An applicant whose license has been denied, suspended, or revoked shall have the right to appeal to the appeals board. Any appeal must be submitted by either the applicant, the responsible person or entity, or legal counsel for either who: a) documents the relationship with the applicant or responsible person or entity; or b) is licensed or authorized by the state of Utah to do so, and makes the assertion of an agency relationship. The following procedures and requirements shall apply:
A. Any appeal must be submitted in writing to the city recorder within ten (10) business days of the decision from which the appeal is taken. Such appeal shall describe in detail the nature of the appeal, the action complained of, and the grounds for appeal.
B. Upon request of the applicant, the city will make available any information upon which it relied in making the determination to either deny or suspend the license.
C. The appeals board shall review, de novo, all written information submitted by the applicant to the licensing official, any additional information relied upon by the licensing official as the basis for denial, suspension or revocation, and any additional information supplied by the city or applicant. Any additional information submitted by any party to the appeal to the appeals board shall be simultaneously submitted to the opposing party.
D. The appeals board will render a decision no later than fifteen (15) calendar days or the next available city council meeting from the date the appeal was taken, unless an extension of time is agreed upon by the parties.
1. The denial, suspension, or revocation of the license shall be reversed by the appeals board if upon review of the written appeal and information submitted, the appeals board finds that the licensing official made a material mistake of law or fact in denying, suspending, or revoking the applicant's license.
2. If the written appeal and information submitted indicates that the licensing official properly denied, suspended, or revoked the license of the applicant, the denial or suspension of the license shall be affirmed and constitute a determination that the suspended license is revoked.
3. A written decision of the appeals board shall be delivered to the applicant.
E. After the ruling of the appeals board, the applicant is deemed to have exhausted all administrative remedies with the city.
F. Nothing herein shall impede or interfere with the applicant's or city's right to seek relief in a court of competent jurisdiction. (Ord. 11-21-2006A, 11-21-2006; amd. Ord. 3-20-2012A, 3-20-2012)