Office of the Hearing Examiner
The Office of the Hearing Examiner is a separate and independent office of the City of Tacoma created by Tacoma Municipal Code Chapter 1.23. The Office of the Hearing Examiner is charged with conducting fair and impartial administrative hearings in many types of cases identified in the Code including contested hearings on appeals and public hearings regarding proposed developments.
The Hearing Examiner’s decision in a case is often the City’s final decision on City actions.
Hearings and pre-hearing processes are governed by the Hearing Examiner Rules of Procedure for Hearings and Hearing Protocol for Appeal Hearings. Individuals must review these rules if they participate in an appeal.
The basic purpose of having a hearing examiner conduct hearings is to have a professionally trained individual make objective quasi-judicial decisions that are supported by an adequate record and free from political influences. No one may directly contact the Hearing Examiner to influence a decision. All information should be presented at the hearing.
Hearing examiners are particularly useful where the rights of individual property owners and the concerns of citizens require formal hearing procedures and the preparation of an official record.
It is the policy of the Hearing Examiner that all actions of the Office of the Hearing Examiner shall be free from discrimination based on race, color, sex, marital status, sexual orientation, political ideology, age, creed, religion, ancestry, national origin, or any sensory, mental or physical disability. No person shall be excluded from employment or lawful participation in the activities of this office based upon any of those conditions.
Hearing Examiner
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Meet the Hearing Examiner
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Hearing Examiner
Jeff Capell
As hearing examiner for the City of Tacoma, Jeff Capell oversees the processing of administrative appeals and conducts public hearings for a wide variety of cases. Typical hearings include land use appeals, tax and licensing disputes, derelict or substandard building appeals, utility billing disputes, land use enforcement appeals, and ethics complaints. He also conducts public hearings and recommends to the City Council on matters involving the formation and assessment of Local Improvement Districts, sidewalk repair assessments, and rezones. Additionally, he acts as the designee of the police chief in hearing civil forfeiture appeals arising from the seizure of cash or property used in connection with illegal drug activity.
The Hearing Examiner strives to provide parties a full and fair opportunity to present their arguments in the case before issuing a written decision or recommendation based upon the evidence and governing law.
Capell joined the City in 2009 as a Deputy City Attorney and worked in that capacity until being appointed to the office of Hearing Examiner in 2017. Before coming to Tacoma, Mr. Capell was a Senior Assistant City Attorney with the City of Bellingham, Washington, and has also been in-house counsel with Albertson’s, Inc., Kia Motors, Corp., and SK Corp.
Education
- J.D., Seattle University School of Law, cum laude
- M.A., Brigham Young University with honors
- B.A., Brigham Young University
Professional Memberships/Affiliations
- Washington State Bar Association
- Idaho State Bar Association
What Does the Hearing Examiner Do?
View official decisions for current and past hearings of the City of Tacoma’s Office of the Hearing Examiner.
Hearing Examiner Decisions
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Decision Date Case Name Decision Link 4/8/2025 LID 8644 LID 8644 Recommendation 4/2/2025 LID 8668 Addendum LID 8668 3/11/2025 Taylor Decision Taylor Decision 2/24/2025 LID8668 LID8668 2/20/2025 Venus Smith Smith Decision 2/6/2025 Proposed LID No. 7731 Proposed LID No. 7731 Decision 2/5/2025 Warner Street Amici House LLC. Warner Street Amici House Decision -
Decision Date Case Name Decision Link 12/11/2024 Veronica Montez Montez Decision 12/3/2024 Adrian Broussard Broussard Decision 11/26/2024 Copper Ridge LLC Decision-MDNS Appeal 11/26/2024 Copper Ridge LLC Decision-Preplat/CADP 11/26/2024 Copper Ridge LLC Decision-PRD Maj Mod 11/5/2024 Katherine Bennett Bennett Decision 10/2/2024 Toll Bros. Inc. Toll Bros. Inc. Preplat & CADP Decision 10/2/2024 Toll Bros. Inc. Appeal Toll Bros. Inc. Appeal Decision 9/18/2024 Bradken, Inc Bradken, Inc. Recommendation 7/24/2024 VBT Viridian Grove LLC VBT Decision 6/13/2024 Jannica Jones Scott Jones Scott Decision 5/15/2024 Katrina Barker Barker Stipulation and Order 5/2/2024 Drake Chisholm Chisholm Decision 4/17/2024 Textured Curlz LLC Textured Curlz LLC Decision and Order 4/12/2024 Richard Lee Richard Lee Order of Restitution 2/13/2024 LID8642 Final Roll LID8642
Information and Resources
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The below list shows the hearings currently scheduled for the upcoming two-week period. If there is no Zoom Meeting information listed yet, please check back later. We will typically have the Zoom Meeting link posted three days prior to the hearing date.
