(a) Persons entitled to hearing. Any person whose application for a permit under section 36-38 is denied, any person whose application for a permit is issued subject to conditions the applicant finds unacceptable, any person whose permit is revoked or suspended, and any person against whom a penalty is assessed pursuant to section 36-39 (each of whom is hereafter referred to as "aggrieved person") is entitled to a hearing pursuant to this section.
(b) Demand for hearing.
(1) The aggrieved person shall exercise such right to a hearing by making a written demand for a hearing in accordance with this subsection.
(2) Any person making a demand for a hearing shall deliver the demand to the director within 30 days of:
a. The date of the contested permit;
b. The date of the notice of denial of a permit application;
c. The date of the notice of a revocation or suspension of an issued permit; or
d. The date a penalty was assessed, as the case may be.
(c) Contents of demand. The written demand for a hearing must identify separately and with particularity:
(1) The aggrieved person;
(2) The specific permit provisions or conditions or other issues contested or to be considered;
(3) The reasons for the objection; and
(4) Any alternate provisions, conditions or terms the aggrieved person proposes.
(d) Conduct of hearing.
(1) The hearing shall be conducted by the director and shall be subject to such rules as have been approved by the council or the director as hereinafter set forth. If the demand for a hearing is not made in accordance with the provisions of this section, the director shall reject the demand and any right to a hearing shall be terminated. If any person demanding a hearing shall fail to comply with an order of the director or with any rules issued by the director or approved by the council concerning the conduct of the hearing, the director may reject the demand and any right to a hearing shall be terminated. Within 90 days of the receipt of the written demand for a hearing, the director shall conduct a hearing and issue a final order or decision. The director shall transmit a copy of the final order or decision to the aggrieved person by registered or certified mail. No further review of the director's final order or decision will be allowed, except as set forth in sections 36-37 through 36-41.
(2) The director may submit rules to the council for approval concerning the conduct of the hearing and any other matter associated with the hearing. Such rules may impose requirements in addition to the provisions of this section. Upon approval by the council, such rules shall be as effective as if set forth in this section. The director shall make a copy of such rules available for inspection upon the request of any person.
(3) The director is authorized to take any action which is reasonably necessary or convenient in considering a demand for a hearing and in resolving the issues raised therein so long as such action is not contrary to the provisions of sections 36-37 through 36-41, any rules approved by the council, or other applicable law.
(4) The director may appoint a hearing officer to conduct any hearing authorized by this section. A hearing officer shall have the same authority to conduct a hearing and reach a decision as is provided to the director; provided that the decision of the hearing officer shall not be final, but shall be a recommended decision for consideration by the director. The director may approve such decision without change, reject the decision and require a new or continued hearing, or issue a different or revised decision which is supported by evidence presented at the hearing. The director may refer a recommended decision of a hearing officer to the town manager or designee. In the event of a referral, the town manager or designee shall have the same authority to act upon a recommended decision of a hearing officer as is provided to the director. The decision of the director or, in the event of a referral, of the town manager or designee shall be final. A final order may provide that the action which is the basis for the demand for a hearing is approved without change or may modify such action in any manner that is supported by the evidence presented at the hearing.
(5) The director may provide for any part of the hearing to be recorded by any reasonable means, including, but not limited to, audio and/or video recording, stenographer, or court reporter. A transcript of any hearing, or part thereof, which is recorded need not be prepared unless requested. The original of a requested transcript shall be filed with the director. Each person shall bear the cost of the transcript which such person requests, including any copy thereof.
(e) Judicial review. Any person against whom a final order or decision of the director is made, pursuant to the hearing conducted under section 36-40, may seek judicial review of the order or decision by filing a written petition within 30 days after the date of notice of the order or decision, but not thereafter, with the superior court of the county. If not previously requested, such person shall request in writing that a transcript be prepared for every part of the hearing which was recorded. Such request shall be made at or before the time that the petition is filed. A copy of the petition shall be served on the town in the manner required by law. Within 30 days after service of a copy of the petition upon the town or such other time as may be ordered by the court, the town shall prepare and transmit to the court the original or a certified copy of the official record of the hearing as hereinafter set forth. The official record of the hearing shall consist of all notices, motions and other similar documents; all documentary and tangible evidence tendered at the hearing; and the final order or decision. A transcript of each part of the hearing that was recorded shall be included in the official record as an exhibit, if available at the time the remaining portion of the official record is transmitted to the court. If the transcript is not available at that time, it shall be transmitted to the court as soon as reasonably possible after the transcript has been prepared. If testimony is taken and not recorded, a narrative summary of any testimony taken shall be prepared and transmitted to the court as an exhibit to the official record.
(Code 1982, § 19-28; Ord. No. 95-021, 6-22-1995)