(A) The licensee shall have the right to request a hearing to contest the existence of any violation of this subchapter or the imposition of any penalty under this subchapter. A written request for a hearing must be filed by the licensee with the Chairman of the County Commission and with the County Attorney within 15 days of the date of mailing of the county’s notice of violation to the licensee. The request for a hearing shall include the licensee’s name, address, telephone number, and a statement of the licensee’s basis for disputing the existence of a violation or the imposition of a penalty. A timely request for a hearing shall stay the imposition of any penalty until the hearing is decided. The county’s finding of a violation shall be considered final if the licensee fails to request a hearing within the time period set forth above.
(B) The County Commission shall notify the licensee in writing of the date and time for the hearing. Hearings before the County Commission shall be conducted informally. Formal rules of evidence and court procedure shall not apply. The hearings are administrative in nature, and hearsay is admissible, but the evidence must have some probative weight and reliability to be considered. The licensee shall be given an opportunity to be heard at the hearing, shall have the right to be represented by counsel, and may call witnesses. The County Commission shall consider all of the evidence and shall take any action they deem appropriate as it relates to the licensee. The County Commission’s decision shall be made orally at the end of the hearing or in writing within ten business days following the hearing.
(Ord. 03-2004, passed 7-3-2004)