Chapter 16.12
APPEALS
Sections:
16.12.010 Filing requirements.
16.12.010 Filing requirements.
(1) Any person issued a citation, notice and order, or stop work order may file a notice of appeal of such order with the department within fourteen days of the date of issuance.
(2) The request shall identify the citation, notice and order or stop work order being appealed and contain a brief statement of the reasons for seeking the appeal hearing.
(3) Any person named in a citation may appeal the citation by completely filling out the request for appeal on the back of the citation, signing the citation, and returning to the department within fourteen days of the date of service.
(4) A fee is required for an appeal as defined in Section 3.24.020. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.12.020 Procedures.
(1) The appeal hearing shall be conducted as provided for in the Chelan County rules of procedure for proceedings before the Chelan County hearing examiner, except that where specific provisions in this title conflict with the Chelan County rules of procedure for proceedings before the Chelan County hearing examiner, the provisions of this title shall govern.
(2) Such appeal hearing shall be conducted within sixty days after receipt of the request for appeal.
(3) Enforcement of any notice and order of the administrator shall be stayed as to the appealing party during the pendency of any appeal under this title, except when the administrator determines that the violation poses a significant threat to public health, safety and welfare and/or may cause immediate and/or irreparable harm.
(4) Enforcement of any stop work order of the administrator shall not be stayed during the pendency of any appeal.
(5) When multiple citations, notice and orders, or stop work orders have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed.
(6) If the hearing examiner finds that no violation has occurred, the appeal fee and civil fine shall be reimbursed. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.12.030 Final order.
(1) Following review of the evidence submitted, the hearing examiner shall make written findings and conclusions and shall affirm or modify the citation, notice and order or stop work order previously issued; provided, that the hearing examiner finds that a violation has occurred. The hearing examiner shall uphold the appeal and reverse the citation, notice and order or stop work order if the hearing examiner finds that no violation has occurred.
(2) The hearing examiner’s final order shall be conclusive unless proceedings for review of the decision are properly commenced in superior court within twenty-one days of the date of issuance of the order. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).