Ordinance 2000-91 - Laserfiche WebLink

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Sec. 38. Anneals Of Actions. Decisions Or Determinations Of The Director: Judicial Review. (a) Any Licensee who is aggrieved by any final action, decision or determination of the Director pursuant to this article may appeal to a Special Master. Appeal shall be initiated by filing a written notice of appeal with the Director within fifteen (15) days after the date of the action, decision or determination complained of. The written notice of appeal shall set forth the nature and date of the action, decision or determination to be reviewed and a brief summary of the grounds for the appeal. Upon such filing, an administrative hearing shall be scheduled and heard by a Special Master pursuant to Section 8CC of the Code of Miami- Dade County, Florida. The Special Master shall set the matter for hearing on the earliest practicable regularly scheduled hearing date or as soon as possible, but no sooner than ten (10) days after the request has been filed and shall cause notice of the hearing to be served upon the aggrieved party by first class mail. The notice may include, but not be limited to, the applicable Sections of 8CC-6(b )(2) through (9) of the Code of Miami-Dade County, Florida. The Special Master shall hear and consider all relevant facts in accordance with the procedures set forth in Sections 8CC-6(e), (f), (g), (i), (j), (k), (1), (m)(2), and (n) of the Code of Miami-Dade County (any reference in these sections to Inspector shall mean "Director" and to violator shall mean "the person filing the appeal"), and may affirm, modify or reverse the action, decision or determination appealed from. The decision of the Special Master shall constitute final administrative review and no rehearing shall be permitted. Nothing herein shall be construed to prevent or prohibit the Director from instituting any civil action or proceeding authorized by this Article at any time. b) The Director, or any Licensee who is aggrieved by any decision of the Special Master may appeal a final order of the Special Master by filing a notice of appeal in the Circuit Court in and for Miami-Dade County, Florida, in accordance with procedures and within the time provided by the Florida Rules of Appellate Procedure for review of administrative action. The words "action," "decision" and "determination" as used herein shall not include the filing or institution of any action, conference or proceeding by the Director in any court otherwise. (c) Any regulated person making the appeal shall be required to pay the Director a fee, to be established by administrative order of the City Manager, to defray the costs of preparing the record on appeal. Said fee shall be effective upon approval by the Commission. Telecommunications Right-of-Way Ord. LMD:ch/pwalker 4/5/00 - 12:41 PM 20