2.11.040 Other quasi-judicial hearings

2.11.040 Other quasi-judicial hearings.

A. Scope of Rules. These rules shall govern the conduct of administrative, quasi-judicial hearings held before city council. They do not cover land use hearings held pursuant to the Beaverton Development Code.

B. Burden and Standard of Proof. The burden of proof rests on the proponent of the matter. The standard of proof is by a preponderance of the evidence.

C. Presiding Officer’s Duties at Hearing. The presiding officer has the authority to:

1. Regulate the course of the hearing.

2. Dispose of procedural requests and other similar matters.

3. Rule on the admissibility of exhibits and other documents into evidence, offers of proof, and relevancy of evidence and testimony.

4. Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentations, cross examination of witnesses, and rebuttal testimony.

5. Take any other action appropriate for conduct commensurate with the nature of the hearing.

D. Written Communications. Written communications provided to the city recorder before the hearing shall be distributed to the city council before the hearing begins and shall be considered by the presiding officer as to whether they should be admitted into evidence.

1. Before a hearing begins, a council member shall reveal any significant prehearing or ex parte contacts with regard to the matter as early as possible. If such contacts have impaired a council member’s impartiality or ability to discuss or vote on the matter, the council member shall state the extent of the contacts and refrain from participating in the hearing.

2. If the hearing is on a matter in which a council member has an actual conflict of interest, that council member shall announce publicly the nature of the conflict and refrain from participating in any discussion or debate and from voting in the hearing.

3. Notwithstanding subsection (E)(1) or (2) of this section, any abstaining council member may be counted for purposes of establishing a quorum.

1. The presiding officer shall first announce the nature and purpose of the hearing and summarize the rules of conduct for the hearing.

2. The presiding officer shall announce whether the presiding officer will abstain from participating in the hearing and then inquire whether any other council member wishes to abstain from participating in the hearing.

a. Any council member abstaining shall identify the reason for abstaining and shall not participate in discussion of the matter or vote on the matter.

b. If no council member abstains and a proponent, opponent, or other party wishes to challenge a specific council member’s lack of abstention, the person challenging shall state any facts relating to the alleged impartiality or other interests that impair that council member’s ability to participate in the hearing. The presiding officer shall then provide an opportunity to the council member to respond. The council member’s response is not subject to cross examination, but is subject to rebuttal. After all statements have been given, the city council shall vote on a motion accepting or denying the challenge.

3. The presiding officer shall then inquire of the audience on whether there are any objections to the jurisdiction of the city council to hear the matter. The presiding officer shall terminate the hearing if the inquiry results in substantial evidence that the city council lacks jurisdiction or the procedural requirements of any City code or ordinance were not met.

4. City staff shall first be provided the opportunity to describe the nature of the matter, explain any information provided in the record, summarize the staff report and applicable findings, and provide any other information as may be requested by city council.

5. The proponent shall then present the proponent’s case.

6. Any persons in favor of the proponent’s proposal may be heard next.

7. Any opponent shall next present the opponent’s case, which shall be heard in the following order:

a. Any neighborhood associations, special organizations formed for the purpose of opposition, and other groups represented by counsel or a spokesperson.

b. Any persons who received notice of the hearing or were entitled to receive notice of the hearing.

c. Any persons who did not receive notice and who were not entitled to receive notice.

8. Public agencies, if applicable, may be heard next.

9. The presiding officer shall allow the proponent to offer rebuttal evidence and testimony, and, if provided, allow the opponent or other interested party to rebut the new evidence or testimony offered by the proponent’s rebuttal.

10. The presiding officer shall then conclude the hearing and the city council shall deliberate the matter. The city council shall either make its decision and state its findings, which may incorporate findings proposed by the proponent, opponent, staff, or other board or commission, or may continue its deliberations to a subsequent meeting. If deliberations are continued, the city council must announce the time and place of the subsequent meeting. The presiding officer shall not allow additional submission of testimony beyond the hearing, except upon approval by the city council.

1. The city recorder shall be present for the hearing and shall cause the proceedings to be electronically recorded. Transcription is not necessary unless required by judicial or administrative review or ordered to by the city council.

2. The presiding officer shall receive all physical and documentary evidence presented and admitted into the record. Each physical or documentary evidence admitted shall be marked to show the identity of the person offering it and whether the evidence was presented on behalf of the proponent or opponent.

3. The city recorder shall retain all exhibits received into evidence until after any applicable appeal period has expired, at which time the exhibits may be released, upon written request, to the person submitting them. [BC 2.11.040, added by Ordinance No. 4764, 6/11/19; amended by Ordinance No. 4794, 12/1/20]