A. The King County hearing examiner is designated to hear appeals by parties aggrieved by actions of the manager of the regional animal service section under this title. The hearing examiner may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the hearing examiner shall be delivered to the manager of the regional animal service section, who shall make them freely accessible to the public. All decisions and findings of the hearing examiner shall be rendered to the appellant in writing with a copy to the manager of the regional animal service section.
B. Any person entitled to service under BCC 8.04.340, Violations – Notice and order, may appeal from any notice and order or any action of the manager of the regional animal service section under this chapter by filing at the office of the manager of the regional animal service section, within 24 days from the service of the order, a written appeal containing:
1. A heading in the words: “Before the Hearing Examiner of the County of King”;
2. A caption reading: “Appeal of __________” giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the animal involved in the notice and order;
4. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
5. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. The signatures of all parties’ names as appellants, and their official mailing addresses;
7. The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal.
C. The hearing examiner shall set a time and place, not more than 30 days from the notice of appeal for a hearing on the appeal. Written notice of the time and place of hearing shall be given at least 10 days before the hearing to each appellant by the office of the hearing examiner.
D. At the hearing, the appellant shall be entitled to appear in person, to be represented by counsel and to offer evidence that is pertinent and material to the action of the manager of the regional animal service section. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered.
E. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of the right to an administrative hearing.
F. Enforcement of any notice and order of the manager of the regional animal service section issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal that is vicious or dangerous or cruelly treated.
G. In proceedings before the hearing examiner, the regional animal service section shall bear the burden of proving by a preponderance of the evidence both the violation and the appropriateness of the remedy it has imposed. (Ord. 6546 § 3, 2020; Ord. 5957 § 3, 2010.)