(Amended by Ord. No. 187,879, Eff. 6/2/23.)
(a) Appeals – General.
1. Unless otherwise specified, an appeal must be filed with DCR within 15 days of the date the written decision being appealed was mailed or sent by electronic mail, whichever is earlier. An appeal shall be filed following the submission of all required and completed appeal information, forms, and documents, and the payment of all relevant appeal fee(s) pursuant to Section 104.19. The right to an appeal shall be waived if the Applicant or Licensee fails to timely file an appeal. Failure to file an administrative appeal shall constitute a failure to exhaust administrative remedies.
2. The Applicant or Licensee shall set forth the specific basis upon which an error or abuse of discretion by the lower level decision maker is asserted. The lower level decision maker shall transmit to the appellate body the appeal, the file of the matter, along with any report, if one was prepared, responding to the allegations made in the appeal.
3. The time for holding any hearing required under this section may be extended by mutual agreement between the appellate body and the appellant. If the appellate body is the Commission, DCR shall have the authority to extend the time on behalf of the Commission. Failure of the appellate body to act within the time period allowed, including any extensions, shall be deemed a denial of the appeal.
4. The appellate body may consider the decision and record before the lower level decision maker and any new written information and oral testimony timely provided to the appellate body. The appellate body shall rule on the record and evidence de novo, substituting its own judgment for that of the lower level decision maker without deferring to the lower level decision maker’s findings and determinations. The appellate body may reverse or modify, in whole or in part, any decision of the lower level decision maker, including any penalties or fines assessed by the lower level decision maker. The appellate body shall make written findings supported by evidence in the record.
5. The appellate body shall mail its determination on the appeal within 30 days of the closure of the hearing on the appeal. Failure of the appellate body to issue a timely determination shall be deemed a denial of the appeal.
6. If there are no further appeals available, a determination issued by an appellate body is final and effective on the date of mailing the determination and shall exhaust all administrative remedies.
(b) Appeals to Administrative Hearing Officers.
2. An administrative hearing officer shall hold a hearing to consider an appeal within 60 days of the date the request for an administrative hearing is filed.
3. There is no further appeal to the Commission or City Council of an administrative hearing officer’s determination. A final determination by an administrative hearing officer shall exhaust all administrative remedies.
(c) Appeals to the Commission.
1. A request for an appeal to the Commission may be filed by the Applicant for the following:
(i) DCR’s denial of an Annual License Application for Storefront Retailer or Microbusiness Commercial Cannabis Activity with on-site sales pursuant to Section 104.06(b)(2)(ii).
(ii) DCR’s denial of an Annual License Application for Commercial Cannabis Activity that is not Storefront Retailer or Microbusiness with onsite sales pursuant to Section 104.06(c)(1).
2. The Commission shall hold a public hearing to consider an appeal within 90 days of the Commission’s receipt of the appeal. DCR shall provide notice of a Commission public hearing under Section 104.06(b)(1)(iii)(A) - (C) no less than 20 days prior to the date of the hearing.
(d) Appeals to City Council.
1. A request for an appeal to the City Council may be filed by the Applicant for the Commission’s denial of an Annual License application for Storefront Retailer or Microbusiness Commercial Cannabis Activity with on-site sales pursuant to Section 104.06(b)(2)(v).
2. The City Council shall hold a public hearing to consider the appeal within 15 City Council meeting days of City Council’s receipt of the appeal. No later than three days prior to any City Council hearing under this subsection, DCR shall provide notice of the hearing by electronic mail to the Applicant.