Sec. 5-30. - Hearing by director—Decision.

When a provision of this chapter requires that a hearing be conducted pursuant to this section, the hearing shall be conducted as follows:

(a)

At the time and place set for the hearing, the director shall consider the matter at issue. The director shall swear witnesses, hear testimony, and receive relevant written or documentary evidence. Additional procedural rules may be adopted by resolution of the board. The director shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing. If the director designates a deputy to conduct the hearing, the deputy shall not have had any direct involvement in the matter being heard. The director may decide all issues for or against the applicant, license holder, or owner of the animal, as the case may be, even if such person fails to appear at the hearing.

(b)

Within fifteen days after the hearing is closed, the director shall render a decision. The decision shall contain findings of fact and conclusions of law. The decision shall also set forth the right to appeal and the procedures for initiating and carrying out an appeal. A copy of the decision shall be mailed by certified mail to the applicant, license holder, or owner of the animal, as the case may be, and a brief summary of the decision shall be mailed by first class mail to all persons noticed pursuant to Section 5-22. A copy of the decision shall also be posted on a bulletin board in a public area of the county animal shelter and shall remain so posted for the duration of the appeal period specified in subsection (d) of this section.

(c)

The decision of the director shall determine whether the license shall be denied or revoked, or whether the animal shall be released to its owner or forfeited to the division and humanely destroyed by the division if necessary to protect the public health, safety and welfare. The director may make the release of an animal to its owner subject to such conditions as the director deems necessary to effectuate the purposes of this chapter and to protect the public health, safety and welfare. The director shall not authorize the destruction of an animal until after the appeal period specified in subsection (d) has expired or, in the event of an appeal, until ten (10) working days after the decision of the appeal hearing officer has been served upon the owner of the animal. In no event shall the director permit the destruction of an animal pending the conclusion of an appeal of the appeal hearing officer's decision to a court of competent jurisdiction. If the director determines that the impoundment of an animal was improper, the division shall bear all costs and expenses of impoundment.

(d)

The decision of the director shall be final ten (10) working days after it is mailed pursuant to subsection (b) of this section unless an appeal is filed pursuant to