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Staff recommends appeals of waiver denials go to Administrative Hearing Unit

Universal Design Work Group · August 7, 2024
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Summary

Staff proposed that appeals of waiver denials proceed through the county Administrative Hearing Unit (AHU) to provide quicker hearings (within 30 days) than court citations; the work group discussed codifying the authority and drafting amendments to allow AHU jurisdiction.

Staff recommended that appeals of waiver denials be handled by the county Administrative Hearing Unit rather than by civil citations sent directly to court. "We are recommending that the any appeal with respect to a denial of the waiver will go through our Administrative Hearing Unit," Paris said, noting AHU schedules hearings within about 30 days.

Paris said she discussed the change with the Office of Law and plans to draft code amendments (including to subtitle 12, division 15) to give AHU authority for these appeals. She said the AHU route is faster and gives the county more control over timing compared with sending civil citations to court.

Members did not object to the rationale; Paris asked for feedback as staff prepares draft language. The work group will review the proposed amendment when staff circulates the draft bill.