If

you lose this, then they can talk about this.

But they won't.

But you know what I'm saying?

It's way way ahead of themselves because if you read the county one, you'll see the county.

Yeah.

All

right, good morning, everybody.

This is the time set for an appeal hearing of Spokane County Regional Animal Protection Services or Scraps determination in job number eight nine three four nine.

It is nine oh two AM October eighth.

In that job number, um the determination was uh issuance of a uh potentially dangerous dog determination.

And my name's J I Stone, Spokane Valley Hearing Examiner, pro tem my uh uh responsibilities as hearing examiner to hold meetings uh and receive evidence on the merits of various land use proposals and admail appeals of administrative decisions, and that would include scraps decisions like the one we're dealing with today.

Although I'm engaged by the city of Spokane Valley to serve in this capacity, my mandate is to remain neutral and issue my own independent decisions that are consistent with the law and with the evidence that I receive.

So we'll call him Yoshi for this hearing.

The appellant this morning is Cindy Deirdon.

Do we have Cindy Dearden present?

Okay.

Yes.

First, it starts with the hearing examiner's introductory statements, and that's what you're hearing right now.

Second, we'll have a presentation from Scraps.

Scraps can present their witnesses and evidence in support of their determination.

And that'll be followed by the appellants' witnesses and evidence.

Evidence can be submitted in the form of testimony today

or

as documents and things like that.

If you have those to submit, feel free.

Um, after the appellants presentation, I'll give uh scraps an opportunity to call rebuttal witnesses if they have any, um, which have to be you know specifically uh responsive to evidence that the appellant has brought in.

And then finally, I'll have an opportunity for closing arguments, although nobody's necessarily required to uh give an argument, just as uh, for example, the appellant in this case is not required to present evidence.

You can make an argument that's based

on

um uh evidence that you presented, or you can make an argument based on the lack of evidence.

Uh

that's because scraps has the burden of proof in this instance to establish by a preponderance of evidence that the animal is potentially dangerous.

Please keep a few things in mind throughout the hearing today.

First, I'll ask everybody to speak clearly into the microphones in front of you in order to preserve a quality record.

Testimony should be directed towards me, not towards other participants.

This is not an open question and answer session.

Witnesses, of course, can be questioned in order to draw out testimony that may be relevant to my decision, but not merely to satisfy yours or anyone's curiosity.

And you can direct procedural questions to me, but um, I should note that I am not here to give anyone legal advice, and so I will not necessarily answer all the questions that you might

have.

Um please keep your presentations concise and avoid repeating evidence that's already on the record.

And written evidence is certainly welcome, as I mentioned earlier.

Um I won't state a final decision today.

After the hearing concludes, I'll issue a written decision within 15 days, and my decision will either accept, reject, or modify the determined determination that a dog is potentially dangerous.

My decision is final unless it's appealed to the Spokane County Superior Court within 21 days of the date the decision is received.

If you haven't already done so, please take a moment to silence your cell phones, pagers, other devices like

that.

Okay,

are there any preliminary issues before we begin?

No.

Okay.

I think that's uh permissible under the municipal codes rules for hearing examiner procedures.

So Miss Bose, correct?

You remembered me.

You're

gonna uh part of your introduction is supposed to include going over the appearance of fairness doctrine and how you are going to handle the uh if if anybody was to say um they objected to something as not being fair.

Um I disagree that that is a mandatory part of the introduction, so we're gonna keep moving.

Is

that beneficial at all?

Can you guys speak into the mic, please?