19.03.20 Recourse from Actions Taken by the Hearing Examiner

1. Any person adversely affected by any decision of the Hearing Examiner may file a petition with a Court of competent jurisdiction for a review of that decision. Any such appeal or petition shall be barred unless it is filed within 30 days of the date when the decision becomes final, which is the date said decision is signed and dated by the Examiner. The petition shall be limited to a review of the record to determine whether the decision was arbitrary, capricious, or illegal. 2. The Hearing Examiner shall transmit to the reviewing court the complete record of its proceedings, including applications, exhibits, minutes, findings, and any audio recordings which may be on file with the City Recorder. If there is a record, the review of the Court is limited to the record, and the Court may not accept or consider evidence outside of the record unless it determines that there is an insufficient or inadequate record. If there is no record, the Court may call witnesses and take evidence. 3. The Court shall affirm the decision of the Hearing Examiner if the decision is supported by substantial evidence in the record and is not illegal. 4. Filing a petition for review with the Court does not automatically stay the decision of the Hearing Examiner. a. Before filing the petition for review with the Court, the aggrieved party may petition the Hearing Examiner to stay his or her decision. The Hearing Examiner shall take action on any petition to stay only in a meeting where proper notice was given. Upon considering such petition to stay, the Examiner may grant the stay if it finds such to be in the best interests of the City. b. After filing a petition for review with the Court, the petitioner may seek an injunction staying the decision of the Hearing Examiner. 5. No decision of the Hearing Examiner shall be subject to rehearing by the Examiner, except when remanded from a court of competent jurisdiction.