(A) The City Board of Public Works and Safety shall serve as the appeal and review board for licenses pursuant to this chapter.
(B) Whenever a licensee or applicant for a license wishes to appeal any decision of the City Controller refusing to issue or renew a license or suspending or revoking a license, the licensee or applicant shall first appeal to the Board. In order to appeal to the Board, the licensee or applicant shall send a written notice of appeal to the City Controller, by certified mail with return receipt requested, or by personal service with a signed receipt. The notice to the City Controller must be received by the City Controller within 20 days of the date of issuance of the decision from which the appeal is being made.
(C) Upon receipt of the notice of appeal served pursuant to division (A) above, the City Controller shall notify the Board. The Board thereupon shall set a hearing and shall notify the licensee or applicant and the City Controller of the hearing date, time and place at least five working days prior to the hearing.
(D) All hearings shall be conducted by the Board or Administrative Law Judge in the manner prescribed by the Administrative Adjudication Act (I.C. 4-21.5-3-1 through 4-21.5-3-37), and the determination of the Board or Administrative Law Judge shall be subject to judicial review as provided in that Act.
(E) The applicant or licensee shall bear the burden of proof that the City Controller decision should be vacated because it was either unlawful, based upon an incorrect factual record or otherwise an abuse of the City Controller’s discretion. The City Controller or a person appointed by the City Controller may present evidence at the hearing, which supports the City Controller’s decision causing the appeal to be taken.
(F) The decision of the Board or Administrative Law Judge on an appeal under this section shall be final, and the decision, together with the reasons therefor, shall be delivered in writing within 30 working days from the close of the hearing to the person taking the appeal, and a certified copy shall be delivered to the City Controller, who shall keep all decisions on file in the City Controller’s office. All decisions shall become effective upon delivery to the City Controller.