Complaint and hearing.

Seattle Mun. Code § 14.08.170

in effect

14.08.170 - Complaint and hearing. A. Following submission of the investigatory file from the Director, the City Attorney shall, except as set forth in subsection B of this section, prepare a complaint against such respondent relating to the charge and facts discovered during the Department's investigation. The City Attorney shall file the complaint with the Hearing Examiner in the name of the Department and represent the interests of the Department at all subsequent proceedings. B. In cases which are not dual-filed with the Department of Housing and Urban Development, if the City Attorney determines that there is no legal basis for a complaint to be filed or proceedings to continue, a statement of the reasons therefor shall be filed with the Department. The Director shall then dismiss the charge. Any party aggrieved by the dismissal may appeal the dismissal to an appropriate court. C. The City Attorney shall serve a copy of the complaint on respondent and furnish a copy of the complaint to the charging party and to the Department. D. Within twenty (20) days of the service of such complaint upon it, the respondent shall file its answer with the Hearing Examiner and serve a copy of the same on the City Attorney. E. Upon the filing of the complaint, the Hearing Examiner shall promptly establish a hearing date and give notice thereof to the Commission, the City Attorney and respondent, and shall thereafter hold a public hearing on the complaint which shall commence no earlier than ninety (90) days nor later than one hundred twenty (120) days from the filing of the complaint, unless otherwise ordered by the Hearing Examiner. F. After the complaint is filed with the Hearing Examiner, it may be amended only with the permission of the Hearing Examiner, which permission shall be granted when justice will be served and all parties are allowed time to prepare their case with respect to additional or expanded charges. G. The hearing shall be conducted by the Hearing Examiner, a deputy hearing examiner or a hearing examiner pro tempore appointed by the Hearing Examiner from a list approved by the Commission, sitting alone or with representatives of the Commission if any are designated. Such hearings shall be conducted in accordance with written rules and procedures consistent with this chapter and the Administrative Code, Ch. 3.02 SMC. H. The Commission, within thirty (30) days after receiving notice of the date of hearing from the Hearing Examiner, at its discretion, may appoint two (2) Commissioners who have not otherwise been involved in the charge, investigation, fact finding, or other resolution and proceeding on the merits of the case, who have not formed an opinion on the merits of the case, and who otherwise have no pecuniary, private or personal interest or bias in the matter, to hear the case with the Hearing Examiner. Each Commissioner shall have an equal vote with the Hearing Examiner. The Hearing Examiner shall be the chairperson of the panel and make all evidentiary rulings. The Hearing Examiner shall resolve any question of previous involvement, interest or bias of an appointed Commissioner in conformance with the law on the subject. Any reference in this chapter to a decision, order, or other action of the Hearing Examiner shall include, when applicable, the decision, order, or other action of a panel constituted under this subsection. (Ord. 121593 § 22, 2004; Ord. 116818, § 21, 1993: Ord. 109208 § 6, 1980: Ord. 104839 § 9, 1975.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.08UNHOPR_14.08.170COHEFetched: 11/1/2026