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Topic: Caryn West Forfeiture Hearing
Time: May 6, 2025, 01:30 p.m. Pacific Time (US and Canada)
Join Zoom Meeting
https://us06web.zoom.us/j/83906011713?pwd=JiPYR0gBdujz8A2XCbcplha8Fo9RSO.1
Meeting ID: 839 0601 1713
Passcode: Hearing
One tap mobile
+12532158782, 83906011713#, *1033155# US (Tacoma)
+12532050468, 83906011713#, *1033155# US
Dial by your location
- +1 253 215 8782 US (Tacoma)
- +1 253 205 0468 US
- +1 720 707 2699 US (Denver)
- +1 346 248 7799 US (Houston)
- +1 669 444 9171 US
- +1 719 359 4580 US
- +1 360 209 5623 US
- +1 386 347 5053 US
- +1 507 473 4847 US
- +1 564 217 2000 US
- +1 646 558 8656 US (New York)
- +1 646 931 3860 US
- +1 689 278 1000 US
- +1 301 715 8592 US (Washington DC)
- +1 305 224 1968 US
- +1 309 205 3325 US
- +1 312 626 6799 US (Chicago)
Meeting ID: 839 0601 1713
Passcode: 1033155
Find your local number: https://us06web.zoom.us/u/kdpbtlCbR6
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Topic: Anthony Greene Forfeiture Hearing
Time: May 13, 2025, 01:30 p.m. Pacific Time (US and Canada)
Join Zoom Meeting
https://us06web.zoom.us/j/81098518217?pwd=6bbWN7GuymzV8JRl5M32PiFWylaaHJ.1
Meeting ID: 810 9851 8217
Passcode: Hearing
One tap mobile
+12532158782, 81098518217#, *8248179# US (Tacoma)
+12532050468, 81098518217#, *8248179# US
Dial by your location
- +1 253 215 8782 US (Tacoma)
- +1 253 205 0468 US
- +1 720 707 2699 US (Denver)
- +1 346 248 7799 US (Houston)
- +1 669 444 9171 US
- +1 719 359 4580 US
- +1 646 931 3860 US
- +1 689 278 1000 US
- +1 301 715 8592 US (Washington DC)
- +1 305 224 1968 US
- +1 309 205 3325 US
- +1 312 626 6799 US (Chicago)
- +1 360 209 5623 US
- +1 386 347 5053 US
- +1 507 473 4847 US
- +1 564 217 2000 US
- +1 646 558 8656 US (New York)
Meeting ID: 810 9851 8217
Passcode: 8248179
Find your local number: https://us06web.zoom.us/u/kcjpH4DLXv
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The State and City have lifted in-person meeting restrictions due to the COVID-19 pandemic. Consequently, public attendance is required for hearings conducted by the Hearing Examiner’s Office that include public testimony (e.g., rezones, street vacations). Unless specified, these will occur in the City Council Chambers at the Tacoma Municipal Building, 747 Market Street. To increase attendance options, there will be a remote attendance option via Zoom.
Details can be found on this page. For appeal hearings (those without public testimony), attendance can be either in-person or remote, based on the parties’ agreement. Public members wishing to attend or provide testimony may submit written comments before the hearing or participate via teleconference using the Zoom app (available for free). For more information, contact the Hearing Examiner’s Office:
Phone: (253) 591-5195
Email: hearing.examiner@tacoma.gov
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The Hearing Examiner’s decision contains information on the time limits and methods of appeal for each decision.
An appeal or request for reconsideration must be filed within the specified time limit for the decision to receive further consideration. The postscript at the end of the decision indicates what opportunity there is for further review.
Most decisions must be appealed directly to the Superior Court. Usually, new evidence cannot be raised on appeal. All relevant evidence and arguments should be presented at the hearing before the Hearing Examiner.
Frequently Asked Questions
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The basic functions of the Hearing Examiner are similar to those of a judge. “Administrative Law Judge” and “Administrative Hearing Officer” are other titles for this position. During an appeal, the examiner is authorized to regulate the conduct of the hearing, administer oaths, issue subpoenas, decide procedural questions, receive evidence, hold conferences, and prepare decisions or recommendations to the City Council.
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The Tacoma Municipal Code 1.23.050 – Areas of Jurisdiction, authorizes the Hearing Examiner to hold hearings and decide many different types of appeals including:
- Land Use Decisions
- Local Improvement Districts (formation and assessments)
- Tax and License Code Appeals
- Ethics Complaints
- Property Forfeiture Hearings under the Uniform Controlled Substances Act (RCW 69.50.505(e))
- Street Vacation Proceedings
- Code Enforcement Appeals
- Wetland Development Permit Appeals
- Environmental Code Appeals
- Utility Billing Disputes
- Dangerous Animal Appeals
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Appeal hearings are more or less formal and are organized so that testimony and other evidence can be presented efficiently. Witnesses are called to stand by the parties to the appeal and testimony is given under oath. Members of the general public do not testify unless called as a witness by a party.
