A. Appeals Of Permit Decisions: The procedure for appeal of denial of a permit, or of the revocation, refusal to issue, refusal to reissue, or refusal to renew a permit shall be as follows:
1. The director shall provide written notice of any decision to deny an application for a permit required under this chapter to the applicant within thirty (30) days of receipt of the application, and shall provide written notice of any decision to revoke, refuse to issue, refuse to reissue, or refuse to renew any such permit to the permit holder as soon as practicable.
2. Whenever an application for a permit required under this chapter has been denied or revoked by the director, or the director has refused to reissue or renew such permit, the permit holder or applicant may file a written request for a hearing before the board within fourteen (14) days after the date of the notice of such decision. The board shall hold a hearing within thirty (30) days after receipt of the written request from the permit holder or applicant.
3. The scope of the hearing shall be limited to the issue of whether the director had a legitimate basis for the decision to deny, revoke, refuse to reissue, or refuse to renew the permit or application.
4. The hearing shall be informal and strict rules of evidence shall not apply. The applicant and the director may be represented by counsel, present testimony and evidence, and examine witnesses.
5. A decision shall be issued at the close of the hearing or within thirty (30) days thereafter. The board may refer the matter to the Kootenai County waterways advisory board, or any subcommittee thereof, for a recommendation at any time prior to the issuance of a decision. The board shall notify the applicant in writing of the decision within thirty (30) days after the close of the hearing.
6. The decision of the board shall be final.
B. Appeals Of Civil Penalties: Any civil penalty imposed as authorized under the provisions of this chapter may be appealed in the following manner:
1. A person who has received a citation for a civil violation, or his agent or representative, may file a written request for a hearing within fourteen (14) days after the date of issuance of the citation.
2. The director may seek to informally resolve the matter if the circumstances surrounding the issuance of the citation indicate that such resolution would be desirable, and if the person who received the citation is amenable to such resolution.
3. If the matter cannot be resolved through informal resolution, a hearing shall be held within seven (7) days after receipt of the written request from the appellant. The hearing officer shall be the director, or a designee thereof other than the person who issued the citation. The scope of the hearing shall be limited to the following issues:
a. Whether a violation did in fact occur; and
b. Whether the person who received the citation had any responsibility for the conduct which gave rise to the issuance of the citation.
4. The hearing shall be informal and strict rules of evidence shall not apply. The owner may be represented by counsel, present testimony and evidence, and examine witnesses.
5. A decision shall be issued at the close of the hearing or within seven (7) days thereafter. The Hearing Officer shall notify the owner in writing of the decision within seven (7) days after the close of the hearing.
6. The decision of the Hearing Officer may be appealed to the Board pursuant to such rules as it may establish. The decision of the Board shall be final. (Ord. 480, 2-10-2015; amd. Ord. 571, 10-19-2021)