SEC. 161.1002. APPEAL OF FEES AND PENALTIES.

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

Any person or entity aggrieved pursuant to Section 161.1001 A.1. of this Article concerning a fee or penalty imposed under Division 9 of this Article, except those associated with prosecutions, may file an appeal in accordance with this Section.

A. Requirements to File an Appeal. An appeal filed under this Section shall meet the following requirements:

Such appeals shall be made in writing on the form provided by the Department.
Such appeals shall be filed with the Department along with payment of any required appeal processing fee.
Such appeals shall be filed within 15 calendar days of service of the challenged fee or penalty except that, whenever the time for filing any appeal falls on a Saturday, Sunday or legal holiday, the time for filing the appeal shall be extended to the close of business on the next succeeding business day.
Such appeals shall include a copy of the contested fee or penalty notice or invoice.
The appellant shall specify the grounds for appeal as to any claimed error of law or fact or abuse of discretion.

B. Burden of Proof. In any appeal filed under this Section, the appellant shall have the burden of proving the basis of the appeal by a preponderance of the evidence.

C. Stay of Enforcement. The filing of an appeal under this Section shall stay enforcement of any disputed fee or penalty.

D. Decision. Upon timely receipt of an appeal filed pursuant to this Section, the Department shall review the appeal and issue a decision within 30 calendar days of the filing of the appeal or within such further time as may be required.

E. Final Administrative Decision. The Department’s decision issued pursuant to this Section shall be the final administrative decision.

F. Serving of the Decision. A copy of the appeal decision shall be served on the appellant by first class United States mail, postage prepaid or by personal service.

G. Good Cause Extension. In any appeal filed pursuant to this Section, the Department may, upon showing of good cause by the appellant, extend the time to file an appeal for up to 15 calendar days beyond the end of the original appeal period.