FY2010-09 Hearing Examiner for Borough Appeals1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2010 -09
Introduced by:
Requested by:
Drafted by:
Introduced:
Public Hearing:
Adopted:
Borough Assembly
Borough Clerk
Borough Attomey
06/10/2010
06/17/2010
06/17/2010
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING TITLE 16 SUBDIVISION CHAPTER 16.90 APPEALS TO THE ASSEMBLY
SECTION 16.90.100 HEARING EXAMINER AND TITLE 17 ZONING
CHAPTER 17.225 APPEALS TO THE BOARD OF ADJUSTMENT
SECTION 17.225.090 HEARING EXAMINER
WHEREAS, the Kodiak Island Borough Code (KIBC) provides no other guidance on the
qualifications or standards for a hearing officer under Sections 16.90.100 and 17.225.090
which have apparently been in effect since 1990 or 1991. There is likewise no guidance
under Alaska Statutes (AS) 29.40.050 which has been in effect at least since 1985; and
WHEREAS, in 2004, the Alaska Legislature authorized the creation of the Office of
Administrative Hearings in AS 44.64 which refers to the hearing officers in its department as
administrative law judges (ALJs); and
WHEREAS, among other things, AS 44.64.040 sets standards for ALJs; AS 44.64.050
establishes a code of conduct for them; and AS 44.64.060 sets procedures for hearings; and
WHEREAS, the following suggested changes would allow the borough to immediately
refer appropriate appeals to the Office of Administrative Hearings rather than first obtaining
an Assembly resolution;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part
of the Kodiak Island Borough Code of Ordinances; and
Section 2: Title 16 Subdivision Chapter 16.90 Appeals to the Assembly Section 16.90.100
Hearing Examiner is hereby amended as follows:
16.90.100 Hearing examiner.
Where the subdivider is the borough or a municipality, the appeal shall be heard and
decided upon by a hearing examiner.
. The clerk shall refer the appeal to the
Alaska Office of Administrative Hearings under AS 44.64.030(b). In rendering a decision, the
hearing examiner shall follow the rules and procedures as set forth in the preceding sections
of this chapter.
Kodiak Island Borough
Ordinance No. FY2010 -09
Page 1 of 2
50 Section 3: Title 17 Zoning Chapter 17.225 Appeals to the Board of Adjustment Section
51
52
53 17.225.090 Hearing examiner.
54 When the borough is either the applicant or appellant, the appeal shall be heard and
55 decided upon by a hearing examiner.
56 - - :tee - = - - - ... _ _ _ _ _ _ _ _ The clerk shall refer the appeal to the
57 Alaska Office of Administrative Hearings under AS 44.64.030(b). In rendering a decision, the
58 hearing examiner shall follow the rules and procedures as set forth in the preceding sections
59 of this chapter.
60
61
62
63
64
65
66
67
68
69
70
71 ATT _ T:
72
73
74
75
17.225.090 Hearing Examiner is hereby amended as follows:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTEENTH DAY OF JUNE, 2010
N • va M. Javier, M C, Borough Clerk
KODIAK ISLAND BOROUGH
e ' me M. Selby, Borou
Kodiak Island Borough Ordinance No. FY2010 -09
Page 2 of 2