Sec. 18-68. - Appeal and hearing process.

(a)

Notice of Right to Appeal. If the sheriff's office denies an application or renewal submitted pursuant to this article, or revokes, conditions, or suspends a permit or certification of exemption previously issued, it shall so notify the applicant in writing by mail. The writing shall include the reasons for the action taken and advise the applicant of his/her right to appeal the action within ten (10) calendar days of the date the notice was mailed. During the time an appeal is pending, the determination of the sheriff's office shall remain in effect.

(b)

Procedures to Appeal. Appeals under this section must be made in writing and identify the nature of the challenged action as well as the grounds for the appeal, and shall include copies of all relevant documentation. Appeals shall be submitted to the sheriff's office within ten (10) calendar days from the date of the mailing of the notice of the action taken. Failure of any person to timely submit an appeal shall constitute a waiver of the right to an adjudication of the issues. Appeals may be withdrawn at any time.

(c)

Administrative Hearing on Appeal. The sheriff shall designate a member(s) of the sheriff's office to serve as the appeal officer(s) to conduct an administrative hearing and make a determination on the appeal. Administrative hearings conducted under this section may occur in person or via telephone. At the administrative hearing, the applicant shall be provided with an opportunity to present evidence and arguments relating to the appeal. The applicant shall bear the burden of demonstrating that the action taken by the sheriff's office constitutes an abuse of its discretion pursuant to this article.

(d)

Response to Appeal. The appeal officer shall issue a written decision on the appeal within fifteen (15) calendar days after concluding the administrative hearing, and shall provide copies of such decision to the applicant by mail. If the appeal officer grants the appeal, the sheriff's office shall take all reasonable and necessary actions to effectuate the decision relating to the permit or certificate of exemption, but no money damages or other remuneration shall be due to the applicant. The appeal officer's decision on the appeal is a final agency action.

(Ord. No. 6029, § I, 4-23-2013.)