a communication between one party and the Examiner in the absence of the other party(s).
(k) "Hearing Examiner" -- the official appointed pursuant to BMC Chapter 2.56 to serve as the City's Hearing Examiner; also used when referring to a Hearing Examiner Pro Tempore appointed to preside over a particular matter.
(l) "Interested person" -- any individual, or public or private organization of any character, significantly affected by, or interested in proceedings before the Hearing Examiner, including any party.
(m) "Motion" -- a request made to the Hearing Examiner, whether written or oral, for an order or other ruling.
(n) "Party" - with respect to appeals: the appellant; the person(s), group, organization, corporation, or other entity granted party status through intervention; Director of the City department or other agency that made the decision or took the action that is subject to the appeal and the owner(s) of the property subject to the City decision or other action, provided such owner(s) has appeared in the proceeding. "Party" shall also include the applicant in proceedings other than appeals.
(o) "Plan" - the Bellingham Comprehensive Plan and its component parts.
(p) "Public hearing" -- a hearing held by the Hearing Examiner.
(q) "Representative" -- that individual designated by a party to be the official contact person and to speak for the party. Unless the applicable underlying substantive law or regulation establishing the Hearing Examiner's jurisdiction specifies otherwise, a representative is not required to be an attorney.
(r) "Rules" - the Hearing Examiner Rules of Practice and Procedure as currently amended.
(s) "Timely" - within the time prescribed by applicable ordinance or, in the absence of ordinance provision, the time prescribed by Hearing Examiner rule, or within the time determined by the Hearing Examiner.
(t) Designation in the form of any gender includes the masculine, feminine and neutral gender.

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