A. Purpose: The city finds that there is a need to establish uniform procedures for business license hearings conducted pursuant to this chapter. It is the purpose and intent of the city to afford due process of law to any person who is directly affected by a business license violation. Due process of law includes notice, an explanation of the accusations, and an opportunity to be heard prior to imposition of a penalty. These procedures are also intended to establish a forum to efficiently, expeditiously, and fairly review and resolve issues raised in any notice of business license violation.
B. Request For Business License Violation Appeal Hearing:
1. An owner of a massage business has the right to request a business license violation appeal hearing by filing a written request and paying the required filing fee, if the request is filed within ten (10) calendar days after the notice of business license violation is served.
2. As soon as practicable after receiving a request for hearing, the city manager or his or her designee shall arrange for and appoint an administrative hearing officer, and the administrative hearing officer will schedule a date, time, and place for the hearing, and will serve written notice of the same to all known owners.
3. Failure to timely request a hearing as provided shall constitute a waiver of the right to a hearing and a waiver of the right to challenge the city's action set out in the notice of violation. Such a failure to request a hearing will result in a default judgment being entered upholding the notice of violation and assessing accrued fees, penalties and costs.
C. Procedures At Business License Violation Appeal Hearings:
1. Informal In Nature: Business license violation appeal hearings are intended to be informal in nature. The formal Utah Rules of Evidence and Discovery do not apply; however, an informal exchange of relevant documents and other evidence may be required at the discretion of the administrative hearing officer.
2. Discovery Requests: Discovery requests must be in writing directed to the opposing party. Failure to timely request discovery shall preclude a continuance to enable additional discovery or investigation.
3. Personal Information Protected: A complainant's personal identifying information is protected and shall not be released unless the complainant is a witness at the hearing.
4. Burden Of Proof:
a. The city bears the burden of proof at a business license violation appeal hearing requested to substantively challenge a notice of business violation.
b. At a hearing challenging the suspension or revocation of a massage business license, the owner of the massage business will bear the burden of proof and persuasion with respect to the claim that a violation did not occur.
5. Standard Of Proof: The standard of proof to be used by the administrative hearing officer in deciding any issue at a business license violation appeal hearing is the preponderance of the evidence. A preponderance of the evidence shows what is more likely than not.
6. Activities Allowed To Support Case: Each party shall have the opportunity to cross examine witnesses and present evidence in support of his or her case. If approved in advance by the administrative hearing officer, testimony may be given by telephone or other electronic means.
7. Hearings Open To Public: All hearings are open to the public. Hearings shall be recorded to enable verbatim transcripts to be prepared as needed.
8. Representation By Attorney: The owner of a massage business may be represented by an attorney. If an attorney will be representing the owner at the hearing, notice of the attorney's name, address, and telephone number must be given to the city's business license official at least seventy two (72) hours prior to the hearing. If timely notice is not given, and an attorney appears for an owner, the hearing will be continued at the city's request, and any costs of the continuance will be assessed to the owner.
9. Fee Refund If Violation Dismissed: If the administrative hearing officer dismisses the notice of business license violation entirely, the hearing fee shall be refunded to the owner who paid it.
D. Failure To Attend A Business License Appeal Hearing: Any owner named in a business license notice of violation who fails to appear at a duly noticed hearing is deemed to waive the right to a hearing, which will result in a default judgment entered for the city as to that owner and massage business. (Ord. 2019-24, 9-10-2019)