Animal services enforcement appeals guide

What is this guide?

This guide summarizes the hearing examiner process for animal-related enforcement. It is meant to help laypersons, and carries no legal weight. The examiner invites questions.

Who is the examiner?

The examiner is appointed by the King County Council to hold hearings and issue decisions on appeals of Regional Animal Services of King County (RASKC) enforcement orders, such as violation notices, confinement orders, and removal orders. The examiner is a neutral decision-maker, like a judge. The examiner’s office works for the council, not for RASKC.

How about access?

Sign language interpretation is available, for free, by calling TDD Number (206) 296-1024.

Non-English language interpreters are available, for free. For those with travel barriers, contact the examiner to discuss alternatives, like appearing by telephone. Call (206) 477-0860 or email hearingexaminer@kingcounty.gov. Please make requests early in the process.

How do you start your appeal?

People who receive a RASKC enforcement order may appeal to have the examiner hear their case. There is no appeal fee, but the following three requirements must be met:

Timing

The deadline to submit your appeal is 24 calendar days after RASKC issues its decision. When RASKC posts an order on a door or hands it directly to someone, the clock starts ticking that day. When RASKC mails an order, the clock starts ticking on the date RASKC mails it, not on the date you actually receive it.

Delivery

Getting your appeal statement to a post office by the deadline is not sufficient. RASKC must actually receive your appeal by the deadline (and mail delivery often takes several days). Untimely appeals are barred—there is no flexibility. This may not seem fair, but it is the law. You can submit your appeal via mail or in-person (check https://kingcounty.gov/depts/regional-animal-services.aspx for office hoursHTML) at 21615 64th Avenue S, Kent, WA 98032, or email to RASKCappeals@kingcounty.gov (ask RASKC to confirm receipt).

Content

Your appeal must include:

1. Either a copy of the RASKC decision(s) you are appealing or the RASKC file number(s) and decision date(s);
2. A description of your interest in the case (for example, you are the animal’s owner);
3. The error(s) you think RASKC made in its decision (“It wasn’t my dog” or “It was my dog, but        ,” or “       didn’t happen,” or “happened, but,       ” etc.);
4. Specific reason(s) why you think RASKC’s decision(s) should be reversed (“My dog didn’t meet the code definition,” etc.) or modified (“The penalty is too high,” etc.);
5. How RASKC’s decision(s) harms or will harm you; and
6. What outcome(s) you seek (“Overturn the order,” or “Reduce the fine,” etc.).

While your appeal does not have to include all the evidence (like a document) you want to submit to support your appeal, it should include all the matters or issues you want to raise—see c) and d) above. If you are not sure about exactly what to say, make sure you still get an appeal, even if imperfect, delivered to RASKC by the deadline.

If you get your initial appeal to RASKC on time, the examiner has authority to later allow you, before the hearing, to modify or add to the issues you originally raised. But, the examiner has no authority to hear an appeal if your original appeal statement did not arrive at RASKC on time. Whatever you do, make sure RASKC receives your appeal by the deadline!

Filing a timely appeal does not prevent you from resolving your case without going to a hearing. It simply preserves your right to object to RASKC’s decision. Otherwise RASKC’s decision becomes final and unchallengeable once the appeal deadline passes.

Is mediation a possibility?

Mediation may be available. First check Examiner Rule V (link at end). To initiate mediation, make a written request early in the process. Mediation holds the most promise for animal noise cases, or where the specific incident is only the tip of a broader neighbor-versus-neighbor dispute.

What can you expect before a hearing?

At least two weeks before a hearing, the examiner will send out a notice. Read that notice carefully. It sets the day, time, and format (telephone, video, in-person, etc.) of the hearing. It often includes initial interpretations of the issues for hearing and thoughts on potential resolution. It sets deadlines for amending the issues you raised in your appeal statement (as described above) and for sending any information required before the hearing.

