4-07-2300 - Administrative Review of Administrative Citation

  1. Request for Administrative Review. The recipient of an Administrative Citation may appeal the citation by filing a written request for Administrative Review with Animal Services. The written request for Administrative Review must be filed within ten (10) calendar days of the service of the Administrative Citation as set forth in subsection C above. Failure to file a written request for Administrative Review within this time period 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. The written request for Administrative Review shall be submitted on County forms and shall contain the following information:
    1. A brief statement setting forth the appellant's interest in the proceedings;
    2. 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;
    3. 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;
    4. The request for Administrative Review must be signed by the appellant.
  2. Administrative Review. Upon a timely written request by the recipient of an Administrative Citation, an Administrative Review shall be held as follows:
    1. Notice of Administrative Review. Notice of the Administrative Review regarding the Administrative Citation shall be given at least five (5) business days, including Saturday, before the hearing date to the person requesting the Administrative Review. The notice may be personally delivered to the person requesting the hearing or may be mailed by first class mail to the address listed in the written request for Administrative Review.
    2. 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.
    3. 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.
    4. 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 the 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.
  3. 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.
    1. Notice of 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 appeal to the Director along with any applicable fees. 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 appeal shall be served in person or by first class mail upon Animal Services by the contestant.
    2. Conduct of Hearing. A Hearing Officer shall hear the appeal. At the hearing on appeal, the Hearing 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 Appeal. The Hearing Officer will limit new testimony only to that which is raised in the Notice of Appeal. The Hearing Officer will not be subject to the rules of evidence.
    3. Judgment. The Department shall retain the appeal fee regardless of the outcome of the appeal. If the Hearing Officer finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the Department of Animal Services. Any deposit of the fine or penalty shall be refunded by the department of animal services in accordance with the judgment of the Hearing Officer. If the fine or penalty has not been deposited and the decision of the Hearing Officer is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this ordinance, or in any other manner provided by law.