Part 3 — HEARING PROCEDURES

A.

Upon determining the existence of any of the grounds for denial, suspension or revocation of a SIDA badge in accordance with Section 25.09.130 above, the Airport Security Coordinator (or designee) shall issue a written notice of decision to deny, revoke, or suspend the SIDA badge.

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 delivered to the applicant, or SIDA badge holder, utilizing any of the methods of service identified in section 25.09.080.

D.

The notice of decision shall advise that the denial, suspension or revocation shall become final unless the applicant, or SIDA badge holder, files a written request for hearing before the Director (or designee) within the time period specified in Section 25.09.210 below.

E.

If such written request for hearing is not filed within the time permitted in section 25.09.210, the denial, suspension or revocation set forth in the notice of decision shall become final upon the airport's close of business on the last day to file the written request for hearing.

(Ord. 30323.)

A.

A written request for a hearing before the Director (or designee) must be received within fourteen (14) calendar days of the date the notice of decision was mailed or delivered personally to the applicant or SIDA badge holder.

B.

The Director (or designee) 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 delivered to the applicant, or SIDA badge holder, utilizing any of the methods of service identified in section 25.09.080 no later than seven (7) calendar days prior to the scheduled date of the hearing.

D.

At the hearing, the applicant, or SIDA badge holder, may provide any relevant evidence or testimony. The Director (or designee) may consider any and all evidence deemed reliable, relevant and not unduly repetitious. The hearing will be conducted informally, and the technical rules of evidence shall not apply.

E.

The applicant, or SIDA badge holder, may be represented by another person.

(Ord. 30323.)

A.

After closing the hearing, the Director or designee shall render a decision sustaining, reversing or modifying the decision to deny, suspend or revoke the SIDA badge within 20 business days.

B.

A written decision shall be mailed or delivered personally to the applicant or SIDA badge holder.

C.

Following the service of a written decision after the hearing, a SIDA badge holder who is dissatisfied with the Director's decision may seek judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California, as the Director's written decision shall be the airport's final action on the matter.

(Ord. 30323.)

An applicant or SIDA badge holder's failure to appear at a scheduled hearing before the Director or designee in person, through a representative, or by written submission, except upon twenty-four (24) hours' prior notice to the Director or designee will result in denial of the challenge of the notice of decision, which will be a final action of the airport that is not subject to further administrative review; provided, however, that the Director (or designee) shall have the discretion, upon an applicant's or SIDA badge holder's showing of good cause, to excuse such failure to appear.

(Ord. 30323.)