Olmsted County board approves updates to administrative appeals ordinance, including higher filing fee

The Olmsted County Board of Commissioners approved revisions to the County Administrative Enforcement and Appeals Procedures Ordinance (Chapter 4000), adopting updated language and procedures and approving a fee structure meant to better cover county costs.

County staff explained the changes in a presentation that recapped discussion at the Administrative Committee on Oct. 22. Jenna Gilbertson of county staff said the draft modernizes department names and clarifies procedures that apply across functions such as right‑of‑way management, tobacco sales and liquor licensing. Tom Canan from the County Attorney’s Office described the updates as a consolidation of existing practices into clearer ordinance language.

The most consequential operational change discussed was a higher filing fee attached to the appeal process. Staff noted the fee in the current draft is structured as a $1,000 filing fee and said that historically the county’s costs for running administrative appeals were not being fully covered. Commissioners pressed staff on how the county would treat residents who cannot afford the fee; Gilbertson said the draft allows an option to split payment (half up front and half on the day of the hearing) but that the prior informal process for excusing or reducing fees had rarely been used and would require a formal, means‑based revision to remain in the ordinance.

Commissioners also asked about removing the option to seek review by the county board after a hearing officer decision. One commissioner observed that the draft appears to eliminate an intermediate administrative appeal to the county board and would send dissatisfied parties directly to the courts; staff responded this change reflects the county’s move toward using a professional hearing officer and a formal evidentiary record rather than routing appeals back to the board as a rehearing body.

After public comment was solicited and none was received, a motion to approve the proposed ordinance changes was made, seconded and carried by voice vote. Staff told the board they could bring back amended language if the board wanted to replace the flat filing fee with a means‑based approach.

The board’s action formalizes the updated appeals process in chapter 4000; staff indicated further drafting may be needed if the board opts to change fee waiver language or make other adjustments.

The board did not provide a roll‑call tally at the meeting; the change was adopted by voice vote and recorded in the minutes.

Next steps: staff said they can revise language to implement means‑based reductions if the board wishes and will return with updated ordinance language as directed.