Notice of Infraction Appeal Process

HOW TO APPEAL A NOTICE OF INFRACTION

THE FOLLOWING REQUIREMENTS MUST BE MET TO INITIATE AN APPEAL: 

  1. Appeals go to Director of Multnomah County Animal Services Division, attention “Appeals Office”, 1620 SE 190th Avenue, Portland, OR 97233. (Mailing address only) 
  2. A $25.00 appeal fee must accompany all requests. 
  3. Multnomah County Animal Services must receive the written appeal, fees, and applicable deposits within thirty (30) days from the date the Notice of Infraction was served. 

IMPORTANT

FAILURE TO COMPLY WITH ALL APPLICABLE REQUIREMENTS UNDER THIS SECTION WITHIN THIRTY (30) DAYS OF BEING SERVED, THE NOTICE OF INFRACTION SHALL RESULT IN THE VIOLATION BEING FINAL. 

 

THE APPEAL HEARING 

  1. The ordinance provides that a Hearings Officer shall hold a public hearing on any properly filed appeal to the Director. 
  2. A hearing will be scheduled and interested parties will be notified of the date, time, and location of the hearing by mail. 
  3. The owner/keeper or any other person having relevant evidence concerning the incident in question is entitled to an opportunity to present testimony. 
  4. Any witnesses with evidence supporting the Director’s decision shall testify. The witness may be questioned by the Hearings Officer or by the appellant but cannot be compelled to answer. The Hearings Officer may consider the refusal of a witness to answer a question in determining the weight to be given the testimony. Then the appellant will present his/her evidence regarding the incident in question.
  5. The Hearings Officer and the Animal Control representative may question the witnesses. After the completion of all questioning, the Animal Control representative may present a closing argument. The appellant shall then be allowed to present a closing argument. 
  6. Appeals shall not be subject to the formal rules of evidence. Written documents and statements may be permitted. However, the Hearings Officer may determine how much weight to place on evidence based upon their evaluation of reliability and relevance of that evidence. 
  7. The Hearings Officer shall determine whether the infraction is founded. The Hearings Officer’s decision shall be based on the evidence presented. 
  8. The Hearings Officer shall issue an order (Findings of Fact) containing his or her determination which shall be final. The appellant may file a petition for review of the Hearings Officer’s decision in the Circuit Court of Multnomah County within sixty (60) days of the Hearings Officer decision, pursuant to the procedures set forth in ORS 34.101 to 34.100. 
  9. The record for the appeal shall consist of the entire contents of the Animal Control file regarding the classification decision. All exhibits submitted at the hearing shall be added to the record. Animal Control shall retain all evidence until after any applicable appeal period has expired at which time the exhibits shall be released upon demand to the identified person. All appeals are tape-recorded. Interested parties may purchase copies for $17.50 per tape per written request. 
  10. The complete administrative rules shall be placed on record with Animal Control and the Clerk of County Commissioners and be available to the public at all hearings.