§ 20.84.225. Hearing Examiner appeals.

A.

Actions that may be appealed. Whenever a Person believes a Department has failed to properly consider the Person's application for assistance under this chapter or when a Person believes that an Agency has improperly decided an appeal under Section 20.84.640, including but not limited to the Person's eligibility for, the method of determination of, or the amount of a relocation payment required under this chapter, the aggrieved Person may file a written appeal with the Hearing Examiner. (For appealing Agency decisions, see Section 20.84.640.)

B.

Filing of Appeals.

1.

Time limit for initiating appeal. A notice of appeal shall be filed with the Hearing Examiner, with a copy to the Department Head, and any filing fee established by the Hearing Examiner paid, within sixty (60) days following receipt of written notice of the Department's determination.

2.

Form of Appeal. The notice of appeal must contain a brief statement of the issue(s) on appeal, the specific objections to the decision being appealed along with supporting facts and documentation, the relief sought, the reason(s) why the Person appealing believes he or she is aggrieved by the Department's decision, and the reason(s) why the Person appealing believes the appeal should be granted. The notice of appeal must list the address of the property involved, the name of the Project or Program if known, the Department making the decision being appealed, the name of the appellant, and the signature, address, phone number, and fax or e-mail address if available, of the Person appealing or the Person's authorized representative. The Hearing Examiner may dismiss any appeal that fails to comply with these requirements after providing the Person a written notice requesting compliance within ten (10) days. Except as provided above, the Hearing Examiner shall consider a written appeal regardless of form.

C.

Right to representation. A Person may be represented by legal counsel or other representative in connection with an appeal, but solely at the Person's own expense.

D.

Review of files by Person making appeal. The Department shall permit a Person, upon request, to inspect and copy all materials pertinent to his or her appeal, except materials determined to be exempt from disclosure under applicable law, but may impose reasonable copying charges and other reasonable conditions in accordance with applicable law.

E.

Hearing Procedures. The appeal and hearing process shall be conducted in accordance with the Hearing Examiner Rules of Practice and Procedure for contested cases.

F.

Standard of Review. The Person appealing has the burden of proving by a preponderance of the evidence that the Department's decision was incorrect.

(Ord. 121998 , § 14, 2005.)