Request an administrative review from the Bureau of Environmental Services

Service

A Responsible Party may request a review or reconsideration of a City issued enforcement action, notice, or decision by submitting an administrative review request. A request must be received within 20 business days of the mailing date listed on the notice under appeal.

The one-page form will take 15-30 minutes to complete. After mailing the form, you can expect a response within 15 business days.

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What is an administrative review?

An administrative review is the first step in the administrative appeals process, where a Responsible Party may request a review and/or reconsideration of a City issued enforcement action, notice, or decision. The purpose of this review is to determine if City Code and Environmental Services administrative rules were applied accurately and consistently when issuing the enforcement action, discharge permit, written order, required actions, or penalty amount. A request may be denied if the items under appeal are considered non-reviewable or if the request is late or incomplete. Once the review has taken place, the City will typically issue a final determination letter within 15 business days that communicates the outcome of the appeal.

Appealing an Environmental Services notice or decision

Appealing an Environmental Services enforcement action, notice, or decision involves preparing arguments and supportive materials to present during the administrative review. An appellant must be able to demonstrate that Environmental Services did not follow its own City code or administrative rules for the review panel to reconsider a decision. Proposing a course of action to reach compliance may be negotiated in some cases with the Environmental Program who issued the original notice or decision. Arguments challenging the content or validity of City code and administrative rules are heard through City Council and will not be granted through this appeals process.

It’s highly recommended that the Responsible Party contact the Environmental Services employee who issued the original notice for questions on required actions, City code, program rules, and guidance on the prevention and correction of violations before requesting an Administrative Review.

Supportive materials

The burden of presenting evidence to support a claim is the responsibility of the presenting party (Environmental Services or Appellant). This review is the Responsible Party's opportunity to advocate for their position through supportive arguments and materials, additional facts, and evidence. These materials are not required to request an appeal and may be submitted before or during the scheduled review date. Supportive materials may include items such as official documents or notices, records of correspondence, permits, photos, receipts, certified logs, time-stamped items, Portland City Code, and Environmental Services administrative rules.

How does Environmental Services determine the outcome of an appeal?

Facilitators conduct an objective review of the case after the administrative review to arrive at an impartial outcome. The objective is to determine whether City code and administrative rules were applied accurately and consistently and if a basis exists to rescind or revise any aspect of the notice or decision under appeal. Once a decision has been reached, the Enforcement Program issues a final determination letter. There are instances where a case requires additional fact-finding, which may delay the delivery of a final determination.

If you do not agree with the outcome of an Environmental Services administrative review, you may further appeal by filing a request with the Code Hearings Office. Visit the Code Hearings Office webpage for more information.

Requesting and scheduling a review

Appellants must submit a completed request within 20 business days of the mailing date listed on the notice to be considered. Administrative review meetings are conducted virtually over Zoom. Materials and written statements may be submitted if an appellant is unable to attend. If an appellant fails to attend a scheduled administrative review without notification, the appeal is forfeited, and the City issues a final determination. Reschedules are limited to two and must be received no later than 24 hours in advance of the scheduled review.

Participants will receive a virtual meeting invitation from Environmental Services and a guide to virtual administrative reviews. Please notify the Enforcement Program in advance if you need an accommodation or are planning to attend by phone without video and internet capabilities. Submit the Administrative Review Request Form (found on this page below), or a letter containing the same information, and a copy of the notice under appeal to BESEnforcementProgram@portlandoregon.gov.

Decisions that are not reviewable

Some appeal requests may be denied because they have been identified in City code or program-specific administrative rules as non-reviewable. Administrative review of Environmental Service’s authority to regulate, impose penalties, set technical standards, or recover costs for City summary abatement of a violation will not be granted. Please refer to the specific Portland City Code and Environmental Services administrative rules cited in the notice for details on additional items that are not subject to review:

Portland City Code:

Environmental Services Administrative Rules:

How to submit a request for an administrative review

Step 1: Download and complete the form

Use this form to request a review of an enforcement action, notice, or decision from the Bureau of Environmental Services, Environmental Compliance Division.

Administrative Review Hearing Request Form 1.42 MB

Step 2: Mail or email the completed form

Email the completed request form to BESEnforcementProgram@portlandoregon.gov or post-mail it to the contact person listed on the notice you received. Email is preferred.