Part 3 — HEARING AND APPEAL PROCEDURES

A.

Upon determining the existence of any of the grounds for denial, suspension or revocation of a permit in accordance with Section 25.10.030 above, the director shall issue a written notice of decision to deny, revoke, or suspend the permit.

B.

The notice of decision shall state all the grounds and reasons upon which the denial, suspension or revocation is based.

C.

The notice of Decision shall be mailed to the applicant, or permittee at the address stated on the application, or permit or such other address as is on file or record with director. Alternatively, the notice of decision may be delivered personally to the applicant, or permittee or to the address given in the application, or permit.

D.

The notice of decision shall advise that the denial, suspension or revocation shall become final unless the applicant, or permittee files a written request for hearing before the director within the time period specified in Section 25.10.310.

E.

If such written request for hearing is not filed within the time permitted, the denial, suspension or revocation set forth in the notice of decision shall become final upon the expiration of the last day to file the written request for hearing.

(Ord. 25529.)

A.

A written request for a hearing before the director must be received by the director within fourteen calendar days of the date the notice of decision was mailed or delivered personally to the applicant or permittee.

B.

The director shall schedule a hearing which shall be held as soon as reasonably possible after receipt of a timely request for hearing.

C.

The notice of hearing shall be mailed or delivered personally to the applicant, or permittee not later than seven calendar days prior to the scheduled date of the hearing.

D.

At the hearing, the applicant, or permittee may provide any relevant evidence or testimony. The hearing will be conducted informally and the technical rules of evidence shall not apply.

E.

The applicant or permittee may be represented by another person.

F.

Issuance of a written notice of cancellation by an insurance company shall be prima facie proof at the hearing of the effective cancellation of an insurance policy.

(Ord. 25529.)

A.

After closing the hearing, the director shall render a decision sustaining, reversing or modifying the decision to deny, suspend or revoke the permit.

B.

A written decision shall be mailed or delivered personally to the applicant or permittee.

(Ord. 25529.)

A.

The applicant or permittee may file an appeal of the written decision of the director with the airport commission.

B.

The appeal shall be made by filing a notice thereof with the secretary of the airport commission within ten days of the date of the written decision of the director.

C.

The notice of appeal shall set forth the specific grounds for the appeal.

D.

The hearing before the airport commission shall be heard within a reasonable time thereafter, which time of hearing shall not be sooner than fifteen days nor later than sixty days from the date that notice of appeal is filed by applicant or permittee; provided, however, that the time of hearing may be extended upon good cause appearing therefor.

E.

The hearing before the airport commission shall be de novo. At the hearing, the director and the applicant or permittee may provide any relevant evidence or testimony. The hearing will be conducted informally and the technical rules of evidence shall not apply.

F.

The applicant or permittee may be represented by another person.

G.

If no appeal is filed within the time permitted in accordance with the provisions of this section and otherwise in compliance with the terms of this section, the decision of the director shall be final.

(Ord. 25529.)

A.

After closing the hearing, the airport commission shall render a decision sustaining, reversing or modifying the decision of the director.

B.

A written determination of appeal shall be mailed or delivered personally to the applicant or permittee at the address stated in the application or permit.

(Ord. 25529.)