Request for Administrative Review. The recipient of an Administrative Citation may appeal the citation through Administrative Review with Animal Services. The recipient wishing to appeal must appear at the next regularly scheduled Administrative Review or file a written request for extension. The schedule of Administrative Reviews is available on the citation itself or on the Animal Services website. Failure to appear at the next regularly scheduled review or file a request for extension within ten (10) calendar days of receiving the citation, whichever is later, shall constitute a waiver of the right to request a review the Administrative Citation and may be deemed a forfeiture of the Animal in question.
Appellant shall bring to Review a written statement containing the following information:
A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;
An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;
The request for Administrative Review signed by the requesting party.
Administrative Review. The Administrative Review shall be held as follows:
Administrative Reviews shall be held on a schedule which is available on the Animal Services Website and printed on Animal Services citations.
Administrative Review Officer. The Administrative Review regarding the Administrative Citation shall be held before the Administrative Review Officer. The Administrative Review Officer shall not be the investigating Animal Control Officer who issued the Administrative Citation or his or her immediate supervisor.
Conduct of the Administrative Review. The investigating Animal Control Officer who issued the Administrative Citation shall not be required to participate in the Administrative Review regarding the Administrative Citation. The contents of the investigating Animal Control Officer's file shall be admitted as prima facie evidence of the facts stated therein. The Administrative Review Officer shall not be limited by the technical rules of evidence. If the person requesting the Administrative Review of the Administrative Citation fails to appear at the Administrative Review, the Administrative Review Officer shall make his or her determination based on the information contained in the written request for Administrative Review. The person requesting the Administrative Review may supply any additional evidence to assist the Administrative Review Officer in reaching his or her decision.
Authority to reduce fee and penalty amounts for sustained charges. If any or all charges on the Administrative citation are sustained by the Administrative Review Officer, he/she may provisionally dismiss any or all charges pending specified conditions, such as, but not limited to, no repeat offenses within a certain amount of time. If any conditions of the provisional dismissal are violated, the associated fees and penalties will become due. The Administrative Review Officer may alternatively reduce the fees and/or penalty amounts in the interest of justice, including where accrued fees and/or penalties would be a hardship or discourage return of an animal to its home.
Administrative Review Officer's Decision. The Administrative Review Officer's decision regarding the Administrative Citation following the Administrative Review may be personally delivered to the person requesting the Administrative Review or sent by first class mail. The Administrative Review Officer may allow payment of any administrative penalty in installments, if the person provides evidence satisfactory to the Administrative Review Officer of an inability to pay the penalty in full at one time. The Administrative Review Officer's decision shall contain instructions for obtaining review of the decision by the Director.
Appeal of Administrative Review Officer's Decision. If the recipient of an Administrative Citation disagrees with the Administrative Review Officer's decision upholding the issuance of the Administrative Citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the Administrative Citation to the Director as set forth in this section.
Notice of Administrative Appeal. Within five (5) business days following the mailing date of the Administrative Review Officer's decision regarding the Administrative Citation, the recipient of the Administrative Citation may contest that decision by submitting a written administrative appeal to the Director. The failure to submit the written appeal within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of administrative appeal shall be served in person or by first class mail upon Animal Services by the contestant.
Conduct of Administrative Review Appeal. An Administrative Review Appeals Officer shall hear the appeal. At the hearing on appeal, the Administrative Review Appeals Officer shall review the written decision of the Administrative Review Officer, any documents pertaining to the matter, offered summaries of the evidence, such transcript of testimony as may be furnished, and will hear such testimony as is relevant to the issues raised in the Notice of Administrative Appeal. The Administrative Review Appeals Officer will limit new testimony only to that which is raised in the Notice of Appeal. The Administrative Review Appeals Officer will not be subject to the rules of evidence.
Judgment. If the fine or penalty has not been deposited and the decision of the Administrative Review Appeals Officer is against the contestant, and is not appealed to the County Hearing Officer, the issuing agency may proceed to collect the fees and penalties pursuant to the procedures set forth in this ordinance, or in any other manner provided by law.
E. Appeal of Administrative Review Appeals Officer's Decision. If the recipient disagrees with the Administrative Review Appeals Officer's decision, the recipient may appeal to the County Hearing Officer as set forth in this section.
1. Notice of Appeal. The person who filed the administrative review appeal may appeal the decision of the Administrative Review Appeals Officer to the County Hearing Officer, as provided by Article 31 of Chapter 1 of Part I of this Code. An appeal to the County Hearing Officer shall be in writing and shall be filed with the Clerk of the Board of Supervisors within ten (10) calendar days after mailing of the notice of decision of the Administrative Review Appeals Officer. An appeal to the County Hearing Officer shall specifically set forth the grounds of the appeal. At the time of filing the appeal, the appellant shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the Board of Supervisors. The Clerk of the Board shall mail notice to the appellant of the date and time that the County Hearing Officer will hear the appeal, which date shall be not less than five (5) calendar days after the date of mailing the notice.
2. Conduct of Hearing. The County Hearing Officer shall hear the appeal in accordance with the provisions of Article 31 of Chapter 1 of Part I of this Code.
3. Judgment. If the fine or penalty has not been deposited and the decision of the County Hearing Officer is against the contestant, the issuing agency may proceed to collect the fees and penalties pursuant to the procedures set forth in this ordinance, or in any other manner provided by law.