§ 23-108. Appeals; right of appeal.

(a)

Prior to the commencement of any appeal, any person aggrieved, with the exception of a person aggrieved under Section 23-117(a), shall, within fifteen (15) days of a decision, action, or nonaction by an authorized representative of the Department, make known in writing the basis of his complaint to the individual responsible for the decision, action, or nonaction, together with a request for review. If a satisfactory resolution cannot be reached within fifteen (15) days of the receipt of the written complaint, the person aggrieved may request a review of the decision by the next higher level of authority (as established by the Director).

(b)

Any person may file an appeal to the Board of Administrative Appeals within thirty (30) days (except for a Notice of Violation which shall require the appeal to be filed within fifteen (15) days) after the resolution period provided for in Subsection (a), above, or within thirty (30) days after the expiration of a thirty (30) day period allowed for such resolution. No appeal (with the exception of a Notice of Violation) shall be considered by the Board of Administrative Appeals until the person aggrieved has obtained a decision by the Director, or the thirty (30) day period for resolution has passed without such decision.

(CB-98-1989; CB-18-2013; CB-17-2018)

Editor's note

Section 4 of CB-17-2018 states that these provisions shall take effect on July 1, 2019.