§ 416-4.808. Hearings.

(a)

Any person upon whom an administrative fine is imposed by the department may request a hearing pursuant to the procedures set forth in this section. The appellant must file a written appeal with the department within fifteen calendar days after the service date of the notice of fine. The written appeal must contain:

(1)

A brief statement explaining who the appealing party is and what interest the appealing party has in challenging the imposition of the fine; and

(2)

A brief statement of the material facts that the appellant claims supports his or her contention that no administrative fine should be imposed or that an administrative fine of a different amount is warranted.

(b)

Notice of the hearing will be served on the appellant and the complainant, if any, as specified in Section 416-4 .816. The department will set the hearing no sooner than twenty days and no later than forty-five days following the service date of the notice of hearing.

(c)

The hearing of an administrative fine imposed for violations of this division will be heard by the hearing examiner.

(d)

At the hearing, the appellant and complainant, if any, will be given the opportunity to testify, and present written and oral evidence.

(e)

An appellant's failure to appear at the hearing shall constitute an abandonment of any defense the appellant may have to the administrative fine.

(f)

Where applicable, a complainant's failure to appear at the hearing shall constitute an abandonment of the complaint and shall be grounds for a dismissal of the administrative fine.

(g)

After considering the testimony and evidence submitted at the hearing, or after the appellant or complainant has failed to appear at the hearing, the hearing examiner will issue a written decision to uphold, modify, or cancel the administrative fine and will list in the decision the reason or reasons for that decision. The decision will be served as specified in Section 416-4.816.

(Ord. No. 2017-12, § II, 6-6-17)