§ 8-29.29. Appeal Procedure.

a.

Any employer who wishes to appeal the assessment of penalties or disapproval of an ETR Plan may do so. The request for appeal must be made, in writing, to the TSM Committee within thirty (30) days of notification of penalties. A written appeal automatically suspends the accrual of penalties for the matters appealed; however, an appeal fee as established by resolution shall accompany the request for appeal to cover the cost of processing. The TSM Committee shall evaluate the appeal and make a recommendation to the City Council at the next available Council Meeting as to whether the penalties should be waived. A waiver, if granted, shall be in effect for one (1) calendar year.

b.

The City Council of the City of Alameda may preside over the hearing on appeal, or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence, and submit to the City Council findings and recommendations to be considered by the City Council of the City of Alameda. The City Council shall render its decision within forty-five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final.

c.

If the City Council of the City of Alameda finds that an appeal or any portion of an appeal does not prevail, the penalties assessed for the matters at the basis of the appeal shall automatically resume from the date the request of appeal was received.

(Ord. No. 2670 N.S. § 2)