(A) Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard.
(B) Following receipt of a notice of denial issued under § 111.03 or a notice of a violation and penalty issued under § 111.99, an applicant, license holder or employee of the license holder may request a hearing before a hearing officer appointed by the County Board or its designee. A request for a hearing shall be made by the applicant, license holder or employee of the license holder in writing and filed with the County Administrator within ten days of personal service or the mailing of the notice of denial or alleged violation. Following receipt of a written request for hearing, the applicant, license holder or employee of the license holder shall be afforded an opportunity for a hearing before the hearing officer.
(C) If after the hearing, the applicant or license holder is found ineligible for a license, or the license holder or employee of the license holder is in violation of this chapter, that decision, along with the hearing officer’s reasons for the decision shall be in writing. A copy shall be provided to the applicant, license holder or employee of the license holder within ten days of the date of the decision.
(D) Appeals of any decision made by the hearing officer shall be filed in the district court for the county within 30 days of the decision of the hearing officer.
(E) If the applicant, license holder or employee of the license holder has been provided written notice of the denial or violation and if no request for a hearing is filed within the ten-day period, then the denial, penalty, suspension and/or revocation imposed pursuant to this chapter shall take effect by default. The County Sheriff’s Office shall investigate compliance with the suspension or revocation.
(F) Nothing in this chapter shall prohibit the county from seeking prosecution as a misdemeanor for any alleged violation of this chapter. The county also has the right to seek prosecution as set forth in M.S. Chapter 609, as it may be amended from time to time, and any other applicable state criminal statutes.
(G) Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(Ord. 42, passed 2-10-98)