(a) The director may set a hearing after determining that grounds exist to revoke or suspend a food establishment permit or if a hearing is deemed necessary pursuant to a petition for reconsideration.
(b) Written notice of the hearing shall be served on the petitioner/violator at least ten days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested.
(c) Notice shall specify the date, time and place of the hearing.
(d) Notice shall be deemed received five days after it is placed in a mail receptacle of the United States Postal Service.
(e) For purposes of this section, the director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
(f) Whenever any deadline specified in this section falls upon a Saturday, Sunday or a city-recognized holiday, the deadline shall be the next regular city business day.
(g) The date of an order or ruling required to be made under this section shall be deemed to be the date it is signed.
(h) Decisions shall be based on a preponderance of the evidence. The city shall have the burden of proof in all hearings except permit and certificate denial hearings. In permit or certificate denial hearings, the burden of proof shall be on the petitioner.
(i) The director shall act as the hearings officer.
(j) After the conclusion of the hearing, the director shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay.
(k) A hearing shall exhaust all administrative remedies of the petitioner/violator.
(Ord. 12553, § 1, passed 6-18-1996)