(A) Request for hearing. An applicant may request a hearing for a reconsideration of the decision to deny a license. The hearing shall be heard pursuant to division (E) below. The request shall be filed in writing with the License Inspector within ten calendar days of receipt of the notice of decision from the License Inspector.
(B) Notice of hearing date. Upon receipt of a request for a hearing and reconsideration, the License Inspector shall set a date for a hearing on the license denial no later than 15 calendar days after the request for such hearing has been received by the License Inspector. The License Inspector shall give notice of the time and place of the hearing to the applicant(s) and to all persons required to appear in the matter. With the consent of the applicant, the hearing may be set for a later date for the convenience of all parties.
(C) Hearing not mandatory. A request for hearing and reconsideration is not mandatory; the applicant may seek judicial review without requesting a hearing and reconsideration.
(D) Hearing officer and hearing procedure. The Fiscal Court shall appoint a Hearing Officer who will serve a term of four years for the purpose of taking evidence upon an application for reconsideration of the decision by the License Inspector. The hearing shall be conducted pursuant to KRS 13B.080 - 13B.090(1) - (6), KRS 13B.100, KRS 13B.130, which shall be incorporated by reference herein. The decision of the Hearing Officer shall be final and subject to judicial review.
(E) Decision. The Hearing Officer shall issue a decision, with findings, within ten calendar days after any hearing held in accordance with this section. The Hearing Officer shall mail a copy of the decision by United States first class mail to the applicant and to any other person entering a written appearance on behalf of any party. Unless the applicant has consented in writing to a delay of the hearing, the hearing shall be held and a decision rendered by the Hearing Officer within 30 calendar days of receipt of the License Inspector of the notice requesting the hearing.
(F) Judicial review. Any applicant or any other person aggrieved by the decision of the License Inspector or Hearing Officer to approve or deny a license application under the provisions of this chapter may seek judicial review in a manner provided by law.
(Ord. 451.11, passed 1-25-05)