Part 2 — HEARING AND APPEAL PROCEDURE

A.

Upon determining the existence of any of the grounds for denial, suspension, or revocation in accordance with Section 6.02.130, the department head may issue to the permittee or licensee a notice of intended decision to deny, suspend or revoke the permit or license.

B.

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

C.

The notice of intended decision shall advise that the denial, suspension or revocation shall become final unless the applicant, permittee or licensee files a written request for hearing before the department head within the time period specified in Section 6.02.210.

D.

The notice of intended decision shall specify the effective date of the revocation or suspension of such permit or license.

(Ord. 24605.)

With regard to a permit or license issued by a department head:

A.

The written request for a hearing before the department head must be received by the department head within ten calendar days of the date of service of the notice of intended decision to deny, suspend or revoke the permit or license.

B.

The department head shall schedule a hearing which shall be held no later than thirty calendar days after receipt of a timely request for hearing.

C.

The department head shall serve a notice of hearing on the applicant, licensee or permittee not later than ten calendar days prior to the scheduled date of the hearing.

D.

At the hearing before the department head, the applicant, licensee or permittee shall be given the opportunity to present witnesses and documentary evidence.

E.

The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the department head deems reliable, relevant and not unduly repetitious may be

considered.

F.

Issuance of a written notice of cancellation of an insurance policy by the issuer of the policy shall be conclusive proof at the hearing of the effective cancellation of an insurance policy.

(Ord. 24605.)

A.

Within twenty calendar days after the hearing, the department head shall serve a written decision sustaining, reversing or modifying his or her intended decision on the applicant, licensee or permittee.

B.

The decision by the department head after hearing shall become final unless the applicant, licensee or permittee files an appeal before the appeals hearing board within the time period specified in Section 6.02.230.

(Ord. 24605.)

A.

If an applicant, licensee or permittee is dissatisfied with the written decision of the department head, he or she may file an appeal to the appeals hearing board.

B.

The appeal must be in writing on a form provided by the appeals hearing board and received by the secretary of the appeals hearing board within fifteen calendar days of the date of the department head's decision.

C.

The appeal hearing shall be conducted in accordance with the rules and regulations of the appeals hearing board.

(Ord. 24605.)

Editor's note— Ord. 27782, § 4, adopted June 13, 2006 (emergency ord.) and Ord. 27783, § 4, adopted June 20, 2006, repealed § 6.02.240, which pertained to opportunity to correct.

Editor's note— Ord. 27782, § 5, adopted June 13, 2006 (emergency ord.) and Ord. 27783, § 5, adopted June 20, 2006, repealed § 6.02.250, which pertained to summary suspension.