Rule 9 Administrative Appeals Under R.c. 1901.181(C)(1)

Administrative Appeals Under R.c. 1901.181(C)(1)

(A) The Court has jurisdiction within its territory in any review or appeal of any final order of any administrative officer, agency, board, department, tribunal, commission, or other instrumentality that relates to a local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation, in the same manner and to the same extent as in similar appeals in the Court of Common Pleas.

(B) The following information must be included in the appeal

1. Name and Address of the Plaintiff

2. Name and Address of the Administrative Authority

3. Description of the Administrative Action being appealed

4. Date

5. Case/Report Number (if applicable)

6. Transcript (if applicable)

(C) Except as otherwise provided by specific rule, statute, or court order, in all cases originating in administrative bodies and appealed to this court, the appellant shall serve and file a brief on the date on which the record is filed. The appellee's brief shall be served and filed within 28 days of appellant’s brief. If no response is filed after 28 days, the Appeal will be presented to the Housing Judge for a ruling.

(D) The Notice and Appeal will be served personally via the Civil Bailiff’s Office.

(E) Unless otherwise ordered by the Judge, a ruling on the Appeal will be rendered without an oral hearing. If either party desires an oral hearing on the matter, one must be requested by written motion. This request will be presented to the Judge.

(F) If the Judge so decides, the administrative appeal may be referred to the Citizen's Dispute Settlement Program. For cases diverted to CDSP:

1. The first mediation session shall be set within 2-3 weeks after referral to CDSP.

2. The case remains with CDSP until a successful conclusion or mediation is no longer appropriate.

3. At the conclusion of the case, the mediated contract setting out rights and obligations of parties is filed by CDSP with the civil clerk's office.

4. If the case is not resolved through mediation, CDSP transfers the case back to the civil clerk's office for referral to the Judge.

5. The goal of CDSP is to assist parties in reaching a mutually satisfactory resolution.