(a) Time limit for contesting citation or fine. If, after any citation or fine is issued by the Department under this chapter, the person wishes to contest the citation or fine imposed, the person has fifteen working days from receipt of the citation or fine within which to notify the Department that he intends to contest the citation or fine. If within fifteen working days from receipt of the citation and fine issued by the Department the person fails to notify the Commissioner that he intends to contest the citation or fine, and no notice is filed by any employee or representative of the person under subsection (b) of this section within such time, the citation and fine, as assessed, shall be deemed a final order of the Department and not subject to review by any court.
(b) Administrative officer. The Department shall appoint at least two Administrative Officers who are competent in the laws set out in this chapter to hear and review appeals of citations and fines. The Administrative Officer is an officer of limited powers. The Administrative Officer may not change the existing laws under this chapter nor may the Administrative Officer increase the maximum fines imposed under this chapter.
(1) To hear and decide all matters referred to it from the Department;
(2) To hear and decide appeals made by any person or persons severally or jointly aggrieved by any citation or fine imposed by the Department. The Administrative Officer may reverse, affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination, as in his opinion ought to be made, and to that end shall have all powers of the officers from whom the appeal is taken.
(c) Rules of procedure of the Administrative Officer. The Department shall adopt, from time to time, such rules and regulations as it may consider necessary to carry into effect the provisions of this chapter, and except as otherwise provided for in this chapter, the regulations shall include, among other things, procedure for conduct of hearings, forms to be used in the submission of notice of appeal, times when hearings shall be held, and the forms of written reports and findings of the Administrative Officer.
(d) Time for hearings. The Department shall fix a reasonable time for hearings, giving due notice thereof, but in no case may a hearing on a particular matter be held later than sixty 60 days after the filing of a notice of appeal with the Department on that matter.
(e) Decisions. Decisions of the Administrative Officer take effect when rendered, and a copy of the decision must be filed with the Department.
(f) Action of the Administrative Officer final. The action of the Administrative Officer is final, unless an appeal is taken to the Superior Court of the Virgin Islands no later than 30 days after the date upon which the applicant was officially notified of the Administrative Officer's final action. No case may be reopened, nor may any application be accepted constituting the same appeal involving the same citation and fine.
(g) Rehearing. The Administrative Officer may grant a rehearing upon any appeal, if any application for such rehearing which includes new evidence to be presented which was not considered by the Administrative Officer at the hearing, is made to the Administrative Officer no later than 30 days after the date upon which the applicant was notified of the Administrative Officer's original action. Only one application for rehearing may be made in any case.
(h) Minutes and findings of the Administrative Officer. The Department shall keep minutes of the hearings before the Administrative Officer, recording the action of the Administrative Officer. The Department shall also keep records of the Administrative Officer's examinations and other official actions, all of which must be filed promptly with the Department and must be open to public examination at reasonable hours. All findings and actions of the Administrative Officer must be in writing and must set forth the reasons for the action taken irrespective of what action was taken. Findings must be complete, detailed and in specific terms setting forth the reasons for the decisions and must go beyond such generalities as “in the interest of public health, safety and general welfare”. In every instance, a statement of the facts upon which such action is based must appear in the minutes.
(i) Assistance to the Administrative Officer. The Administrative Officer may call upon other governmental departments for assistance in the performance of his duties and it is the duty of such departments to render such assistance as may be reasonably required.