The procedure for challenging a decision of the Clerk to grant, deny, or revoke a Candidate's certification as a Participating Candidate is as follows:
(A) A Person aggrieved by the Clerk's decision may appeal to the Clerk within three days of the decision. The appeal shall be in writing and shall set forth the reasons for appeal;
(B) Within five days after an appeal is properly made, and after due notice is given to the parties in dispute, the City Hearing Officer shall hold a hearing whereby:
(1) the appellant has the burden of providing evidence to demonstrate that the Clerk's decision was improper; and
(2) the City Hearing Officer shall rule on the appeal within three days after the completion of the hearing;
(C) the parties in dispute may appeal the decision of the City Hearing Officer to the Board of Ethics and then to district court as provided by law; and
(D) Participating Candidates whose certification of participation is revoked on appeal may be required to return to the Clerk up to all money distributed from the Fund. If the City Hearing Officer or court finds that an appeal was made frivolously or to cause delay or hardship, the City Hearing Officer or court may sanction the moving party by requiring the party to pay the attorney's fees and administrative and/or court costs of the opposing parties.
(E) For the purposes of this section, “parties in dispute” includes the City.
(Amended by Ordinance No. 2019-019; Am. Ord. 2020-019; Am. Ord. 2022-042)