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Title 17G
Chapter 17G.050
Section 17G.050.350
 

Title 17G Administration and Procedures

Chapter 17G.050 Hearing Examiner

Article III. Appeal

Section 17G.050.350 Council Action on Appeal
  1. The council may affirm, reverse, modify or remand the decision of the hearing examiner.
  1. Reversal.
    1. The grounds for reversal are that the council, judging the application by the same standards and criteria as the hearing examiner, finds that the decision either:
      1. is entirely unsupported by the record; or
      1. contains an error of law or fact that, if corrected, would change the outcome.
    1. If the council reverses the decision of the hearing examiner, it sets forth its reasons in writing and makes written findings and conclusions to support its decision to reverse.
  1. Remand.
    1. The grounds for remand to the hearing examiner for further consideration are that the council finds either:
      1. that a substantial procedural error affecting the rights of an appellant was made; or
      1. that an appellant is seeking to enter information that was not previously available for reasons beyond the control of that party and that such information is more likely than not to affect the outcome.
    1. If the council remands the decision to the hearing examiner, it sets forth in a written order its reasons and the issues to be considered by the hearing examiner on remand.
    1. Within seven days of the date of the council’s written remand order, the hearing examiner mails notice of the council’s decision, the date, time and place of the remand hearing, and the issues to be considered, to all parties of record. The hearing examiner holds a public hearing, limited to the issues set forth in the council’s order, within twenty-eight days of the date of the remand order.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33578 Section 3