§ 14A-3-311.2.3.1 — Hearing procedure

14A-3-311.2.3.1 Hearing procedure.

Upon receipt of a timely request for a hearing, the building official must initiate a proceeding before the Department of Administrative Hearings. Notice of the proceeding must be sent to the requestor in the manner specified by the Department of Administrative Hearings. If, after a hearing, the administrative law officer determines by a preponderance of the evidence that at the time of the hearing the structure is dangerous or unsafe, the administrative law officer must enter an order affirming the determination of the building official. If, however, the administrative law officer determines by a preponderance of the evidence that at the time of the hearing the structure is neither dangerous nor unsafe, the administrative law officer must enter an order reversing the determination of the building official. If the owner requests a hearing but fails to appear at the hearing, the owner is deemed to have waived the owner's right to a hearing and the administrative law officer may enter a default order in favor of the building official. In such case, the order is immediately final and is not subject to a petition to set aside as provided in Section 2-14-108. (Added Coun. J. 1-26-22, p. 43756, Art. I, § 3)