7.08.050 Hearings.
A. General Procedures. An appeal or other proceeding under this chapter shall be conducted pursuant to the following procedures:
1. A request for a hearing shall be in writing and filed with the clerk within five business days of the date the animal owner is served with the chief animal care and regulation officer’s written administrative order.
2. Within five business days of receipt of the written request for a hearing by the clerk, a hearing date shall be set no sooner than 20 calendar days, nor later than 30 calendar days after receipt of the request.
3. The chief animal care and regulation officer shall file the record with the city clerk regarding the case within five business days after receipt of a notice of appeal.
4. Witness lists, written briefs, and other information to be considered by the hearing officer shall be filed by the parties no less than five business days before the hearing.
5. Within 10 business days after the hearing, the hearing officer shall deliberate and issue written findings and conclusions based on the record. The decision may include an order stating the amount of fees and costs associated with the care of the animal while the case was pending.
B. Level 5 Classification Hearings. Level 5 classification hearings include the following additional procedures:
1. The standard of proof to be applied to Level 5 adjudications is the preponderance of the evidence standard. The preponderance of the evidence standard of proof is met when evidence as a whole shows the facts sought to be proved are more probable than not.
2. All animals found to be a Level 5 classification by the hearing officer shall be humanely euthanized.
3. All animals found not to be a Level 5 classification by the hearing officer shall be remanded back to the chief animal care and regulation officer for reclassification.
C. Level 1, 2, 3, and 4 Classification and Written Administrative Orders Hearings. Level 1, 2, 3, and 4 classification and written administrative order hearings are subject to the following additional procedures:
1. The hearing officer shall give substantial deference to the written administrative order issued by the chief animal care and regulation officer if the decision of the chief animal care and regulation officer is supported by the substantial evidence in the record.
2. The hearing officer may affirm, reverse or modify the classification of an animal as a Level 1, 2, 3, and 4 classification and may modify the written administrative order issued by the chief animal care and regulation officer.
D. Forfeiture Hearings. Forfeiture hearings pursuant to WMC 7.04.100(C)(1) or 7.20.040(E) are subject to the following additional procedures:
1. The hearing officer shall give substantial deference to the written administrative order issued by the chief animal care and regulation officer, and the determination by the chief animal care and regulation officer of the costs, fees and expenses to be paid by the owner, if the decision of the chief animal care and regulation officer is supported by substantial evidence in the record.
2. The hearing officer may affirm or reverse the chief animal care and regulation officer’s decision in a forfeiture proceeding.
3. If the hearing officer reverses the decision of the chief animal care and regulation officer in a forfeiture proceeding, the hearing officer shall order conditions of release prior to releasing the animal to its owner.
E. Substantial Evidence. For the purpose of forfeiture, Level 1, 2, 3, and 4 hearings, “substantial evidence” means the relevant evidence a reasonable mind might accept as adequate to support a conclusion. (Ord. 09-69(AM) § 4, 2009; Ord. 09-50 § 2, 2009; prior code § 12.30.040)