§ 50-213. Relief from order issued following failure to appear.
Latest version.
Under this division, the hearing officer shall have discretion to, and in the furtherance
of justice may, relieve any person of any decision or order of abatement entered as
a result of a person's failure to appear at a hearing upon a written finding, based
on evidence submitted by the person seeking such relief, that the failure to appear
was the result of mistake, surprise, inadvertence or excusable neglect. Any application
for such relief shall be submitted to the hearing officer by the person seeking such
relief no later than seven days after the date of any decision or order of abatement
issued following a person's failure to appear at the hearing. After the passage of
seven days after the date of any such decision or order of abatement issued after
a person's failure to appear, the hearing officer shall have no power or authority
to grant the person relief from any such decision or order of abatement pursuant to
this section or otherwise. A timely request for relief under this section shall be
scheduled for a hearing by the hearing officer no later than 30 days after the application
for relief. If relief from the decision or order of abatement is granted pursuant
to this section, the hearing officer shall schedule and hold a hearing on the merits
no later than 30 days after the granting of such relief.
(Ord. No. 2002-04, § 2(16B.05.011), 5-8-2002)
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