§ 14-36. Appeals from actions or decisions.

(A)

Any person aggrieved by any action or decision described in Section 14-35(D)(1) and (2) of this Code may appeal to the Miami-Dade County Fire Prevention and Safety Appeals Board by filing with the Secretary of said Board a written notice of appeal within thirty (30) days after the date of the action or decision which is the subject of the appeal. Filing of a written notice of appeal shall not stay the effect of any such action or decision which is the subject to the appeal. The written notice of appeal shall set forth concisely the date and nature of the action or decision to be reviewed as well as the reasons or grounds for the appeal.

(B)

The Secretary of the Board shall set each such appeal for hearing at the earliest practicable Board meeting date available and shall provide written or oral notice of the hearing to the appellant and to the person whose action or decision is the subject of the appeal.

(C)

The Miami-Dade County Fire Prevention and Safety Appeals Board shall hear and consider all facts material and relevant to the appeal and shall render a decision as soon as reasonably practicable.

(1)

Relevant or material evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida.

(2)

Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath or affirmation.

(3)

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a decision of the Board unless it would be admissible over objection in civil actions.

(4)

The Chairperson of the Board or the attorney of the Board or a Notary Public shall have the power to administer oaths or affirmations.

(5)

Subpoenas may be issued by the Chairperson of the Board or another member of the Board designated by the Chairperson, upon the written request of any party or upon the Chairperson's or Board's own motion, to compel the presence of a witness or documents or other items at any proceeding of the Board authorized under this article.

(6)

The Chairperson of the Board or another member of the Board designated by the Chairperson, may permit discovery, on the written request of any party or upon the Board's own motion, by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure, including the imposition of sanctions, except contempt.

(7)

Any person subject to a subpoena may, before compliance and on timely petition, request the Board to invalidate the subpoena on the grounds that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material.

(8)

Any party or the Board may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued hereunder by filing a petition for enforcement in the Circuit Court of Miami-Dade County, Florida.

(9)

A party shall have the opportunity to respond, to present evidence and argument on all issues involved, conduct cross-examination and submit rebuttal evidence.

(10)

When appropriate, the general public may be given an opportunity to present evidence. If the Board intends to consider such evidence, then all parties shall be given an opportunity to cross-examine, challenge, and rebut the evidence.

(11)

When official recognition is requested, the parties shall be notified and given an opportunity to examine and contest the matter requested to be officially recognized.

(12)

All decisions of the Board shall be in writing, shall set forth the reasons for the decision, and shall be signed by the Chairperson of the Board or other member of the Board designated by the Chairperson or in the absence of the Chairperson, a member of the Board designated by the Board.

(13)

All decisions of general application that are rendered pursuant to Section 553.73, Florida Statutes, as amended from time to time, shall be indexed by the Secretary of the Board by building and fire code sections and shall be available for inspection and copying during normal business hours.

(D)

The decision of the Miami-Dade County Fire Prevention and Safety Appeals Board shall constitute final administrative review and no rehearing or reconsideration shall be considered.

(E)

Any person aggrieved by any decision of the Miami-Dade County Fire Prevention and Safety Appeals Board on an appeal may seek judicial review in accordance with the Florida Rules of Appellate Procedure.

(Ord. No. 87-89, § 3, 12-15-87; Ord. No. 16-89, § 3, 9-7-16)

Note— Formerly Section 14-48 of the Code.