(a) A party may file an appeal within 28 days after entry of the decision and order by the Hearing Officer. An appeal of a final decision and order of an Administrative Hearing Officer is to the Circuit Court.
(b) An alleged violator who appeals a final decision and order to Circuit Court shall post with the Administrative Hearings Bureau, at the time the appeal is taken, a bond equal to the fine and costs imposed. A party who has paid the fine and costs is not required to post a bond. If a party who has posted a bond fails to comply with the requirements of Supreme Court rules for an appeal to the Circuit Court, the appeal may be considered abandoned, and the Bureau may dismiss the appeal on seven days’ notice to the parties. The Administrative Hearings Bureau must promptly notify the Circuit Court of a dismissal, and the Circuit Court shall dismiss the claim of appeal. If the appeal is dismissed or the decision and order are affirmed, the Administrative Hearings Bureau may apply the bond to the fine and costs. An appeal by the City must be asserted by the City’s Attorney and a bond is not required.
(c) An appeal to Circuit Court shall be a review by the Court of the certified record provided by the Administrative Hearings Bureau. Pending appeal, and subject to the bond requirement, the Hearing Officer may stay the order and any sanctions or costs imposed. Once an appeal is filed, and subject to the bond requirement, the Court may stay the order and any sanctions or costs imposed. The Court, as appropriate, may affirm, reverse, or modify the decision or order, or remand the matter for further proceedings. The Court shall hold unlawful and set aside a decision or order of the Hearing Officer if substantial rights of an alleged violator have been prejudiced because the decision or order is any of the following:
(1) In violation of the Constitution or a statute, Charter, or ordinance.
(2) In excess of the authority or jurisdiction of the agency as conferred by statute, Charter, or ordinance.
(3) Made upon unlawful procedure resulting in material prejudice to a party.
(4) Not supported by competent, material, and substantial evidence on the whole record.
(5) Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion.
(6) Affected by other substantial and material error of law.
(Ord. 3772, passed 6-28-2010)