(a) The License Appeals Board shall hear and decide appeals from all decisions made by the Safety Director with regard to any license that an individual is required to obtain, under any provision of these Codified Ordinances, to carry on a particular profession, occupation, or trade, or to work as an employee in a specified type of establishment, where the regulation requiring such license provides for appeal of licensing decisions to the License Appeals Board.
(b) Within three days of receipt of any notice of appeal that is submitted within the time frame specified in the applicable licensing regulation, the License Appeals Board shall notify the Safety Director of such appeal. Within four days of receipt of such notice from the License Appeals Board, the Safety Director shall provide to the License Appeals Board a record of the decision out of which the appeal arises, including the notice by which the Safety Director notified the license applicant or licensee of the basis for his decision, and any other relevant documents.
(c) Within five days of receipt of any notice of appeal that is submitted within the time frame specified in the applicable licensing regulation, the License Appeals Board shall notify the party bringing the appeal, in writing, of the date on which a hearing is to be held on the appeal. Such notice shall be provided by certified mail and, if necessary, by additional means designed to ensure that the party bringing the appeal receives notice of the hearing date at least seven days before the hearing date. Such notice shall inform the party of his right to appear at the hearing, with or without legal representation, and to present evidence and examine witnesses appearing for and against him. The hearing date shall be set in compliance with any requirements established in the applicable licensing regulation for the timing of License Appeals Board hearings.
(d) The License Appeals Board shall conduct a hearing to determine, based on the record provided by the Safety Director and any additional evidence presented at the hearing, whether the decision of the Safety Director from which the appeal was taken was consistent with the standards outlined for such decisions in the applicable licensing regulation. The License Appeals Board shall confirm the Safety Director's decision if it finds that the decision was consistent with the standards outlined in the applicable licensing regulation. If the License Appeals Board finds that the Safety Director's decision was not consistent with such standards, it shall reverse or modify the decision in accordance with such standards. The License Appeals Board shall issue its decision in compliance with any time limit for that decision that is established in the applicable licensing regulation.
(e) All decisions of the License Appeals Board shall be final appealable orders. Each such decision shall contain written findings of fact upon which the order is based, and shall notify the party bringing the appeal of his right to seek prompt judicial review in any court of competent jurisdiction.
(f) The License Appeals Board shall in all cases comply with requirements related to appeal rights that are set forth in the applicable licensing regulation.
(g) All hearings conducted by the License Appeals Board shall be open to the public, and notice of such hearing shall be provided to the public in accordance with State law. In addition, notice of all hearings to be conducted by the License Appeals Board shall be posted in the same manner as the agenda is posted for all regular City Council meetings, and the License Appeals Board may, by motion passed by a majority of its members, require the publication of any hearing notice in any newspaper printed in the State and of general circulation in the City.
(h) The License Appeals Board may adopt additional rules of procedure as needed, provided that such rules are consistent with the provisions of this chapter and do not delay the timing of any hearing or decision by the License Appeals Board beyond the deadlines established in the applicable license regulation.
(Ord. 8452-1998. Passed 5-19-98.)