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 The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or licensee submits a written explanation for not appearing, which the Director finds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)