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)