10.50.110 Appeals of Administrative Decisions.
A. Appeals. Any affected employer may appeal administrative decisions of the Planning and Public Works Director or designee regarding modification of goals, modification of CTR program elements, and penalties to the Pierce County Hearing Examiner pursuant to Chapter 1.22 PCC, Pierce County Hearing Examiner Code. Appeals shall be filed within 30 days of the administrative decision.
B. Criteria. The Hearing Examiner will evaluate employers' appeals of administrative decisions by determining whether the department's decisions were consistent with CTR Law, Washington Administrative Code Chapter 468-63 and this Chapter. An appeal may be granted if the employer can show:
1. That the violation for which the penalty was imposed occurred for reasons beyond the control of the employer.
2. That the measures that the department directed the employer to incorporate into its CTR program are unlikely to reduce the proportion of SOV trips or VMT per employee.
C. Judicial Appeal. An affected employer may appeal any decision of the Hearing Examiner to the Pierce County District Court and any such appeal shall be limited to the record made before the Examiner.