(a) Generally. Within 30 days after receiving an appeal, petition, or a request for a hearing authorized under this article, the Commission shall convene to hear the matter. The person requesting the hearing shall be notified of the date, time, and place of the hearing.
(b) Hearing procedures.
(1) A person shall have right to counsel before the Commission.
(2) The hearing date may be postponed:
(i) by the Chief on written request by either party at least five days before the scheduled hearing date for good cause shown; or
(ii) by the Commission on the hearing date if the requesting party appears and presents good cause for a postponement.
(3) The hearing shall be open to the public.
(4) The Commission may admit all relevant evidence without regard to the formal rules of evidence.
(5) All witnesses shall testify under oath or affirmation administered by a designee of the Commission.
(c) Findings and recommendations. The Commission's duties for citations are governed by § 12-4-308. Within 15 days of a hearing on anything other than a citation, the Commission shall submit written findings and recommendations to the Chief. Within 15 days of receipt of the recommendation, the Chief shall issue a final decision, and the final decision shall be served on the owner as provided by § 12-4-102.
(d) Appeals. When appeals are considered by the Commission, the Chief may initiate corrective or enforcement action other than action relating to suspension, denial, or revocation of licenses authorized by this title.
(e) De novo appeal. The Chief's decision under §§ 12-4-403, 12-4-713, 12-4-901, or 12-4-913 is subject to de novo review by the County Board of Appeals. A person who appeared at the hearing and was aggrieved by the Chief's decision may file a written request for appeal with the Board of Appeals within 30 days of the decision.
(1985 Code, Art. 12, § 2-106) (Bill No. 67-98; Bill No. 11-07; Bill No. 90-18; Bill No. 89-20)