§ 8A-397. Appeals and judicial review.  


Latest version.
  • (a)

    Any person, firm, corporation or other business entity regulated by this article who is aggrieved by any action, decision or determination of the Director, pursuant to this article may appeal, in writing, by filing a notice of appeal to a hearing officer appointed pursuant to Section 8CC-2 of the Code of Miami-Dade County within fifteen (15) days after the date of the action, decision or determination complained of. The notice of appeal shall be sent to the address indicated ont he action, decision or determination. The notice shall set forth the nature of the action, decision or determination to be reviewed and the basis for the appeal. The hearing officer shall specially set such appeal for hearing no later than at the earliest practicable regularly scheduled hearing date or as soon thereafter as possible, but no sooner than ten (10) days after the notice of appeal has been filed, and shall cause notice thereof to be served upon the person filing the appeal by first class mail. The hearing officer shall hear and consider all facts material to the appeal, in accordance with the procedures set forth in Sections 8CC-6(e), (f), (g), (i), (j), (k), (l), (m)(2), (n) of the Code of Miami-Dade County (any reference in these sections to Inspector shall mean "Director" and to violator shall mean "the person filing the appeal"), and may affirm, modify or reverse the action, decision or determination appealed from. The decision of the hearing officer shall constitute final administrative review and no rehearing shall be permitted. Nothing herein shall be construed to prevent or prohibit the Director from instituting any civil or criminal action or proceeding authorized by this article at any time. Customers shall not be deemed to be persons regulated by this article for the purposes of this section.

    (b)

    The Director, the Miami-Dade County Consumer Advocate or any person, firm, corporation or other business entity regulated by this article who is aggrieved by any decision of the hearing officer pursuant to this section may seek judicial review in accordance with the Florida Rules of Appellate Procedure. The words "action," "decision" and "determination" as used herein shall not include the filing or institution of any action, conference or proceeding by the Director in any court or otherwise. Customers shall not be deemed to be persons regulated by this article for the purpose of this section.

(Ord. No. 96-137, §§ 1, 2, 9-17-96)