§ 2-2-236. Right of homeowner to appeal staff determination of ineligibility.

(a)

Administrative review panel. An applicant may appeal the staff determination of ineligibility to an administrative review panel consisting of three (3) county employees appointed by the county administrator. The appeal shall be initiated by letter from the applicant to the county administrator and submitted within fifteen (15) days after issuance of the staff determination of ineligibility. The applicant may submit such additional documentation and evidence in support of the appeal as may not have reasonably been produced prior to the staff determination due the unavailability of such documentation or the amount of time available for providing such documentation. The administrative review panel may allow the applicant to appear and offer under oath any relevant testimony that may assist the panel in making its determination. The administrative review panel shall promptly notify the applicant of its final determination.

(b)

Final appeal before the board of county commissioners. Anyone wishing to appeal a determination of the administrative review panel may do so by submitting a written petition to the board of county commissioners within fifteen (15) days after a notice of the determination from the administrative review panel. The board of county commissioners may make its determination based upon the review of the initial application and documents, the written petition and a written response provided by the administrative review panel. The board, in its sole discretion, may grant the applicant a hearing, and notify the applicant of a time and date on which their appeal will be considered. The date shall be no sooner than seven (7) days after the filing of an appeal. The board of county commissioners shall not be required to consider any evidence or documents not presented for review by staff or the administrative review panel, but may, in order to fulfill the purposes of this article, request, and receive additional evidence and testimony in order to effectuate the purpose of this article.

(Ord. No. 92-26, § 6, 9-8-92)