B. Decisions of the Chief Financial Officer to revoke a permit shall be appealed in the following manner:
1. Appeals may be initiated by the person whose permit was revoked;
2. Appeals shall be initiated within fifteen (15) calendar days of service of notice of the decision to revoke the license;
3. Appeals of decisions shall be made in writing and shall state the factual basis and evidence to substantiate the appeal;
4. All appeals of decisions shall be heard by a Hearing Officer appointed by the City Manager;
5. A hearing before the Hearing Officer may be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this Chapter. The appellant shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The City and appellant may mutually agree to waive, modify, or change the date of the proceeding;
6. All appeals of decisions shall be conducted in accordance with the following procedures:
a. At least ten (10) days prior to the hearing, the appellant shall be provided with copies of the citations, reports and other documents or evidence submitted or relied upon by the Chief Financial Officer;
b. No other discovery is permitted. Formal rules of evidence shall not apply. Appeal hearings are intended to be informal in nature. Each party shall have the opportunity to present evidence in support of his or her case, and to cross-examine witnesses. Irrelevant and unduly repetitious evidence shall be excluded;
c. The failure of the appellant to appear at the hearing shall constitute a failure to exhaust their administrative remedies.
7. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision.
a. The Hearing Officer may uphold or deny the decision;
b. The appellant shall be served with a copy of the Hearing Officer's written decision; and
c. The decision of the Hearing Officer is final.
(Ord. No. 2023-006 § 1 (part))