§ 278.515. Appeals.  


Latest version.
  • Any person aggrieved by any administrative decision of the building official to deny, revoke, suspend, cancel or not renew a certificate of competency may appeal by filing with the building official written notice of appeal setting forth the specific issue(s) on appeal within thirty (30) days of notification of the decision. The notice of appeal shall be accompanied by a non-refundable fee of one hundred dollars ($100.00). Upon receiving notice of appeal, the building official shall arrange for a hearing, which shall be held not less than ten (10) nor more than ninety (90) days from the date of receipt of the appeal. The building official shall provide the appellant with not less than ten (10) days' notice of the time and place of the hearing.

    Appeals shall be heard before a hearing officer who shall be an administrative law judge appointed by the chief administrative law judge of the Minnesota State Office of Administrative Hearings, pursuant to Minnesota Statutes, Chapter 14. The hearing shall be a trial de novo, conducted according to the rules for contested case hearings found in Minnesota Rules, Chapter 1400, and upon the evidence presented, the hearing officer shall affirm, modify or set aside the determination of the building official. The decision of the hearing officer shall be rendered in writing and shall contain the findings of fact and conclusions reached, and all parties shall be bound thereby.

    Any person aggrieved by the decision of the hearing officer may appeal to the Minnesota court having jurisdiction as provided by law.

    Costs of the appeal hearing, including fees charged by the office of administrative hearings and the expense of transcript preparation, but not including attorney fees of the opposing party, shall be paid by the non-prevailing party. (2004-Or-129, § 7, 11-5-04; 2013-Or-177, § 5, 12-6-13)