Hearing Notice and Request for Hearing

(a)   The County shall provide an opportunity for the dog keeper to receive a hearing. Except for otherwise provided, the County will provide notice of the hearing to the keeper pursuant to Jackson County Chapter 203.

(b)   If a dog is impounded pursuant to JCC 612.12 or the keeper is cited pursuant to JCC 612.11, the keeper of the dog shall be entitled to a hearing, unless specifically required otherwise, as follows:

(1)   The keeper of the dog must request a hearing in writing and deliver the request to the County Administrator no later than 5:00 p.m. on the second full business day after the notice of the dog impoundment.   If the second business day after impoundment occurs on a Saturday, Sunday or County holiday, the hearing notice shall be filed with the County Administrator and the supervisor of the Animal Control facility on the first business day thereafter.   The hearing request shall include the telephone number and address of the keeper.  It must be accompanied with a payment in advance of the cost of boarding the dog for no less than 15 days.

(2)   The keeper of the dog shall be served with actual notice of the hearing not less than three (3) days prior to the hearing.  Actual notice may be accomplished by mailing the notice of hearing by certified or registered mail to the address listed on the request for hearing submitted by the keeper or by personal service.  In no event shall the hearing be commenced later than the 15th day after impoundment.

(3)   The hearing allowed for in this section shall be held pursuant to JCC 612.15 unless the keeper is subject to penalties prescribed under ORS 609.990(4), in which case Oregon criminal procedure laws shall apply.

(4)   The decision of the hearings officer shall be the final decision of the County and is not appealable to the Board of Commissioners.

(5)   If the keeper fails to make a first appearance on a citation for a County Violation, or fails to appear at any other subsequent time set for hearing or other appearance, and after the hearings officer considered the facts as presented, the hearings officer may enter judgment against the keeper and impose any penalty otherwise provided for in this Chapter.

(6)   Notwithstanding JCC 612.07(c)(3), the dog shall not be euthanized until a full hearing, and a resulting determination is final unless the keeper fails to appear at the time set for the hearing or other appearance.

(Ord. 2001-2. Passed 5-23-01.)