An appeal hearing typically includes the following steps:
- An introductory outline of the procedure by the Examiner
- Any preliminary matters
- Opportunity for opening statements
- Presentation of appellant(s) case, including any witnesses
- Opportunity for cross-examination of appellant(s) and witnesses
- Presentation of the City case, including any witnesses
- Opportunity for cross-examination of City staff and witnesses
- Presentation by the other respondent(s) and witnesses
- Opportunity for cross-examination of respondent(s) and witnesses
- Questions by the Examiner
- Rebuttal evidence, if any entry of stipulated exhibits
- Closing arguments
The Hearing Examiner may change the order of presentation at his or her discretion. Following the hearing, the Hearing Examiner prepares written findings of fact, conclusions of law and decisions which are forwarded to parties in the case.
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The Hearing Examiner holds a public hearing to gather information that will inform the Hearing Examiner’s final decision on a preliminary subdivision application, and the Hearing Examiner’s recommendation to the Council on the other types of actions such as Local Improvement District formation or Street Vacations. On all but preliminary subdivision applications, the hearing also forms part of the record that will be presented to the City Council for final decision.
Generally, anyone who wishes to be heard will have an opportunity to speak, but it may be necessary to limit the amount of time available to each speaker. Written comments are acceptable, and in the case of a Hearing Examiner’s recommendation, the comments become part of the record sent on to the City Council.
Following the hearing, the Hearing Examiner prepares findings, conclusions and a recommendation that is sent to the City Council along with all the exhibits and other materials in the hearing record. The City Council will often use these as the basis for its decision. For preliminary subdivisions, the Hearing Examiner issues a final decision. The Hearing Examiner’s recommendation, or final decision on a preliminary subdivision application, will be sent to the applicant, the appropriate City department and those who request a copy of the decision.
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You must prepare a written document that identifies the decision you are appealing and the reasons for your appeal and file it together with any required filing fee. Your appeal should include the following items:
- A copy of the Order or Decision you are appealing
- Your name and address (mailing and legal, if different) and, if applicable, the name and address of your representative
- A daytime phone number
- A brief statement about why you are appealing
- A statement of the relief you are seeking
For the Hearing Examiner to be able to consider an appeal, it must be received by the Office of the Hearing Examiner by 5 PM on the last day of the appeal period. The Hearing Examiner does not have the authority to change or extend an appeal period.
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The Office of the Hearing Examiner can answer procedural questions, explain the appeal process, and describe how hearings usually run and what to expect. It cannot assist with or give legal advice on how to put together your presentation, what questions to ask witnesses, whether to get a lawyer to help, etc., as this could be interpreted as advocating for your position.
During a hearing, if you are unsure of the procedure or what you should be doing, you can ask the Hearing Examiner to explain. Before and after the hearing, you should direct your questions to someone on staff other than the Hearing Examiner who is hearing the appeal. This is necessary to avoid the prohibition on communicating with the Hearing Examiner outside the actual hearing.
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By law, no one is to talk to the Hearing Examiner about the merits of an appeal except during the hearing. Talking with the Hearing Examiner outside of the hearing or pre-hearing conference is prohibited except for procedural matters. This is to prevent people from trying to influence the Hearing Examiner or add information that is not presented at a hearing where all parties can discuss and question it. (Such communications are referred to as ex parte contacts and are prohibited by law.) If questions or problems arise outside of the hearing, you should ask to speak to someone in the Office of the Hearing Examiner other than the Hearing Examiner assigned to hear the appeal. In certain situations, a conference call including all parties and the Hearing Examiner can be arranged to discuss important issues.
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Appeal hearings are legal proceedings, in that they are established by law and result in decisions that have legal force and effect. Some people involved in appeal hearings have lawyers to represent them, but many citizens and City agencies represent themselves. It is not necessary to have an attorney, and you don’t have to be an attorney to represent yourself in a proceeding before the Hearing Examiner. Nevertheless, representation by an attorney may be extremely helpful for complex appeals with difficult legal and factual issues.
To make the hearing process more accessible and “user friendly” for non-lawyers, the Hearing Examiner explains various aspects of the hearing during opening remarks and encourages procedural questions. In recognition of the importance of the issues to those involved, and the legal effect of the outcome, hearings do have a structured format. That structure and the Hearing Examiner’s control of the proceedings, help to ensure that all participants have a fair opportunity to present their points of view.
Contact
Please get in touch with us if you have questions or would like to learn about the appeal process or a specific case.