Peterborough By-law 21-112, s. 41 — Subject to section 40, the following rules and conditions apply to appeals to the Hearing Officer
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Subject to section 40, the following rules and conditions apply to appeals to the Hearing Officer:
- a) A Person’s right to appeal expires if it has not been exercised in the manner prescribed in paragraph
- b) before 4:30 p.m. on the tenth (10 ) day after the Licence Decision Notice, the Licence Revocation Notice or the Animal Control Order has been given to the Person.
- b) A right to appeal is exercised by:
- i) giving to the Licence Administrator written notice of the appeal that includes particulars of all grounds upon which the appeal is made; and by
- ii) paying any applicable Fee.
- c) The Licence Administrator will give to the Person no fewer than seven (7) days’ notice of the date, time and place of the hearing of the appeal.
- d)
Where the Person fails to appear at the time and place scheduled for a hearing of the appeal, the Person’s appeal is deemed to be dismissed and the Person must pay to the City any applicable Fee.
- e) Subject to paragraph d), the Hearing Officer may not decide the appeal unless the Hearing Officer has given each of the Person, the Licence Administrator and, as applicable, the Officer, an opportunity to be heard at the time and place scheduled for the hearing of the appeal.
- f) The Person is only entitled to be heard to the extent of the particulars included in the Person’s notice given pursuant to clause b)i).
- g) The Hearing Officer may
- i) respecting an appeal against a Licence Decision Notice or a Licence Revocation Notice, make any decision that the Licence Administrator could have made pursuant to this By-law; and may
- ii) respecting an appeal against an Animal Control Order, affirm it, vary its terms or rescind it and, in the case or affirmation or variation, may extend the time for complying with any or all of its terms.
- h) The decision of the Hearing Officer is final and not subject to review including review by any Court. Administrative Penalties
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Related sections
- 39 Where the Licence Administrator grants an exemption with conditions or refuses to grant an exemption, the Licence Administrator must give to the Person a Licence Decision Notice as soon as is reasonably practicable that includes, with necessary changes, the information prescribed by paragraphs 13.a), 13.b), 13.c) and 13.d)
- 40 AMP System By-law 20-073 applies to appeals to the Hearing Officer respecting administrative penalties issued pursuant to sections 43 or 44
- 42 AMP System By-law 20-073 applies to each administrative penalty issued pursuant to this By-law
- 43 Subject to section 44, each Person who or that contravenes this By-law is, upon issuance of a penalty notice in accordance with AMP System By-law 20-073, liable to pay to the City an administrative penalty of
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