30.85.210 Notice of violation optional reconsideration procedures.
(1) Any party to the appeal of a notice of violation may submit a written petition for reconsideration to the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The party seeking reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties to the appeal on the date of filing. Enforcement of a hearing examiner decision and order and any penalty accruing thereunder shall be stayed during the pendency of a petition for reconsideration.
(2) The grounds for seeking reconsideration shall be limited to the following:
(a) The hearing examiner exceeded the hearing examiner’s jurisdiction;
(b) The hearing examiner failed to follow the applicable procedure in reaching the hearing examiner’s decision;
(c) The hearing examiner committed an error of law;
(d) The hearing examiner’s findings, conclusions, and/or other elements of the decision, are not supported by the record; and/or
(e) New evidence is discovered which could not reasonably have been discovered prior to the hearing and which is material to the decision.
(3) The petition for reconsideration shall:
(a) Contain the name, mailing address, and daytime telephone number of the party seeking reconsideration or their representative, together with the signature of the party seeking reconsideration or their representative;
(b) Identify the specific findings, conclusions, and/or other elements of the decision for which reconsideration is requested;
(c) State the specific grounds upon which relief is requested; and
(d) Describe the specific relief requested.
(4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if such person is reasonably available.
(5) The hearing examiner shall provide written notice of the request for reconsideration to all parties to the appeal within five calendar days after receiving said petition.
(6) Within 15 working days after the date on which the hearing examiner received the request for reconsideration, the hearing examiner shall issue a written decision (i) denying the petition for reconsideration, (ii) granting the petition for reconsideration in whole or in part, or (iii) requesting additional information, comments and/or oral argument from the parties prior to rendering a decision on the petition for reconsideration.
(7) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).