Appealing an Administrative Citation

You have the right to appeal an administrative citation issued by the Denver Department of Public Health & Environment (DDPHE) if you believe that the citation was issued incorrectly or that you did not violate an ordinance. You may appeal by filing a petition for review with the Board of Public Health & Environment.

Here you will find additional information and answers to frequently asked questions about appealing an administrative citation.

How To File a Petition for Review

You must mail or hand-deliver a written petition to the Board of Public Health & Environment at 101 W Colfax Ave, Suite 800, Denver, Colorado 80202, Attn: Administrative Hearing Case Manager. A filing fee of $25.00 is required, payable to the Manager of Finance. The filing fee is non-refundable, even if the citation is dismissed on appeal. You must submit your petition within 30 days of the date the Administrative Citation was served. You are served with a citation on the date that it was either personally delivered to you by an enforcement official or the date on the Administrative Citation letter that you received in the mail.

No particular form is required, but a petition must:

  1. Be in writing.
  2. Be accompanied by payment of the non-refundable filing fee (as noted above).
    a. Cash, check, or money order will be accepted. If you pay by check, the check must be filled out correctly: in the correct amount; properly dated; made payable to the Manager of Finance; and signed by the authorized account holder. You may ONLY pay by credit card if payment is done in person.
  3. Include the information required in the Board Rules and Regulations Governing Hearings(PDF, 713KB):
  • A copy of the administrative citation. Do not include the original citation. Keep the original for yourself.
  • The administrative citation number. This number is located in the upper right hand corner of the citation and includes the letters “AC.”
  • Your statement of any factual or procedural errors and/or legal deficiencies on which you are basing your appeal. This statement is your written explanation of why you don’t think you violated the ordinance cited.
  • Your statement of the type of relief requested. This is your statement of what it is that you want the Board to do about your citation.
  • Your full name, address, email address and telephone number.
  • Your signature.
  • If you have a lawyer representing you, include:
    a. The name, address and telephone number of your legal representative authorized to represent you at the hearing; and
    b. The signature of your legal representative.

Frequently Asked Questions

What if I need more time to file?

An appeal must be timely. No extensions of time will be granted. If you do not file a petition to review with the Board of Public Health and Environment within the thirty (30) days, your appeal will be denied. You will have forfeited your right to appeal and the civil penalty assessed in the Administrative Citation will become immediately due and payable.

What if I don’t include all that’s required in a petition for review?

If you don’t include all the required information, your appeal will be denied. Board of Public Health and Environment will send you a denial letter noting the deficiencies in your petition.

If time is remaining in the thirty (30) day appeal period, you may reapply by correcting any deficiencies in your petition and filing again within the time remaining in the thirty (30) day period.

If you don’t re-file with a corrected petition or within the time remaining, you will have forfeited your right to appeal and the civil penalty assessed in the Administrative Citation will become immediately due and payable.

What happens after I file a petition for review?

Once a correctly filed petition is timely received by Board of Public Health & Environment, the Board will assign the appeal to an Administrative Hearing Officer (AHO) to hear the matter. A hearing date will be set. You will be given notice of when to appear to present your appeal at this hearing.

Where will the hearing take place?

All hearings are held virtually via Microsoft Teams.

What if I need to reschedule a hearing?

If you need to change the hearing date that has been sent to you, you must notify the Board in writing at least two (2) business days prior to your scheduled hearing date. Either mail or hand-deliver the written request to reschedule to the address noted above.

Can my fine be reduced for complying with any cited violation?

Some citation violations issued by Denver Animal Protection can be reduced or rescinded for demonstrating compliance. Please see the back of your citation or refer to the Rules and Regulations Governing Administrative Citations(PDF, 604KB) for more information.

Contact Us

If you have any questions concerning the appeal process, please contact the Administrative Hearings Case Manager for Board of Public Health & Environment:

 

101 W. Colfax Ave., Suite 800
Denver, CO 80202

 

Phone: 720-865-5366
Fax: 720-865-5530

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