A. An applicant has the right to appeal the suspension, revocation, denial or conditional approval of a license under this article.
B. The applicant must file a written notice of appeal with the local licensing authority within fifteen (15) business days after the date of mailing of the action being appealed.
C. Upon notice from the local licensing authority that the applicant has satisfied the requirement in subsection (b), the Town Manager shall appoint an administrative hearing officer.
D. The applicant shall be provided with not less than ten (10) business days prior written notice of the appeal hearing to be held by the administrative hearing officer.
E. The burden of proof in an appeal filed under this section shall be on the applicant.
F. If the administrative hearing officer finds by a preponderance of the evidence that the decision of the local licensing authority was correct, the administrative hearing officer shall uphold that decision. If the administrative hearing officer finds by a preponderance of the evidence that the decision of the local licensing authority was incorrect, the administrative hearing officer shall reverse or modify the decision and remand the matter back to the local licensing authority for further action consistent with the hearing officer's findings and order. The administrative hearing officer may order the local licensing authority to impose additional conditions on the license issued or require that the conditions of approval be stricken or modified.
G. Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the denial or conditional approval of the application. (Ord. 510, 12-15-2021; amd. Ord. 526, 12-20-2022)