(A) After an order of liability becomes final, the city department or agency, which initiated or prosecuted an administrative adjudication before the Administrative Hearings Bureau may file a written petition for relief from a final order of liability entered in error with the Bureau.
(B) The written petition must be filed and signed by the department or agency head of the initiating or prosecuting department or agency and must set forth facts alleging that the order of liability: was entered in error; is unsupported by the record; is inconsistent with applicable provisions of this Code; and should be vacated to avoid a miscarriage of justice. The authority to file and sign a petition under this section is expressly reserved to the department or agency head and may not be delegated to other department or agency officials or personnel.
(C) Upon the filing of a written petition by a department or agency head, the Bureau must schedule a hearing on the petition. The scope of the hearing is limited to the merits of the petition and may not be expanded to constitute a re-litigation of the underlying notice of violation.
(D) If a petition is granted, the final order of liability must be vacated. If an order is vacated under this section, the administrative hearing officer must enter an order extinguishing any lien that has been recorded for any debt due and owing as a result of the vacated order and direct the city to refund any fines or penalties paid pursuant to the vacated order.
(Ord. 810, passed 3-5-07)