14.40.050 Appeals.
(1) All final decisions under this title and administrative orders shall include instructions on how to submit a written appeal.
(2) A final decision or administrative order made pursuant to this title is appealable under the following process:
(a) The applicant shall send a notice of their intent to appeal to the Director within five days of the issuance of the final decision or administrative order. The notice need only identify the appellant’s identity and the final decision being appealed. The Director shall immediately inform the Council and legal department of the appeal.
(b) Within 14 days of notice of the appeal by the Director, the Council, with recommendations by the legal department, Planning, Natural Resources, and THPO, shall designate an Administrative Judge to decide the appeal. The Administrative Judge shall be a person with reasonable experience, expertise, and education to fulfill their duties.
(c) The Administrative Judge shall immediately inform the applicant of their designation as arbiter of the appeal and shall instruct the appellant on the following submission deadlines of their appeal:
(i) No later than 14 days after the issuance of a final decision under this title, the appellant shall submit a brief argument no longer than five pages, double-spaced outlining why they believe the decision should be amended or overturned. The Administrative Judge shall issue a written decision on the appeal no later than 60 days after submission of an appeal.
(3) The Administrative Judge shall send their written opinion to the Council and the Samish legal department upon its completion. If the Administrative Judge recommends overturning the original final decision, the Council shall consider such opinion but may retain the prior decision at their discretion. The final decision by the Council after appeal to the Administrative Judge may not be appealed further. [Res. 2023-09-004 § 1, 2023; Res. 2021-11-001 § 7 (Att. A), 2021. Formerly 14.90.060.]