§ 33-283. Special magistrate.

(a)

Authority. The special magistrate shall be the only entity authorized to hear appeals of citations, decisions, or interpretations rendered by the administrator or sheriff pursuant to this division and consistent with the powers and authority granted to the special magistrate in Chapter 11, Article II of this Code.

(b)

Appeals. All citations, decisions and interpretations of the administrator or sheriff made pursuant to this division are final and binding until changed or altered by the special magistrate. An applicant for a decal or driver's permit, or any other aggrieved party, may appeal a citation, decision or interpretation rendered by the administrator pursuant to this division with the office of the special magistrate. Such an appeal must be filed in writing with the office of the special magistrate within ten (10) business days of the date of the citation, decision or interpretation. The office of the special magistrate shall set a hearing to be heard by the special magistrate within sixty (60) business days from the date of such citation, decision or interpretation. The applicant or aggrieved party shall be advised in writing of the date, time, and place of such hearing, mailed to the address on file with the administrator, no less than fifteen (15) business days prior to the date of the hearing. At the hearing, the burden of proof shall be upon the applicant or aggrieved party. Failure to file the notice of appeal within the ten (10) day period shall operate as a bar for review.

(c)

Decision of special magistrate. The special magistrate shall issue a written order either affirming or reversing, in whole or in part, the citation, decision or interpretation of the administrator or sheriff. All decisions of the special magistrate are final and binding.

(Ord. No. 2017-17 , § 1, 10-17-17, effective 1-1-18)