§ 16-95. Appeals.

(a) 

If the First Selectman issues a notice of violation, the First Selectman shall send written notice of action and a statement of the right to an appeal to the facility operator or facility owner.

(b) 

The facility operator or facility owner may appeal a notice of violation to the First Selectman by setting forth in writing the reasons for the appeal within 15 calendar days after date of the notice of violation.

(c) 

The facility operator or facility owner may appeal the decision of the First Selectman to the hearing officer as follows:

(1) 

The facility operator or facility owner may file a written request for a review by paying an appeal fee of $25 and setting forth the reasons for the appeal within 20 calendar days after the date of notification of the decision from the First Selectman. Appeal fees shall be returned to the appealing facility operator or facility owner if the appeal is upheld.

(2) 

The hearing officer shall conduct a hearing within 30 calendar days of the receipt of the request. The hearing shall be informal in nature. The person requesting the hearing may testify concerning the facts, circumstances and nature of his/her appeal and may present supporting documentation. The hearing officer shall render a written decision within 15 calendar days of the hearing. The decision will affirm or reverse the decision of the First Selectman.

(d) 

Filing of a request for appeal shall stay the action by the First Selectman requiring payment of a surcharge until the hearing officer has completed his review. If a request for appeal is not made within the twenty-calendar day period, the action of the First Selectman is final.

Ord. of 10-4-10, § 15