(A) Within 15 days of: (1) receipt of licensee's notice of contest pursuant to § 114.49(B)(1); or (2) expiration of the response time referred to in §§ 114.40(G) or 114.42(C); or (3) notice from licensee that it contests an audit determination of license fees under § 114.16(D), an administrative hearing shall be scheduled by the manager. This shall be a public hearing, and licensee shall be afforded an opportunity to be heard and to present relevant information.
(B) Within 15 days after the conclusion of such hearing, the manager shall issue a determination. In that determination the manager may:
(1) Find that licensee is not in violation of the terms of the license;
(2) Find that the licensee is in violation, but that such violation was with just cause and waive any liquidated damages that might otherwise be imposed;
(3) Find that licensee is in violation of the terms of the license, take corrective action, make written demand of licensee for the amount owed by licensee as a result thereof, and if not paid by licensee within 30 days following the date of such notice, pursue all remedies available, subject to licensee's right to appeal the manager's decision;
(4) Find that licensee is in violation of the terms of the license and impose liquidated damages; and
(C) In the case of a material violation recommend that the Council terminate the license; provided, that the Council may take action on any such recommendation only after a public hearing as set forth in § 114.53 Hearing by Council.
(D) If the manager determines that licensee has committed a violation, the determination shall be accompanied by a detailed statement of reasons for the determination, including findings of fact.
(E) The decision of the manager shall become final unless licensee requests a public hearing before the Council within 15 days of its receipt of the statement of reasons and findings of fact by the manager.
(Ord. 16-825, passed 9-13-2016)