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Chapter 3.130 Administrative Appeals


- Note

(Chapter added by Ordinance No. 187151; effective September 1, 2015.)


3.130.010 Definitions.

For the purpose of this Chapter:

A.  “Administrative Act” means a final action, decision, determination, or order of Council, a bureau, department, or office.  Administrative acts do not include legislative acts of Council, any City employment action, decision, determination, or order, or any action, decision, determination, or order applying Title 33 of the Code.

B.  “Administrative Appeal” means appeals of administrative acts by appellants when the right to appeal is provided by Code or rule, and the Code or rule requires the appeal to be decided by a bureau, department, office, board, hearings officer, or Council acting in its quasi-judicial capacity.

C.  “Appellant” includes any person given the right to appeal an administrative act by Code or a rule.  As used in this Chapter, “appellant” does not include prospective, current, or former City employees contesting any administrative act related to their employment, employment benefits, application for employment, termination of employment, or internal complaint arising out of or connected with their employment.

D.  “Rule” means an administrative rule or bureau policy, as each term is defined in Section 1.07.020.  

E.  "Timely" means that written notice is provided to the appellant in accordance with the time period specified in the Code or rule providing for the right of appeal.  If the applicable Code or rule does not specify a time period, “timely” means that written notice is provided as soon as practicable after the right to request an administrative appeal is triggered but no later than:

1.  Three business days after the right to an administrative appeal is triggered, if the period during which the appellant may request an administrative appeal is less than 15 days; or

2.  Ten business days after the right to an administrative appeal is triggered, if the period during which the appellant may request an administrative appeal is 15 days or more. 


3.130.020 Timely and Adequate Notification of Right to Appeal Required.

A.  Timely and Adequate Notification Required.  When there is a right to appeal an administrative act through an administrative appeal, the bureau, department or office must provide timely notice to appellant in accordance with Subsection 3.130.020 B. 

B.  Form and Content of the Notice.  An adequate notice must:

1.  Be in writing;

2.  Provide a short, plain statement describing the underlying administrative act and the basis for the administrative act, including citation to the applicable Code provision or rule;

3.  Explain any right to request an administrative appeal, including:

a.  citation of the applicable Code provision or rule providing the right to appeal;

b.  the time limit for requesting an administrative appeal, specifying calendar or business days;

c.  the method for requesting an administrative appeal, including a City address and phone number;

d.  the cost, if any, for requesting an administrative appeal, including accepted payment methods and whether there is a low-income fee waiver; and

e.  disclosure of whether effect of administrative act will be stayed pending resolution of the requested administrative appeal. 

C.  A bureau, department or office may adopt a rule specifying when and how notice of the right to request an administrative appeal will be provided so long as it is consistent with Subsections A and B of this Section 3.130.020.