(a) If the Police Chief determines that grounds exist for denial, suspension or revocation of a license or permit under this Chapter, he or she shall notify the applicant or permit holder (hereafter “respondent”) in writing of his or her intent to deny, suspend or revoke, including a summary of his or her reasons for that action.
(b) Within ten working days after receipt of such notice, the respondent may include a written response including the reasons why the license or permit should not be denied, suspended or revoked and may include a request for a hearing. If no written response is received by the City within the time set out, notification shall be sent to the respondent within five working days after the expiration of the response period indicating that the administrative action of denial, suspension or revocation has become final.
(c) Within five working days of the receipt of a written response, the Police Chief either shall withdraw the intent to deny, suspend or revoke, and send notification thereof, or schedule a hearing before a hearing officer and send notification in writing of the time and place of such hearing. If the Police Chief does not send timely notification either withdrawing the intent or scheduling a hearing, the intent shall be deemed withdrawn.
(d) Any hearing shall be scheduled not fewer than 15 nor more than 30 working days after receipt of the request therefor. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel at respondent’s own expense. The rules of evidence shall not apply. Respondent shall have the burden of proving by a preponderance of the evidence that the denial, suspension or revocation was arbitrary and capricious and an abuse of discretion.
(e) Any hearing officer shall render a written decision within five working days after completion of the hearing and shall mail a copy of the decision to the respondent. If more than 45 days elapse between receipt by the Police Chief of a request for a hearing and mailing of the decision by the hearing officer, the decision shall be deemed to be in favor of the respondent. The decision shall constitute final administrative action at the end of five working days after it is mailed. The respondent may continue to function under any regular license or permit pending receipt of the final decision.
(f) All notices shall be in writing and sent certified to the respondent’s address on file with the City. Any hearing shall be scheduled not fewer than 15 nor more than 30 working days after receipt of the request therefor.
(Ord. 93U, passed 11-3-2004)