§ 2.5-10. Appeal.

Any party aggrieved by a decision of the hearing officer pursuant to this chapter may appeal this determination to the Twenty-Fourth Judicial District Court of the Parish of Jefferson.

(a)

Appealable orders.

(i)

A final order is appealable and may be suspensive or devolutive.

(ii)

An appeal cannot be taken by a party who entered into a consent agreement or consent order.

(b)

Filing an appeal.

(i)

An appeal shall be instituted by filing, within thirty (30) days of the date the hearing officer signed the order, a petition for appeal, including requests for the Twenty-Fourth Judicial District Court (24th JDC) to set dates petitioner deems necessary relative to filing answers, briefs, memorandums, motions, and/or a hearing date, with the Clerk of the 24th JDC along with payment of costs required by the clerk of court for the filing of the appeal. The return date for the bureau of administrative adjudication to file the record including the transcript (if requested) is thirty (30) days from the date all costs are paid to the Clerk of the 24th JDC and the Bureau of Administrative Adjudication.

(ii)

The petitioner shall request service of the petition for appeal on the director of the appropriate enforcement agency or department through the parish attorney and the bureau of administrative adjudication through the named hearing officer at the office address.

(iii)

Service of the appeal shall not stay the enforcement and collection of the order unless the petitioner furnishes to the bureau of administrative adjudication, for deposit, security sufficient to assure satisfaction of the finding of the hearing officer relative to the fines and costs assessed and any costs of correcting the violation(s) within thirty (30) days of the date the hearing officer signed the order or within ten (10) days of the postmark on the notice of the estimated security cost letter mailed via certified mail, whichever is later. Extensions for payment of security to secure a suspensive appeal shall not be granted. Security may be waived in the case of those determined eligible to proceed in forma pauperis by the clerk of court.

(iv)

Upon receipt of the petition for appeal, the bureau of administrative adjudication shall calculate the estimated cost for preparing the record, cost of the transcript and security and submit in writing. Security includes hearing costs and/or estimated fines, cost of preparing the record and/or estimated costs to remediate the violation(s), the total of which shall serve as the cost required for a suspensive appeal. Failure of the petitioner to timely pay all costs due to the bureau of administrative adjudication and the Jefferson Parish Clerk of Court may result in the appeal being dismissed or becoming a devolutive appeal.

(v)

A suspensive appeal is an appeal that suspends the effect or the execution of an appealable order, and the security required is for the amount of the order including costs of remediation, hearing costs and fines.

(vi)

A devolutive appeal does not suspend the effects or execution of an appealable order. Security is not required. However, the hearing will not be transcribed and/or lodged with the record until estimated costs are paid for transcription to the bureau of administrative adjudication pursuant to the mailing of the estimated appeal cost letter.

(vii)

Estimated security costs are payable to Jefferson Parish for deposit in escrow with the department of finance.

(viii)

Should the cost for preparation of the record, transcript, suspended fines and/or remediation of violations exceed what was paid or quoted, a letter will be mailed advising of the additional costs due.

(ix)

The bureau of administrative adjudication shall have the duty of preparing the record and lodging the record and transcript with the 24th JDC on or before the return day. Failure of the bureau of administrative adjudication to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal unless it is for failure of the petitioner to pay estimated costs.

(x)

An extension of the return day shall be for cause only and does not include petitioners' failure to pay the estimated cost of transcribing the record. If the return day is extended, notice shall be given by the bureau of administrative adjudication via certified or registered mail to all parties.

(xi)

Should the transcript not be ready for lodging with the record, whether for failure of petitioner to pay transcript costs or other cause, the bureau of administrative adjudication shall file a notice or request for an extension of the return date advising that the record is ready for lodging except for the transcript, if requested, and the reason for not including the transcript with the record.

(xii)

Petitioner is responsible for all costs associated with the appeal including the cost to file the appeal and fees required by the clerk of court for lodging the record which may include the transcript and the file from the original hearing.

(xiii)

Costs for security including the suspended fines and cost of remediation and the transcript are an estimate, when the preparation of the record has been completed, the bureau of administrative adjudication shall, either refund to the petitioner the difference between the estimated costs and the actual costs if the estimated costs exceed the actual costs, or send a notice by certified mail to the petitioner of the amount of additional costs due, if the actual costs exceed the estimated costs. If the payment of additional costs is required, the petitioner shall pay the amount of additional costs within ten (10) days of the mailing of the notice.

(xiv)

Failure of the petitioner to pay the estimated cost for preparing the record including the transcript or the difference between the estimated costs and the actual costs, within the time specified, the hearing officer on his own motion or upon motion by the clerk or by any party, may request dismissal of the appeal and/or fines on the grounds of abandonment.

(xv)

After the petition for appeal has been filed, costs and/or security paid, the record lodged and, any, pleadings or briefs filed, a hearing shall be scheduled, if requested by petitioner, and all parties notified of the date, time and place of such hearing.

(xvi)

All records, original and/or supplemental, prepared for filing shall be certified and dated by the clerk. The certification shall include the date any transcript was received for inclusion in the record.

(xvii)

All transcripts completed for inclusion in the record shall be dated and certified by the person who prepares them,

(xviii)

Should the order of the bureau of administrative adjudication be upheld and affirmed, the parish attorney's office shall submit an actual costs letter or notice for per day fines or other monies that may be due to the petitioner for payment.

(Ord. No. 18860, § 1, 9-15-93; Ord. No. 21505, § 6, 2-6-02; Ord. No. 24427, § 2, 2-27-13; Ord. No. 24579, § 1, 9-18-13)