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A. Duty Of City Clerk's Office: If the City Clerk's Office receives a request for an informal review, the City Clerk's Office shall:
1. Review the decision or action and any information submitted by a licensee or an applicant; and
2. Communicate with the licensee or applicant if additional documentation or clarification is required.
B. Untimely Filing: The City Clerk's Office will refuse to consider any request for informal review that is not received within ten (10) business days of the date of the notice of denial, suspension, violation or revocation.
C. Licensee Failure To Respond: If the licensee fails to respond to communication requests, the decision or action shall become effective at twelve o'clock (12:00) midnight on the effective date of the notice.
D. Burden Of Proof: The applicant or licensee has the burden of proof and must establish that the decision or action of the Licensing Officer was arbitrary or capricious.
E. Review Informal: The review shall be conducted informally. The City Clerk's Office shall review the decision or action and the reasons therefor with the applicant or licensee. The applicant or licensee, in person or through his attorney, may present any evidence showing reason why the decision or action was arbitrary or capricious.
F. Decision Time Limit: The City Clerk's Office decision with respect to a request for informal review will be issued within seven (7) business days of the receipt of the informal review request or upon receipt of additional documentation or clarification as requested.
G. Licensing Officer Not To Review: The informal review shall not be conducted by the Licensing Officer who issued the notice of violation, denial, suspension or revocation. (Ord. 39-15, 8-25-2015)
A. Request For Review: If the applicant or licensee fails to obtain the relief requested in the informal review, or if the licensee's license is suspended or revoked pursuant to section 3-1A-19 of this article, the applicant or licensee may request an administrative review hearing by the Director.
B. Time Limit For Filing: A request for an administrative review must occur within seven (7) business days of the mailing or hand delivery of the final decision of the informal review to the applicant or licensee.
C. Information Required: A request for an administrative review shall contain the following information:
1. The name of applicant or licensee;
2. If an existing licensee, the City applicant or license number;
3. The reasons for which the review is requested set forth with specificity;
4. The applicant's or licensee's intent to be represented by legal counsel;
5. The remedy requested; and
6. The applicant's or licensee's availability for a hearing within the next seven (7) to fifteen (15) business days. (Ord. 39-15, 8-25-2015)
A. Duty Of Director: If the Director receives a request for an administrative review hearing, the Director shall:
1. Schedule a date for the hearing not more than fifteen (15) business days and not less than seven (7) business days after the Director receives the request;
2. Notify the licensee or applicant of the date, time and location of the hearing; and
3. State in the notice that the applicant or licensee must appear at and participate in the hearing in order to contest the violation, denial, nonrenewal, or the proposed suspension or revocation.
B. Untimely Filing: The Director will refuse to consider any request for review that is not received within seven (7) business days of the date of the mailing or hand delivery of final resolution of the informal review.
C. Failure To Appear: If the licensee fails to appear at the hearing, the decision or action shall become effective at twelve o'clock (12:00) midnight the day following the hearing.
D. Burden Of Proof: The applicant or licensee has the burden of proof and must establish that the decision or action of the City Clerk's Office was arbitrary or capricious.
E. Informal Hearing: The hearings shall be conducted informally. The Director or his designee shall review the decision or action and the reasons therefor with the applicant or licensee. The applicant or licensee, in person or through his attorney, may present any evidence showing reason why the decision or action was arbitrary or capricious. The Director shall cause an audio or video recording to be made of the hearing.
F. Decision Of Default For Failure To Appear: If an applicant or licensee fails to appear at the administrative review hearing, the Director shall enter a proposed decision of default upholding the denial, suspension or revocation. The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or licensee submits a written explanation for not appearing, which the Director finds substantial and reasonable.
G. Issuance Of Decision: The Director's written decision will be issued within seven (7) business days of the hearing. The Director's decision will include the reasons for his decision.
H. Effective Date: The Director's decision shall become effective ten (10) business days after the date the decision is mailed or hand delivered to the applicant or licensee. (Ord. 39-15, 8-25-2015)
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