§ 2-150. Rehearing.

(a)

Either the code inspector or the violator may request a rehearing of the decision of the special master. A request for rehearing shall be made, in writing, and shall be filed with the special master within ten days of the execution of the order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the special master. The written request for rehearing shall specify the precise reasons therefore.

(b)

The special master shall make a determination as to whether or not to rehear the matter. If the special master determines to grant a rehearing, he or she may:

(1)

Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited to the specific reasons for which the rehearing was granted; or

(2)

Modify or reverse its prior order, without receiving further evidence, providing the change is based on a finding that the prior decision of the special master resulted from a ruling on a question of law which the special master has been informed was an erroneous ruling.

(c)

Until a request for rehearing has been denied or otherwise disposed of, the order of the special master shall be stayed and the time for taking an appeal, pursuant to this division, shall not commence to run until the date upon which the special master has finally disposed of the request for rehearing.

(Ord. No. 911, § 71-6, 7-6-2004)