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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />KODIAK ISLAND BOROUGH <br />ORDINANCE NO. FY2010 -09 <br />Introduced by: <br />Requested by: <br />Drafted by: <br />Introduced: <br />Public Hearing: <br />Adopted: <br />Borough Assembly <br />Borough Clerk <br />Borough Attomey <br />06/10/2010 <br />06/17/2010 <br />06/17/2010 <br />AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH <br />AMENDING TITLE 16 SUBDIVISION CHAPTER 16.90 APPEALS TO THE ASSEMBLY <br />SECTION 16.90.100 HEARING EXAMINER AND TITLE 17 ZONING <br />CHAPTER 17.225 APPEALS TO THE BOARD OF ADJUSTMENT <br />SECTION 17.225.090 HEARING EXAMINER <br />WHEREAS, the Kodiak Island Borough Code (KIBC) provides no other guidance on the <br />qualifications or standards for a hearing officer under Sections 16.90.100 and 17.225.090 <br />which have apparently been in effect since 1990 or 1991. There is likewise no guidance <br />under Alaska Statutes (AS) 29.40.050 which has been in effect at least since 1985; and <br />WHEREAS, in 2004, the Alaska Legislature authorized the creation of the Office of <br />Administrative Hearings in AS 44.64 which refers to the hearing officers in its department as <br />administrative law judges (ALJs); and <br />WHEREAS, among other things, AS 44.64.040 sets standards for ALJs; AS 44.64.050 <br />establishes a code of conduct for them; and AS 44.64.060 sets procedures for hearings; and <br />WHEREAS, the following suggested changes would allow the borough to immediately <br />refer appropriate appeals to the Office of Administrative Hearings rather than first obtaining <br />an Assembly resolution; <br />NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND <br />BOROUGH THAT: <br />Section 1: This ordinance is of a general and permanent nature and shall become a part <br />of the Kodiak Island Borough Code of Ordinances; and <br />Section 2: Title 16 Subdivision Chapter 16.90 Appeals to the Assembly Section 16.90.100 <br />Hearing Examiner is hereby amended as follows: <br />16.90.100 Hearing examiner. <br />Where the subdivider is the borough or a municipality, the appeal shall be heard and <br />decided upon by a hearing examiner. <br />. The clerk shall refer the appeal to the <br />Alaska Office of Administrative Hearings under AS 44.64.030(b). In rendering a decision, the <br />hearing examiner shall follow the rules and procedures as set forth in the preceding sections <br />of this chapter. <br />Kodiak Island Borough <br />Ordinance No. FY2010 -09 <br />Page 1 of 2 <br />