§ 24-11. Appeals from actions or decision of the Director of the Miami-Dade County Department of Environmental Resources Management.
Latest version.
Any person aggrieved by any action or decision of the Director, may appeal to the
Environmental Quality Control Board by filing within fifteen (15) days after the date
of the action or decision complained of, a written notice of appeal which shall set
forth concisely the action or decision appealed from and the reasons or grounds for
the appeal. The Environmental Quality Control Board shall set such appeal for hearing
at the earliest possible date, and cause notice thereof to be served upon the appellant
and the Director. The Environmental Quality Control Board shall hear and consider
all facts material to the appeal, and render a decision promptly. The Environmental
Quality Control Board may affirm, reverse or modify the action or decision appealed
from provided that the Environmental Quality Control Board shall not take any action
which conflicts with or nullifies any of the provisions of this chapter, or applicable
federal or state law, or binding agreement between the County and any Federal or State
Agency governing any applicable law. The decision of the Environmental Quality Control
Board shall constitute final administrative review and no hearing or reconsideration
shall be considered. Any person aggrieved by any decision of the Environmental Quality
Control Board on an appeal shall be entitled to judicial review in accordance with
the Florida Rules of Appellate Procedure. The words "action" and "decision" as used
herein shall not include the filing of any action by the Director, in any court. The
Board shall not have jurisdiction to reconsider the subject matter of any appeal after
its final administrative determination for a period of six (6) months from the date
of the Board's final action, unless the Board determines that there has been a material
and substantial change in the circumstances; provided, however, any action taken or
decision made by the Director at any time may be reconsidered by the Director and
the Director may therefore modify any such action or decision.
