City of Bellingham Municipal Code

21.10.250 - PROCEDURES FOR APPEAL TO THE HEARING EXAMINER

A. Who may Appeal. Any aggrieved party may appeal.

B. Form of Appeal. A person appealing the decision must submit a completed appeal form to the Planning and Community Development Department which sets forth:

1. The action or decision being appealed and the date it was issued;

2. Facts demonstrating that the person is adversely affected by the decision;

3. A statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria;

4. The specific relief requested; and

5. Any other information reasonably necessary to make a decision on the appeal.

1. The appellant has carried the burden of proof; and

2. The Examiner finds that the decision is not supported by a preponderance of the evidence.

1. Any person who participated in the hearing may file a written motion for reconsideration of the Hearing Examiner’s decision.

2. Reconsideration of a Hearing Examiner decision may be granted by the Hearing Examiner on a showing of one or more of the following:

a. Irregularity in the proceedings by which the moving party was prevented from having a fair hearing;

b. Newly discovered evidence of a material nature which could not, with reasonable diligence, have been produced at hearing;

c. Error in the computation or any monetary element of the decision;

d. Clear mistake as to a material fact; or

e. Clear error as to the law, which should be corrected in the interests of justice.

3. Motions for reconsideration must be filed and served on other parties within 10 days of the date of the Hearing Examiner’s decision. The filing of a motion for reconsideration shall not stop or alter the running of the period provided to appeal the Hearing Examiner’s decision. A motion for reconsideration that is not scheduled for consideration or otherwise acted upon by the Examiner within 10 days of filing of the motion shall be deemed denied.