§ 23.17. Request for Administrative Hearing/Hardship Waiver.

A.

Any responsible person served with a notice of administrative fine may request an administrative hearing before a hearing officer to contest the imposition and/or the amount of the administrative fine. The request must be made in writing and be filed with the Chief Engineer within ten (10) calendar days following service of the notice of administrative fine, and shall include a statement indicating the basis on which the responsible person(s) contests the imposition of the administrative fine, together with any evidence that the responsible person(s) want(s) the hearing officer to consider. The request shall also include the address of the responsible person(s) for the purpose of correspondence by the Chief Engineer and/or hearing officer.

B.

The written request for administrative hearing must be accompanied by a deposit equal to the full amount of the administrative fine as specified in the notice of administrative fine unless the responsible person(s) request(s) a hardship waiver pursuant to subsection C below. If no such waiver is requested, failure to deposit the amount of the fine concurrently with the request for administrative hearing shall constitute a waiver of the responsible person's entitlement to the administrative hearing. The hearing request and fine deposit shall be deemed filed on the date received by the Chief Engineer.

C.

A responsible person who requests an administrative hearing may also request a hardship waiver of the requirement to deposit the amount of the administrative fine prior to the administrative hearing. A hardship waiver request must be made in writing and filed with the Chief Engineer and must be accompanied by a sworn affidavit, together with supporting documents or materials, demonstrating the responsible person's financial inability to deposit the amount of the administrative fine. A hardship waiver request must be filed at the same time as the timely request for an administrative hearing.

D.

The Chief Engineer shall review any hardship waiver request and determine, in his or her sole discretion, whether or not to grant any such request and shall provide written notice by first class mail, postage prepaid, of his or her determination to the responsible person(s) at the address contained in the request for administrative hearing. If a request for hardship waiver is granted, the responsible person(s) shall not be required to deposit the amount of the fine prior to the administrative hearing. The granting of a hardship waiver shall not excuse the payment of the administrative fine upon a final determination that it is owed. If a request for hardship waiver is denied, the responsible person(s) shall deposit the amount of the administrative fine with the Chief Engineer within ten (10) calendar days following the date of the notice of the Chief Engineer's determination. Failure to make a timely deposit following the Chief Engineer's denial of a hardship waiver request shall constitute a waiver of the responsible person's entitlement to an administrative hearing.

E.

After receiving a timely hearing request and deposit or having acted on a timely request for a hardship waiver, pursuant to subsection D of this section, with respect to such deposit, the Chief Engineer shall schedule an administrative hearing. The responsible person(s) shall be given not less than ten (10) calendar days prior written notice by first class mail, postage prepaid, of the date, time, and place of the administrative hearing and the name of the hearing officer who will conduct the administrative hearing.

(Ord. 2013-0034 § 3, 2013.)