Two weeks before a hearing, RASKC submits to the parties and to the examiner a report summarizing the issues and providing most or all of the documents RASKC intends to offer as exhibits at the hearing. Read these carefully.

RASKC’s files on a case are public records; anyone wanting to review the entire file prior to the hearing may arrange this with RASKC (by email to pd.requests@kingcounty.gov or by calling

(206) 263-1977). Similarly, anyone may request examiner documents; examiner records are usually available electronically, typically at no cost.

Who can participate in the appeal process?

Normally, only RASKC and the person who filed the appeal are involved in matters like (re) scheduling a conference or hearing, setting deadlines, making or responding to motions, and in deciding what evidence to present, witnesses to call, and questions to ask in a hearing.

Others with an interest in the case may request “intervenor” status to become a party. Please review Examiner Rule X.B (link below) for information on requesting this. Intervenor requests are not automatically granted, but are reviewed on a number of specific criteria.

What typically happens at an appeal hearing?

What is the timing and format of the hearing?

The notice the examiner sends out will set the day, time, and format (telephone, video, in-person, etc.) for the hearing; read that carefully. Regardless of the hearing format, be on time, or you may forfeit your rights. Very occasionally, a prior hearing runs overtime and delays the next hearing’s start; if that happens, please be patient.

How will the hearing go?

• Because RASKC carries the burden of proof regarding any issues or matters you raised in your appeal, RASKC must go first. RASKC presents testimony and offers its documents, typically only those RASKC sent out two weeks before the hearing. Although examiners have a lower threshold for admitting evidence than courts do, you may offer specific objections to any documents. You may question any witness.
• Then, it is your turn to offer testimony and any documents; RASKC may raise objections and ask you questions. RASKC may also question any witness you present.
• For an in-person hearing, anyone wanting to introduce a document should bring at least three copies. (Check the examiner’s written notice for any pre-hearing deadlines.)
• Afterwards, each party has some time to respond to what the other party presented, followed by brief closing statements.
• At any time, the examiner may ask questions.
• All testimony must be under oath, which means the examiner swears in each witness.

How can I present the best case?

Carefully read the notice the examiner sends out. Effective testimony and argument often explain how a specific law applies to your case. Presentations can be in the form of notes, written statements, photographs, documentary records, and visual aids.

Statements offered during the hearing, under oath and subject to cross examination (questioning), are generally given the most consideration. You may present documents and testimony describing any work you have done to address the situation.

What about hearing records?

Your hearing will be recorded, and you may request a copy of the recording and any documents. Depending on the volume of data requested, there may be a duplication cost, although the examiner’s office maintains most records digitally.

What happens after the hearing?

Within ten business days (meaning weekends and holidays are excluded) of the hearing’s close, the examiner sends a final decision, which includes findings of fact based upon the hearing record and conclusions drawn from those findings. It may wholly grant the appeal, wholly deny the appeal, or do something in the middle (modify conditions, reduce fines, etc.).

Examiner decisions end with general information for how to appeal. The examiner can offer no additional instruction beyond that written information. It is an appellant’s responsibility to determine and meet the exact requirements for filing an appeal.

What is the proper way to communicate with the examiner’s office?

While you may contact the examiner with procedural questions, any questions or statements related to the substance of the matter should be raised at a conference or hearing, or made in writing and addressed to all parties. Examiner staff screen correspondence and calls to prevent prohibited contacts to the examiner from either party. In general, emails should be sent to hearingexaminer@kingcounty.gov and copied to RASKCappeals@kingcounty.gov.

How does the examiner ensure I have a fair hearing?

Examiners are independent of RASKC and do not give any deference to RASKC or to any other agency. Examiners may not hear appeals where they have financial interests, have pre-judged the issues, or may appear biased by a relationship to a party or property. A person with reasonable grounds to believe an examiner might be influenced by a factor outside the record should promptly bring that concern to the examiner’s attention.