a. Administrative hearings. An applicant who receives notice that an application for a permit has been denied; an applicant who receives notice that a permit has been granted subject to conditions the applicant deems unacceptable; a user who receives notice of an assessment of a civil penalty under section 36-179(b); or a user who receives notice of the issuance of an administrative order under section 36-179(a)(4) (all of whom are hereafter referred to as "aggrieved applicant or user") shall have the right, upon filing written demand, to a hearing before a hearing officer designated by the director. In the absence of a designation by the director, the hearing officer may be the town manager or assistant town manager. Such written demand for a hearing shall identify with particularity the aggrieved applicant or user contesting the action; the specific permit provisions or conditions or other issues contested; the reasons for the objection; and any alternate provisions, conditions or terms the aggrieved applicant or user proposes. The written demand for a hearing shall be filed with the director within 30 days of the date of the notice of the action that is being contested. Unless such written demand is filed within the time specified herein, the contested action shall be final and binding and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated. The hearing officer shall conduct a hearing and make a final decision on the contested action within 45 days of the receipt of the written demand for a hearing. The director shall serve a copy of the hearing officer's decision (notice of the decision) on the aggrieved applicant or user in accordance with section 36-182. The decision is a final decision for the purposes of seeking judicial review. The terms and conditions of the permit under appeal shall be:
1. New permits. Upon appeal, including judicial review in the general courts of justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit shall be stayed and the permit shall not be in effect until either the conclusion of the appeals process or until the parties reach a mutually agreeable resolution.
2. Renewed permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the old permit shall remain in effect until either the conclusion of the appeals process or until the parties reach a mutual resolution; provided, however, that if an application for a renewed permit has been denied, it shall be treated as a new permit.
3. Terminated permits. Upon appeal, including judicial review in the General Courts of Justice, of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
b. Official record. When a decision by the hearing officer is appealed under section 36-188(c) below, the hearing officer shall prepare an official record of the case that includes:
1. All notices, motions, and other like pleadings.
2. A copy of all documentary evidence introduced.
3. A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken.
4. A copy of the final decision of the hearing officer.
c. Judicial review. Any person against whom a final order or decision of the hearing officer is entered pursuant to the hearing conducted under section 36-188(a) above may seek judicial review of the order or decision by filing a written request within 30 days after the date of the notice of the decision, but not thereafter, with the Superior Court of Wake County. A copy of the written request shall be served on the town, in accordance with the rules of civil procedure. Within 30 days after receipt of the copy of the written request for judicial review, the hearing officer shall transmit to the reviewing court the original official record, or a certified copy thereof, unless otherwise agreed to by the parties or ordered by the court.
(Ord. No. 2011-Code-09, 12-15-2011)