Administrative Appeal Hearing Process

An administrative appeal hearing for a Municipal Code violation, City-issued license suspension or revocation, or other department-final decision or ruling, is a formal process where an individual or business can contest the action before a neutral hearing officer or board, present evidence and arguments, which will ultimately lead to a decision upholding or overturning the action. 

Frequently Asked Questions

What is an Administrative Appeal Hearing?
  • An administrative appeal hearing is a quasi-judicial process where an individual or business can challenge a City department-level decision or ruling, or cited violation of the Elk Grove Municipal Code.  
  • An administrative appeal hearing provides the appellant an opportunity to present evidence and arguments to a neutral hearing officer to demonstrate that the violation or action should be overturned or modified.
  • The administrative appeal hearing is meant to be a formal process, with rules and procedures that ensure fairness and due process, but is generally less formal than a traditional court trial. 
     
Who Conducts the Hearing?

The Elk Grove Municipal Code sets forth the qualifications and requirements for administrative hearing officers, and the specific person or hearing body conducting the hearing will vary depending on the type of violation or action. Most commonly used are administrative hearing officers that are City employees from a department which has no involvement in code enforcement, someone hired from an organization which provides hearing officers, or someone appointed by the City Attorney.

What Happens at the Hearing?
  • Both the City and the appellant will have the opportunity to attend the hearing, and present evidence and arguments to support their case.
  • The administrative hearing officer will consider the evidence and arguments presented and issue a written decision. 
     
What are the Possible Outcomes?

After considering the testimony and evidence submitted at the administrative appeal hearing, the administrative hearing officer will issue a written decision upholding, overturning, or modifying the City’s action.

How to File a Request for Appeal

For administrative appeals requested under Elk Grove Municipal Code Chapter 1.11, the following process must be followed:

  • You must file a written request for appeal and pay the appeal fee, unless a fee waiver is granted, at the time of filing the request for appeal with the City Clerk’s Office located at City Hall 8401 Laguna Palms Way Monday through Friday, 8am to 5pm within 15 days of receipt of the Notice or Citation specified in the relevant municipal ordinance code chapter Appeals 1.11.
  • To appeal a City of Elk Grove administrative citation, you must follow the procedures outlined in Elk Grove Municipal Code (EGMC) Chapter 1.11, which includes the process for filing a request for appeal, scheduling a hearing date, and having the matter heard by an impartial Appeals Hearing Officer. 
     

Appeal Hearing Process Steps

  1. Filing a Request for Appeal:

    • The request should clearly state the decision you are petitioning and the reasons for your appeal. 

  2. City's Review and Rejection:

    • The City will review your request for appeal and determine whether it is valid. 
    • If the City rejects the request, it will provide you with written notice of the rejection and the reasons for it. 

  3. Setting the Hearing Date, Time, and Place:

    • If the City accepts your request for appeal, it will set a date, time, and place for the administrative appeal hearing.
    • You will receive notice of the scheduled hearing, including the date, time, and place, and the name of the Appeals Hearing Officer. 

  4. Qualifications of Appeals Hearing Officers:

    • Administrative appeal hearings are conducted by unbiased and impartial Appeals Hearing Officers.
    • The City of Elk Grove entered into an agreement with California Hearing Officers, LLP (CHO) for administrative appeal hearing services. 

  5. Conducting the Hearing:

    • The Appeals Hearing Officer will conduct the hearing in accordance with the procedures outlined in EGMC Chapter 1.11. 
    • You will have the opportunity to present your case and evidence. 

  1. Administrative Appeal Decision:

    • After the hearing, the Appeals Hearing Officer will make a decision on the appeal.
    • The decision will be in writing and will state the reasons for the decision. You will receive a copy of the written decision from the Appeals Hearing Officer within 2-3 weeks of the hearing.

  2. Judicial Review:

    • You may have the right to seek judicial review of the administrative appeal decision.
    • The procedures for judicial review are outlined in EGMC Chapter 1.11. 

  3. Failure to Comply with Administrative Appeal Decision:

    • If you fail to comply with the administrative appeal decision, the City may take enforcement action.
    • The procedures for enforcement action are outlined in EGMC Chapter 1.11. 

  4. Deferral or Waiver of Appeal Fees:

    • The City may allow for deferral or waiver of appeal fees in certain circumstances. Contact the Office of the City Clerk 
    • The procedures for deferral or waiver of appeal fees are outlined in EGMC Chapter 1.11. 
    • The appellant may be required to equally share hearing costs with the City outlined in EGMC Chapter 1.11.070 (A).  
    • Appeal Hearing Fees are non refundable once a hearing has been scheduled and a hearing officer selected. 

  5. Record of Hearings:

    • The City will keep a record of all administrative appeal hearings.
    • The record of hearings will be available for public inspection. 

  6. Questions

    • Please contact the Office of the City Clerk (916) 478-3635 if you have any questions regarding the Request for Appeal Hearing process.  
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