Appeals and Hearings before the City Administrator shall be conducted as follows.
(A) License denial: an applicant desiring to contest the denial of issuance of a License may appeal to the Board as specified in KRS 241.200.
(B) Revocation or suspension of licenses: the city may on its own initiative or on the complaint of any person, institute administrative proceedings before the City Administrator to revoke or suspend any license. A license may be revoked or suspended after the licensee has been afforded the opportunity for a hearing conducted in accordance with the procedure outlined below.
(C) Procedure: complaints seeking suspension or revocation of a license on the initiative of the city may be filed with the City Administrator by the Mayor or any person designated as a Code Enforcement Officer by Ordinance No. O-10-16. The complaint shall contain: a statement of the factual basis for the revocation or suspension along with a statement of issues involved, in sufficient detail to give the licensee reasonable opportunity to prepare evidence and argument-Complaints received from persons other than City officials shall be in writing, under oath, and shall in plain language describe the factual basis for the action sought. The City Administrator may issue an emergency order summarily suspend a License upon finding that continued operation of the license holder pending a hearing would constitute a threat to the public health, safety, or welfare.
(D) Notice of hearing: upon receipt of a complaint, the City Administrator shall:
(1) Conduct the hearing as soon as practicable and shall given notice of the hearing to the Licensee not less than ten (10) days in advance of the date set for the hearing;
(2) The notice required shall be served on the licensee by first class mail, sent to the last known address, or by personal service;
(3) The notice shall be in plain language and shall include:
(a) A statement of the date, time, place and nature of the hearing;
(b) The name and mailing address of the City Administrator;
(c) A reference to the specific statutes and administrative regulations which relate to the issues involved;
(d) A statement advising the Licensee of the right to legal counsel;
(e) A statement of the licensee’s right to examine, at least five (5) days prior to the hearing, a list of witnesses the licensee expects to call at the hearing, any evidence to be used at the hearing and any exculpatory information in the licensee’s possession;
(f) A statement advising that a licensee who fails to attend or participate as required at any stage of the administrative hearing process may be held in default under this chapter; and
(g) A statement that the hearing may result in suspension or revocation of the license.
(E) Conduct of hearing.
(1) The City Administrator shall preside over the hearing and shall regulate the course of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing.
(2) The City Administrator, at appropriate stages of the proceedings, shall give all parties full opportunity to file pleadings, motions and objections.
(3) The City Administrator may issue subpoenas and discovery orders when requested by a party or on his own violition. When a subpoena is disobeyed, any party may apply to the Circuit Court of the judicial circuit in which the hearing is held for an order requiring obedience. Failure to comply with an order of the court shall be cause for punishment as a contempt of the court.
(4) To the extent necessary for the full disclosure of all relevant facts and issues, the City Administrator shall afford all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence.
(5) Any party to the hearing may participate in person or be represented by counsel.
(6) The hearing shall be open to the public unless specifically closed pursuant to a provision of law.
(F) Findings; evidence; recording of hearing; burdens of proof.
(1) Findings by the City Administrator shall be based exclusively on the evidence on the record. The City Administrator shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this Commonwealth. Hearsay evidence may be admissible, if it is the type of evidence that reasonable and prudent persons would rely on in their daily affairs, but it shall not be sufficient in itself to support Findings unless it would be admissible over objections in civil action.
(2) All testimony shall be made under oath or affirmation. Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party.
(3) Objections to evidentiary offers may be made by any party and shall be noted in the record.
(4) The city shall cause all testimony, motions, and objections in a hearing to be accurately and completely recorded. Any person, upon request, may receive a copy of the recording or a copy of the transcript, if the hearing has been transcribed, at the discretion of the City, unless the hearing is closed by law. The agency may prepare a transcript of a hearing or a portion of a hearing upon request but the party making the request shall be responsible for the transcription costs; the form of all requests and fees charged shall be consistent with KRS 61.870 to 61.884.
(5) Not later than seven (7) business days following the conclusion of the hearing, the City Administrator shall issue a decision or order which shall set out the final disposition of the charges together with findings and conclusions which form the basis of that action.
(G) A licensee desiring to contest a decision of the City Administrator dealing with revocation or suspension of a license may appeal to the Board as specified in KRS 241.200.
(Ord. O-18-17, passed 12-12-17)