§ 20.84.640. Agency appeals.

A.

Actions that may be appealed. Whenever a Person believes an Agency has failed to properly consider the Person's application for assistance under this chapter, including but not limited to the Person's eligibility for, the method of determination of, or the amount of a relocation payment under this chapter, the aggrieved Person may file a written appeal with the Agency.

B.

Filing of Appeals.

1.

Time limit for initiating appeal. A notice of appeal shall be filed with the Agency within twenty (20) days following receipt of written notice of the Agency's determination. The Agency shall send a copy of any appeal filed to the City Department Head within seven (7) days after receipt of the appeal.

2.

Form of Appeal. The notice of appeal must contain a brief statement of the issues 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 Agency'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 Agency 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 appeal notice must attach a copy of all written documents and certifications or facts upon which the Person appealing is relying. The Agency may dismiss any appeal that fails to comply with these requirements after providing written notice to the Person filing the appeal requesting compliance within ten (10) days.

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 Agency shall permit a Person to inspect and copy all materials pertinent to the Person's appeal, except materials classified as confidential by the Agency, but may impose reasonable conditions in accordance with applicable law.

E.

Agency official to review appeal. The Agency official conducting the review of the appeal shall be either the Agency Head or his or her authorized designee. However, the official conducting the review shall not have been directly involved in the action appealed.

F.

Hearing Process. The Agency shall consider all written materials submitted by the Person, and all other available information obtained by the Agency after investigation.

G.

Decision. The Agency shall issue a written decision within thirty (30) days after submission of all of the documents required by subsection B. The written decision shall contain the reasons for the decision and the provisions for further appeal and shall be mailed to the Person appealing by first class mail with proof of mailing attached and a copy retained in the Agency's files. This decision is the final decision of the Agency.

H.

Appeal of Agency Decision. Any Person aggrieved by the final decision of the Agency may file an appeal with the Hearing Examiner, with a copy to the Agency, in accordance with the procedures in Section 20.84.225, except that any such further appeal must be filed with the Hearing Examiner within twenty (20) days of the date of the Agency's decision. The appeal will be conducted in accordance with the procedures for appeals under Section 20.84.225. Any judicial review shall be in accordance with Section 20.84.235.

(Ord. 121998 , § 29, 2005.)