(A) A person aggrieved by a decision of the Department administering or interpreting this chapter may appeal the decision to the Commission, the Commission acting as the Appeal Authority for all decisions of the Department administering or interpreting this chapter.
(B) An appeal application shall be filed with the Department within ten calendar days of receipt of the Department’s written decision or interpretation.
(C) The appellant shall have the burden of proving that the Department’s decision administering or interpreting was incorrect and that the Department erred in making its decision or interpretation.
(D) (1) The scope of the Commission in rendering an appeal decision of the Department’s decision administering or interpreting this chapter shall be limited to the materials and information provided to the Department in the application.
(2) The Commission’s scope shall be those materials and information on the record with the Department. The Commission shall not consider any other materials and information not originally provided to the Department.
(E) The Commission shall determine whether the record on appeal includes substantial evidence for each essential finding of fact. The Commission shall:
(1) Determine the correctness of the Department’s decision administering or interpreting this chapter and application of the plain meaning of the applicable provisions of this chapter; and
(2) Interpret and apply the relevant provisions of this chapter in favor of the application unless the relevant provisions plainly require an alternative finding and decision.
(F) The decision of the Commission, acting as the appeal authority for Department decisions administering or interpreting this chapter is a quasi-judicial act.
(G) A decision of the Commission made under the authority of this section shall take effect on the date when the Commission passes a majority motion, on the record, affirming or denying the appeal application.
(Prior Code, § 25.13.020) (Ord. 20-03, passed 3-19-2020)